20-0357 Collins - JA REDACTED1_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

J&A Number: 20-0357

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves a modification to the existing sole source contract, N00019-20-C-0016, with Collins Aerospace (formerly United Technologies Aerospace Systems (UTAS) and Hamilton Sundstrand), Windsor Locks, CT for the non-recurring engineering and support tasking associated with critical safety items for the T64 Fuel Control (Part Number JFC42-1) under the CH-53E Engine Reliability Improvement Program

(ERIP).

3. Description of Supplies/Services.

This J&A will cover the design support activity for critical safety items associated with the T64 Fuel Control (P/N JFC42-1) procurement.

The total estimated value of this action under this J&A is approximately $3M, based on program office estimates and the President’s Budget (PB) 21, and is anticipated to be funded by the fiscal years and appropriation below:

APPN FY19 TOTAL

APN-5 $3,000,000 $3,000,000

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Collins Aerospace (formerly United Technologies Aerospace Systems (UTAS) and Hamilton Sundstrand) has been the sole source designer, developer and manufacturer of the T64 Fuel Control (P/N JFC42-l). Collins is the only source with the requisite skilled personnel and the proprietary data to perform the requirement stated herein. The Government does not possess a

J&A Number: 20-0357 sufficient technical data package to compete this requirement. Additionally, the Government has requested Collins to provide or sell the data rights and to date, the Contractor is unwilling to provide the required data.

Per FAR 6.302-l(a)(2)(ii)(A), costs incurred by the Government from a T64 Fuel Control redesign and redevelopment effort would result in substantial duplication of costs not expected to be recovered through competition. The Government estimates that an award to a source other than Collins would result in approximately $9.5M of duplicative costs to develop, integrate, and test the T64 Fuel control design. Additionally, per FAR 6.302-1(a)(2)(ii)(B), the Government would encounter unacceptable delays in fulfilling the requirement should a new fuel control be pursued. The Government estimates that it would be two years to qualify another source. As a result, Collins is the only responsible source capable of providing supplies and/or services to satisfy the Government's requirements.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

In accordance with FAR Part 5.204(c), a Request for Information/Sources Sought notification was released on the beta.SAM.gov (SAM) website on 17 June 2020. There were no responses. In accordance with FAR Part 5.201, a pre- solicitation notice was posted to FedBizOpps website on 7 July 2020 and closed on 22 July 2020. No responses were received. Any responses from interested sources will be evaluated by the Contracting Officer prior to contract award.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. Analysis of the proposals will be performed by technical analysts and contract specialists, with the assistance of Defense Contract Management Agency (DCMA) analysts and Defense Contract Audit Agency (DCAA) auditors, as needed. The Contracting Officer will analyze the various cost elements that are presented in the proposal. The Contracting Officer will use Government expertise, including DCMA, DCAA, the PMA, and other Government resources, to evaluate the proposal’s material, labor positions and subcontract positions. A detailed report developed as part of the Government evaluation will be utilized to establish a NAVAIR position. DCMA does not currently have a Forward Price Rate Agreement with Collins Aerospace; therefore, the Contracting Officer will work with DCMA and DCAA to establish a rate position, to include escalation, for negotiation of contract actions. As discussed in this paragraph, the Contracting Officer will use cost and price analysis as the basis for negotiating a fair and reasonable price for the supplies and support covered by this J&A.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, the Government has no plans at this time to compete future contracts for the supplies and services covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.

J&A Number: 20-0357

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL/REQUIREMENTS COGNIZANCE:

Telephone Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Telephone Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Telephone Date

SENIOR PROCUREMENT EXECUTIVE APPROVAL

Upon the basis of the above Justification, I hereby approve the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

Date