SPRTA124R0205_Redacted.pdf

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Attached to
F-15/16 Cylinder Block Assy Federal contract opportunity
Solicitation number
SPRTA124R0208
Issued by
Defense Logistics Agency Aviation

About this file

This document is a Justification for Other Than Full and Open Competition for a sole source acquisition of F-15/16 Cylinder Block assemblies (NSN 1650-01-228-9279/PN 739504). The contracting activity is DLA Aviation at Tinker AFB, with a maximum quantity of 1,620 units and an estimated total value not exceeding $15 million. The statutory authority is 10 U.S.C. 3204(a)(1) for available from only one or limited number of sources. The sole source vendor is Hamilton Sundstrand Corporation (CAGE 99167) as the only known source that can satisfy the requirement. A sources sought notice was posted with no other responses received. The justification cites the lack of technical data and data rights owned by the government to allow competitive acquisition from additional sources. The contracting officer will complete a price analysis, and certified cost or pricing data may be required. The government will continue to monitor the market and synopsize future requirements for potential additional sources.

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CUI

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR SOLE SOURCE AND LIMITED COMPETITION

I .Agency: Defense Logistics Agency Contrncting Activity: DLA Aviation at Tinker AFB, OK

Document Identification Number: FD2030-24-01224 l✓ I FAR Patt 15 □ Solicitation Number: _s_P_R_T_A_1-_24_-_R_-o_

_o_5_

FAR Pait 12 FAR Patt 13.5

2. The action being approved is the acquisition of supplies/services on other than a foll and open competition basis.

l✓ I New Action □ Amendment: ________________________ _

3. The supplies/services required to meet the using activity's needs ai·e described as follows:

BRIEF DESCRIPTION

F-15/16 Cylinder Block Unit

*If too munerous, attach list ofNSNs and AMSC codes.

This acquisition:

NSN/PN

1650-01-228-9279/739504

QUANTITY

Max Qty -1,620ea

ESTIMATED VALUE

4. Type of Contract (mayincludenumberofbase years )_F_ir_m_-F_ix_e_d_-P_ri_ce_,_F_ix_e_d _O_u_an_ti_ty _______________ _ will not include an option. m D D will include a. ___ % option for increased quantity. Total estimated dollar value of option quantity is$. _____ _ will include an option to extend the term of the contract for a period of. ____ .months, exercisable in increments of

___ months. Total estimated dollar value of all option periods is$ . The maximum dollar value of all option periods is $ _____ _

The total estimated dollar value of this acquisition is: (inclusive of any options) $ ___ _.. The maximum dollar value of this acquisition is: (inclusive of any options)$. ______________ _

5. The statutory authority pe1mitting other than full and open competition is 10 U.S.C. 3204(a)(l) -Available from only one or limited number of sources.

6. Effo1ts to improve DoD Competition in accordance with DFARS 206.303-2:

[Z]A Som-ces Sought notice or Request for Infonnation (RFI) in accordat1ce with DFARS PGI 206.302- l(d) was posted to Contract Opportlmities at WWW.SAM.Gov on 29-Feb-2024 resulting in the following:

The Sources Sought Synopsis was posted to SAM.Gov under number FD2030-24-01224 with a closing date of 6-March-2024. No sources replied to the posting.

D A mass sources sought notice which included NSN(s) ___ _ _ _______ ____ ____ __ _ was posted to FedBizOpps on ___________ Date must be most cunent FBO posting (i.e., within a six month period). If too numerous, attach list ofNSNs.

D A waiver of sources sought notice/RF! was approved by the HCA or designee on ________ _ and is hereby attached.

7. The acquisition is restricted to the only som-ce(s) of supply known to have the capability of ftm1ishing the required supplies/services.

Source(s) are:

A VN Fonn S53, NOV 2023 CUI

CONTROLLED BY: DLA Aviation AO

CUI CATEGORY: PROCURE

DISTRIBUTION/DISSEMINATION CONTROL: FED ONLY

POC:

CAGE CUI COMPANY NAME

99167 Hamilton Sundstrand Corporation

The use of authority 10 U.S.C. 3204(a)(l) is based on:

□ AMC 1.

□ AMC2.

[l] AMC3.

□ AMC4.

□ AMC5.

□ AMSCA.

□ AMSCB.

□ AMSCC.

□ AMSCD.

□ AMSCH.

□ AMSCK

□ AMSCL.

0AMSCM

0AMSCN.

(Z] AMSCP.

Ck.MscQ.

□AMSCR.

O AMscs.

Ck.Mscu.

O AMscv

CkMscY.

Suitable for competitive acquisition for the second or subsequent time.

Suitable for competitive acquisition for the first time.

Acquire, for the second or subsequent time, directly from the manufacturer.

Acquire, for the first time, directly from the manufacturer.

Acquire directly from the sole source contractor, who is not the manufacturer.

The Gove1mnent' s right to use data in its possession is questionable. This code is under review and will be updated when the review is complete.

This must be acquired from a manufacturing source(s) specified on a source control drawing.

This pa1t required engineering source approval by the design control activity in order to maintain the quality of the part.

The data needed to acquire this pait is not economically available.

The Government does not have sufficient, accurate, or legible data to purchase this pait from other than the current source. This code is under review and will be updated when the review is complete.

This part must be produced from class 1 castings tmder MIL-STD-2175.

The annual buy value of this pa1t falls below the screening threshold established by DoD.

Manufacture of this pai't requires use of master or c.oordinated tooling.

Manufacture of this part requires special test and/or inspection facilities to maintain function or system integrity.

The rights to use the data needed to purchase tl1is pa1t from additional source(s) are not owned by the Government and cannot be purchased, developed, or othe1wise obtained.

The Government does not have ade.quate data, lacks rights to data, or both. It is not economical to buy the data or rights to the data.

The Government does not own the data or rights to the data needed to purchase this pait from another source. It is not economical to procure the data or rights to tl1e data.

Acquisition of this item is restricted to Government approved source(s) because the item involves military sensitive technology.

The cost to the Government to breakout this pait and acquire it competitively has been dete1mined to exceed the projected savings over the life spai1 of the part.

This pait has been designated a high reliability part. Probability of failure would be unacceptable. The engineering activity has dete11nined that data to define ai1d control reliability limits caimot be obtained.

The design of this pa1't is tu1Stable. Engineering, manufacturing, or perfo11nance characteristics indicate that the required design objectives have not been achieved.

D AMSC Z. This part is a commercial/no-developmental/off-the-shelf item.

Drawing 739504 is proprietary in Air Force files. The rights to use the data needed to purchase this [Z] Other: part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained Hamilton Sundstrand (CAGE: 99167) is the only known source that can satisfy the Government;s requirement for this item.

NOTE: A tedmical certification is 1·equired for ac.quisitions over $15 million

A VN Fo11n S53, NOV 2023 CUI

8. Efforts to ensme that offers are solicited from as many somces as practicable are:

I✓ I The acquisition will be synopsized on or about 1 0-Jun-2024 and any finn requesting a solicitation copy will be provided one.

□ A synopsis exception cited in FAR 5.202 applies: (Explain) _______________________ _

Manufacturers of similar products identified in the market survey will be solicited.

Dealers of the manufactmers will be solicited. a Other: (Explain) __________________________________ _

9. I hereby detenni.ne that the anticipated cost to the Government will be fair and reasonable. (Explain) The contracting officer will complete a price analysis. If the proposed dollar amount exceeds the TINA threshold IAW FAR 15.403-4, certified cost or pricing data will be required and a detailed cost analysis will be accomplished. Support from the Defense Contract Management Agency or the Defense Contract Audit Agency may be requested as appropriate to aid in evaluating the proposal.

10. A market survey as defined by FAR 10:

I✓ I was conducted, and fums indicating an interest in the acquisition will be solicited. Market research effo1ts, include:

Market research, in accordance with FAR Part 10 was conducted by a multi-functional team. This research induded inquiries into Haystack, Parts Manufacturer Approvals, Google, Thomas Register, and similar item manufacturer's websites to include a Sources Sought Synopsis Posting. There was no other responses or inquiries were received by the Government from any other contractors. Also, there is not a reasonable expectation that two or more responsible offerors would submit priced offers. Furthermore, this requirement cannot be modified nor be satisfied with a commercial, or modified commercial item.

□ was not conducted due to: ------------------------------------

11. Additional facts suppo1ting other than full and open competition are:

D Based upon the technical ce1tification on file , technical data is not available and cannot be developed to pennit full and open competition. The data presently available reflects the 1ni.nimum needs of the Govemment.

D When FAR 6.302-1 is cited for substantial duplication of costs in the case of a follow-on acquisition as described in

6.302-l(a)(2)(ii)(A), an estimate if the cost to the Government that would be duplicated and how the estimate was derived: -------------------------------------------

When FAR 6.302-1 is cited for unacceptable delays in the case of a follow-on acquisition as described in 6.302-l(a)(2)(ii)(B), describe the tmacceptable delays: ________________________ _

A letter was sent to Hamilton Sundstrand on 10/5/10 requesting a corporate policy for release of data to the Air Force.

Response to this request dated 11/4/10 states that no data/data rights will be supplied to the government. Letters were also

Other: sent on 10/30/14, 3/16/16, 8/22/16 and 2/7/18. There was no response to the requests. Hamilton Sundstrand's refusal to answer the requests for data/data rights release has been construed as a negative response to the government's request. The rights to use the data needed to purchase this part from additional sources are not owned by the government.

A VN Fonn S53, NOV 2023 CUI

12. A listing of sources, if any, indicating an interest in writing in the acquisition are: (if none, state none)

CAGE COMPANY NAME

NONE NONE

13. The actions, being taken to overcome ban-iers to competition before any subsequent acquisition are made: (Explain)

The 422ND SCMS will continue to monitor the marketplace for potential sources. The Government will continue to synopsize requirements for potential sources and periodically screen the item for changes in data and source availability.

APPROVAL

APPROVAL LEVELS OF THE nJSTIFICATION - FAR 6.304

D not exceeding $750,000 ............. .... .. .... ...................... ...... ..... Contracting Officer [Z] over $750,000 not exceeding $15,000,000 . ...... .............. ...... Competition Advocate

LJ over $15,000,000 not exceeding $100,000,000 ................. . Head of the Contracting Activity

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION - FAR 6.302-2(c) Supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification have been certified as complete and accurate by the cognizant technical/requirements Personnel. Signature of technical/requirements personnel is not required.

DLA COUNSEL AVIATION - DLAD 1.691(e)(3)(i) DLA Counsel Aviation has reviewed this Form S53 and concluded it creates a legally sufficient justification for restricting competition pursuant to I 0 U.S.C. 3204(a)(l) and FAR 6.302-1 for acquisitions for NSNs in the federal supply system at or below $15 million. For acquisitions above $15 million, sigllature of the Aviation Deputy Chief Counsel is required to document legal sufficiency:

Name and Title Signature Phone

CONTRACTING OFFICER - FAR 6.303-2(b )(12) I hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If not exceeding $750,000, this signature serves as the approval.

RONALD D. DRAPER DRAPERRONAI.O.~

Name and Title Signature ---Phone

COMPETITION ADVOCATE - FAR 6.304(a)(2)

Date

23-Jul-2024 Date

The Competition Advocate for the procuring activity designated pursuant to FAR 6.501 has reviewed and hereby certify that the information contained in this justification is accurate and complete to the best of my knowledge and belief. If over $750,000, but not exceeding $15 million this signature serves as the approval.

Tracy Clendennen I Acting Competition Advocate

Name and Title

CLENDENNEN.TRACY.AN- ='ll..c,-

- Clele:21»$.07.llOUS:36~

Signature

HEAD OF CONTRACTING ACTIVITY - FAR 6.304(a)(3)

---Phone 23-Jul-2024 Date

The Head of Contracting Activity has reviewed and approved this Justification for a proposed contract over $ I 5 million, but not exceeding $100 million.

Name and Title Signature Phone Date

A VN Fonn S53, NOV 2023 CUI

File details come from the government source that posted it. Updated .