SOLICITATION NOTICE
53 -- Hardware and Abrasives
- Notice Date
- 3/28/2011
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 336413
— Other Aircraft Parts and Auxiliary Equipment Manufacturing
- Contracting Office
- DEPARTMENT OF THE AIR FORCE; 748 SCMG/PKB AFGLSC;6050 GUM LANEBLDG 1215; HILL AIR FORCE BASE; UT; 84056-5825
- ZIP Code
- 84056-5825
- Solicitation Number
- FA8251-11-R-80121
- Response Due
- 3/17/2011
- Archive Date
- 4/21/2011
- Point of Contact
- Leah G. Clark, Phone: 8017779346
- E-Mail Address
-
leah.clark@hill.af.mil
(leah.clark@hill.af.mil)
- Small Business Set-Aside
- N/A
- Award Number
- FA8224-09-G-0002-QP29
- Award Date
- 3/22/2011
- Description
- JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION I. CONTRACTING ACTIVITY: United States Air Force 748 SCMG/PK 6050 Gum Lane, Bldg 1215 Hill AFB UT 84056-5825 Contracting Officer: Sheela Casper DSN: 777-5373 PR Number: FD2020-11-80121 II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED: A. Upon approval to use other than full and open competitive procedures, the Air Force will issue a new contract to procure brake wear pins, P/N 5012806 for the C130 Aircraft, which is used by the United States Air Force, Navy, Coast Guard, and FMS countries from: Meggitt Aircraft Braking Systems, 1204 Massillon Road, Akron, Ohio 44306-4186, CAGE Code 0B9R9. B. Contract Type & Structure: A spares contract to procure a total quantity of 6,866 each with an anticipated Firm-Fixed-Pricing arrangement will be issued. The estimated award date 28 FEB 2011, with performance and delivery expected through SEP 2011. C. Type J&A: Individual III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS: A. The requirement is to procure 6,866 ea, NSN 5315014648654LE C-130 brake wear pin replacement spares at an estimated unit cost of $. The Wear Pin Indicator is used to help determine when to replace brakes. Absent the wear pin, the C-130's multiple disk brake becomes unserviceable which, in-turn, renders the aircraft inoperable. B. Total estimated cost is: $. This estimate is based on USAF mission requirements as computed by the D200 Requirements Determination System. This action will use 4930 FC04 appropriated working capital funds. IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION: 10 USC 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 AUTHORITY CITED ABOVE (APPLICABILITY OF AUTHORITY): A. The above authority was selected because the requirement is for highly specialized equipment/services and the government estimates award to any other vendor would result in a substantial duplication of cost to the government that is not expected to be recovered through competition. B. Manufacture of this item is highly specialized as the government does not own data and Meggitt Aircraft Braking Systems is the brake OEM. The last attempt to obtain data was by 417 SCMS/GUMC, on 1 November 2010. Meggitt Braking Systems declined to provide or sell the government the necessary data. C. Accordingly, Meggitt Aircraft Braking Systems is the only firm capable of providing the supplies and services described in Section III above without the government experiencing a substantial duplication of cost that could not be expected to be recovered through competition. VI. DESCRIPTION OR EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE: A. Sources Sought Synopsis: A source sought synopsis was issued 03 DEC 2010, FD20201180121, requesting interested contractors that the government intends to procure 6,866 each Landing Gear C130 Wear Pins from Meggitt Aircraft Braking Systems in Akron, OH. The engineer through the buyer requested the companies contact their local source development office to formally request an example article. If and/or when the companies have qualified as additional sources they will be added to the 761. Based on the above responses no other qualified manufacturer source is available and competition remains limited. B. This requirement will be synopsized in FedBizOpps, as a notice of contract action IAW FAR 5.201. If other sources express interest as a result of this synopsis or other action, they will be listed in the official contract file. C. Other actions: none D. Qualifying Country Sources: none VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE: The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting Officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) under Part 30 - Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4 - Contract Pricing; to include technical evaluations and audits, as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The Air Force will obtain certified cost and pricing data IAW FAR Subpart 15.403, when required. The Final Step is to include the Price Negotiation Memorandum (PNM). This detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations. VIII. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED: A. Market research, conducted by the engineer, consisted of the following: 1. A technical discussion was held with the Military Program Manager of Meggitt Braking system on 22 February 2010. The feasibility of procuring data was addressed and the request was unsuccessful. Meggitt declined our written request, 2 November 2010, for procuring data. The declination received from Meggitt also stated that the technology required to design, test, and fabricate this item was developed at their expense. 2. Also in February 2010, a review of commercial catalogs and other product literature was completed. The review indicated no alternate commercial item, service, or non-developmental item (NDI), see FAR Part 2, will meet the requirement, nor can the requirement be modified to permit use of existing commercial items and /or services or NDIs IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION: A. The USAF has received written assertion from Meggitt that classifies the C130 brake technical data as proprietary and developed at private expense. The government has no documentation or reason to challenge these assertions; this is an industry standard condition. In no case and on no platforms does the government possess the data needed to procure these items, nor does the government posses the rights to this data. These claims of limited rights based on commercial item justifications are not to be challenged (below). It is a commonly understood in industry and in the military that wheel, brake and anti-skid manufacturers strictly limit the rights to their data and that these designs are proprietary. Per DFARS 227.7102: "Section 2320(b)(1) of Title 10 U.S.C. establishes a presumption that commercial item application are developed at private expense whether or not a contractor submits a justification in response to a challenge notice. Therefore, do not challenge a contractor's assertion that a commercial item, component, or process was developed at private expense unless the Government can demonstrate that it contributed to development of the item, component or process." B. Per DFARS 227.7102-2 the government may only procure data required to maintain the wheel and brake and this data may not be circulated to sources outside the government. The government is not allowed to procure new items or spare parts without the proper data rights. "(a) The clause at 252.227-7015, Technical Data--Commercial Items, provides the Government specific license rights in technical data pertaining to commercial items or processes. DoD may use, modify, reproduce, release, perform, display, or disclose data only within the Government. The data may not be used to manufacture additional quantities of the commercial items and, except for emergency repair or overhaul, may not be released or disclosed to, or used by, third parties without the contractor's written permission. Those restrictions do not apply to the technical data described in 227.7102-1(a). (b) If additional rights are needed, contracting activities must negotiate with the contractor to determine if there are acceptable terms for transferring such rights. The specific additional rights granted to the Government shall be enumerated in a license agreement made part of the contract. C. Therefore, per FAR 6.302-1 and as stated in AFFARS IG5306, and DFARS 227.71 only one source may supply this item. 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: A. No further action to overcome competitive barriers on this item because the current C130 brake will be phased out in the next two to four years in favor of a newer carbon brake. This item, which is used on the current brake, will gradually be phased out from that point on. XII. CONTRACTING OFFICER'S CERTIFICATION: The Contracting Officer's signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief (FAR 6.303-2(a)(12)). 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 (FAR 6.303-2(b)).
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-
FBO.gov Permalink
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- Record
- SN02411294-W 20110330/110328234812-a571f1d36a117dc0540c1eda2e4dd2a0 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
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