JandA - Sonobuoy Storage Rack - Navy_Redacted_6202025.pdf

4. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

This acquisition will be conducted under 10 U.S.C. 3204(a)(4) and the authority of FAR 13.106- 1(b)(2), soliciting from a single source, and in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services, which allows the use of simplified acquisition procedures for the purchase of commercial products and services in amounts greater than the simplified acquisition threshold but not exceeding $7,500,000. The Sonobuoy Storage Racks meet the definition of a commercial product in accordance with FAR 2.101 as this is an item generally available for the public in the commercial marketplace.

For sole source purchases exceeding the simplified acquisition threshold, the requirements at FAR 13.501(a) apply. The need for a sole source requirement is justified in writing utilizing the format at FAR 6.303-2 properly modified to reflect that the procedures at FAR 13.5 were used in accordance with 41 U.S.C. 1901. This justification will be approved at the levels specified in accordance with FAR 13.501(a)(2)(ii) and posted to SAM.gov within fourteen (14) days of contract award in accordance with FAR 13.501(a)(1)(iii).

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE

AUTHORITY CITED

The P-8A Poseidon aircraft, modified from the , is the maintaining, repairing, and implementing new aircraft capabilities to the P- 8A fleet for operational use. Arnprior is the sole designer, developer, and manufacturer of the Sonobuoy Storage Racks for use in the P-8A and does not have any authorized distributors. The acquisition of the Sonobuoy Storage Racks is intended to enhance their P-8A Poseidon aircraft fleet to effectively maintain and repair their fleet for operational use. Arnprior will be delivering parts identified in Section 3 of this document. Arnprior understands and is prepared to meet the critical role of providing these parts to maintain Mission Critical Rates for the Department of the Navy assets.

The United States Naval Air Systems Command (NAVAIR) PMA 290 has a fully implemented and funded for the supply of P-8A Poseidon Sonobuoy Storage Racks.

Awarding any other source would disrupt ongoing P-8A production by delaying the delivery of qualified and properly integrated Sonobuoy Storage Racks to the P-8A production line. Each component added into the P-requirements. The timeline to compete and qualify a second source to fulfill the P-8A production weapons system requirements is estimated to be approximately three years.

6. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS

REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS

ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE,

INCLUDING IF A NOTICE WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2

The market research conducted by the Contracting Officer and information submitted by the customer for review indicates that only one (1) source is available. Additionally, the Contracting Officer posted a notice of proposed contract action on October 17, 2024, to SAM.gov, in which the Government intends to solicit and negotiate with only one (1) source; and no response was received. The notice was open for seven (7) days.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Because this requirement is being sole sourced, the Government will be utilizing at least two (2) price analysis techniques outlined in FAR 13.106-3(a)(2) by which to determine pricing submitted by Arnprior to be fair and reasonable. These techniques include, but are not limited to the following:

Market research

Comparison of the proposed price with prices found reasonable on previous purchases

Comparison to an independent Government estimate

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED

Market research was conducted in accordance with FAR Part 10 to determine the availability of provided by the Client, a Notice of Intent (NOI) to negotiate with one source was posted on SAM.gov on October 17, 2024, for a period of seven (7) calendar days to ascertain industry interest in the requirement. The NOI closed on October 24, 2024 and no responses were received. An email to Arnprior revealed that they can provide direct support to the Government for NAVAIRs requirement. Other basic internet searches were performed and based on all of the market research, the Contracting Officer determined that only Arnprior is fully capable of meeting the Governme could be found that can provide the required P-8A Sonobuoy Storage Racks. Arnprior also stated that they do not have any distributors for the Sonobuoy Storage Racks.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

All facts supporting this justification have been provided above.

10. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN

INTEREST IN THE ACQUISITION

As stated above, the P-8A Sonobuoy Storage Rack provided by Arnprior is the only product that has been thoroughly tested and determined to meet the Government's needs. There were no responses to the Notice of Intent that was posted or inquiries submitted by industry concerning

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED

Increasing concerns have emerged regarding potential barriers to competition when access to design, knowledge, and technical data is required. However, Arnprior is currently the only eds. Prior to any subsequent procurement, the Government will once again review the market using various methods to assess whether any other qualified sources are available and are able to meet the Government's requirements.

12. TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the supporting data under my cognizance, which is included in this justification, is accurate and complete to the best of my knowledge and belief.

Date

13. CONTRACTING OFFICER CERTIFICATION AND APPROVAL

The Contracting Officer has determined this procurement meets the circumstances described in FAR 13.106-1(b)(2), soliciting from a single source for purchases exceeding the simplified acquisition threshold and that the appropriate actions were taken under this acquisition to meet the conditions described in FAR Subpart 13.501, Special documentation requirements. The information contained in this justification is accurate and complete to the best of the Contracting Officer's knowledge and belief.

Date

Contract Specialist