JA_final rev.doc

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for the Air Force Global Logistics Support Center (AFGLSC), 638 Supply Chain Management Group (SCMG), 409 Supply Chain Management Squadron (SCMS) / GUMCA. The contracting authority for this requirement is the Defense Logistics Agency, DLA/AWB, Warner Robins, GA. The purchase request number supporting this contracting action is FD2060-11-35153.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

Due to the circumstances described herein, the activity requests authority to acquire the item listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This action will result in the award of a new contract, which will be a Firm Fixed price, Indefinite Delivery Indefinite Quantity (IDIQ) with five (5) ordering periods. This sole source requirement will be purchased from the following company:

Will-Mann, Inc.

225 E. Santa Fe Ave

Fullerton, CA. 92832-1917

CAGE: 61723

Small Business

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

This 5-year requirement is for the purchase of Long Life Containers (ISOPOD), NSN: 8145-01-125-2138FX (P/N K1045000-6) used in the storage and shipment of the 031 Radar Antenna, which is a line replaceable unit on the F-15C-E and the AC130U aircraft. This acquisition will use MSD funds.

The requirement covered by this J&A is as follows:

The estimated total price for this acquisition, including all ordering periods, is $1,403,304.50 which is based on a contractor ROM dated 28 June 2011. All projected quantities are computed at the highest quantity and are based on the requirements of the Radar Modernization Program, used to replace the 031 Antenna over the next several years.

The anticipated delivery schedule is 180 days after receipt of contract.

The Acquisition Method Suffix Code of 3R reflects acquisition of this part is restricted to the actual manufacturer and the Government does not own the data or the rights to the data needed to purchase this part from additional sources.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED ABOVE (APPLICABILITY OF AUTHORITY) The agency's minimum needs can only be satisfied by the unique supplies or services available from only the above cited source which possesses unique capabilities demonstrated as follows:

The original manufacture for these ISOPODs is Will-Mann, Inc. Will-Mann Inc. owns the rights to the technical data and is the only qualified source that can currently meet the Government’s requirement.

The data and/or rights to use the data needed to purchase the ISOPOD from additional sources are not owned by the Government. In an email dated, 11, July 2011, Will-Mann advised that they are unwilling to sell the data to the Government.. Even if the data was available for purchase, it has been determined that it would be uneconomical to purchase this required data. Engineering estimates that buying the required data needed to go forward with qualifying a new source would easily cost over $1.5M. In addition to the cost of buying the data, the Government would have to pay for qualifying a new source which would cost $250K and take approximately one year. The competition resulting from a newly qualified source would not result in a sufficent savings to the government to see a return on their investment. Also, the time required to qualify a new source would place F-15 Antenna sustainment/supportability in jeopardy and would slow the fielding of the APG-82(V)1.

No commercial or non-developmental items are available to meet Air Force requirements. There are no aircraft in the commercial market with the same or similar containers since no commercial aircraft uses the F-15 Radar Antenna.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE This requirement will be synopsized in the Federal Business Opportunities citing conditions which preclude F&OC. All interested sources will be evaluated to determine if they are or can be qualified.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.403-4, the contractor will be required to provide certified cost and pricing data to be used in supporting the Government’s evaluation of the proposed cost. The proposed skill mix of labor, labor hours, types and quantities of material, other direct costs, and direct and indirect rates will be negotiated by the Government based on recommendations from the Defense Contract Audit Agency (DCAA) and expert technical personnel supporting the program. The contract price will be negotiated in accordance with the procedures in FAR Part 15 ensuring the ultimate cost to the Government is fair and reasonable.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED The market research was conducted, IAW FAR 10.002(b)(2), to determine commerciality application and the possibility of alternate sources. The techniques used were internet searches/research of multiple storage/shipping container companies and discussions with other government technical employees that are/were directly involved with ISOPODs or similar shipping/storage containers.

The Central Contractor Registration (CCR) dynamic Small Business (SB) website database [http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm] was also searched for 8(a), HUBZone SB, and service-disabled small businesses (SDVOSBs) as well as just SB in general resulting in no SB that could meet the Government’s current requirement.

The D043A Air Force Master Item Identification Database was also researched along with previous acquisition historical records. The D043A includes all qualified sources identified at the time of initial cataloging of these items and through subsequent revisions.

Other similar military radar systems, like the F-18’s APG-65 and APG-73 as well as the F-14’s AWG-9 and APG-71, were reviewed for compatibility. Drawing reviews determined that these radar shipping/storage containers would not meet the Government’s current requirement as they are too small and it would not be economically feasible to modify them for compatibility. Although market research has identified numerous sources that manufacture shipping/storage containers, due to the unique military application and proprietary design, there are no existing commercial items available that can be purchased or modified to meet the Government’s requirement.

Raytheon owned the data rights and was identified as the only known source in the system for the repair and manufacture of these ISOPODs. However, Raytheon transitioned their ISOPOD line to Will-Mann Inc. giving Will-Mann Inc. all technical rights and data for production.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION

This is not a commercial item. The systems performance is critical to successful storage and shipment of the 031 Antenna. The Government’s need cannot be met by any other source than the approved sources.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION

See Section VI above.

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE MAKING SUBSEQUENT ACQUISITIONS FOR THE SUPPLIES OR SERVICES REQUIRED As indicated above, the results of the study/analysis indicates it is not cost effective to attempt to qualify new sources on these particular items under the cited conditions. Also, considering the near-term replacement of this radar, the government will not make an attempt at this time to acquire the engineering data. Individual situations/items will continue to be reviewed to insure the acquisition meets the stated criteria.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that he has determined this document to be both accurate and complete to the best of his knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.