Brand Name Justification (redacted) Purchase of Airbus A321 JA-TEN-20-109 3.6.2020.pdf

Control #: JA-Ten-20-109 Equipment: Airbus A321 Narrow-Body Aircraft

Version – March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – BRAND NAME JUSTIFICATION AND APPROVAL

Program/Equipment: This Firm Fixed Price Purchase Order will provide the acquisition and delivery of a commercial narrow-body aircraft test fixture in support of US Army Aberdeen Test Center (ATC) at Aberdeen Proving Ground, MD. The requirement is a BRAND NAME specific for one pressurizable Airbus A321-(any sub series) narrow-body aircraft in passenger configuration for destructive testing.

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: $XXXXX

Contracting Officer: XXXXX Phone:

Contracting Officer Date: 28 Feb. 2020 Email:

Technical: XXXXX Phone:

Test Officer/Mechanical Engineer Date: 25 Feb. 2020 Email:

Requirements: XXXX Phone:

Chief, TDSS Branch, ATC S/LD Date: 25 Feb. 2020 Email:

Reviews: I have reviewed this justification and find it adequate to support a Brand Name acquisition.

Program Manager: XXXX Test Officer/Mechanical Engineer Phone:

Signature:

Legal Counsel:XXXX Phone:

Signature:

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Brand Name Justification and Approval

1. Contracting Activity: Army Contracting Command - Aberdeen Proving Ground Tenant Division (ACC-APG TD) 6565 Surveillance Loop, APG, MD 21005.

2. Description of Action: U.S. Army Aberdeen Test Center requests a commercial BRAND NAME ONLY acquisition of one pressurizable Airbus A321-(any sub series) narrow-body aircraft in passenger configuration for destructive testing. The resulting award will be Firm Fixed Price Purchase Order and will utilize Research, Development, Test & Evaluation funds. The Government projects award for August 2020 and fiscal year 2020. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)B).

3. Description of Supplies/Services: Aberdeen Test Center (ATC) directly supports XXXX commercial aircraft vulnerability testing, as established by Interagency Agreement (IA) XXXXX. Specifically, the IA outlines that ATC will acquire wide-body and narrow-body commercial aircraft most representative of the current fleet for full-scale, pressurized, explosive vulnerability testing. In order for vulnerability testing to be performed, ATC requires the purchase one (1) commercially available, BRAND NAME ONLY, Airbus A321 (any subseries) aircraft.

The total estimated value for this acquisition is $XXXXX in accordance with IGE.

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization X Other: Brand Name Only

5. Reason for Authority Cited: The U.S. Department of XXXXX Directorate of Science and Technology (S&T) is committed to using cutting-edge technologies and scientific talent in its quest to make America safer. The XXXX is tasked with researching and organizing the scientific, engineering, and technological resources of the United States and leveraging these existing resources to develop technological tools to help protect the homeland. XXXXX is committed to protecting the homeland, its infrastructure, and its citizens from threats. The U.S. Army Aberdeen Test Center (ATC) at Aberdeen Proving Ground (APG), Maryland is a Major Range and Test Facility Base operating under the guidance of the Department of Defense. Through Interagency Agreement (IA) XXXXXX with an expiration date of 01 December 2020, ATC is required to acquire and conduct commercial aircraft vulnerability testing in support of XXXXXX Division Commercial Aircraft Vulnerability (CAV) mission. Specifically, the IA outlines that ATC will acquire narrow-body commercial aircraft that represents the most commonly used commercial transport aircraft fleet in order to perform full-scale, pressurized, explosive vulnerability testing.

Version – March 2017 FOR OFFICIAL USE ONLY

It is paramount to XXXXX and the objectives of the CAV mission to collect and evaluate the results of destructive testing and the impact that skin thickness, chemical milling processes, construction materials, and configuration of frame structure, arrangement of seats, and fixtures within the aircraft has on aircraft vulnerability and public safety. Since 2001, ATC on behalf of XXXX has tested the McDonnell Douglas DC10 aircraft, Airbus A300 aircraft, Airbus A320 aircraft, and Boeing 737 aircraft, and continues on-going tests on the Boeing 757 aircraft, Boeing 767 aircraft, Boeing 777 aircraft, and Boeing 747 aircraft cargo sections. In consideration of past data and the current commercial passenger aircraft fleet breakdown by manufacturer and model, XXXX has test data on 73.8% of the current commercial narrow-body aircraft fleet in the US and 80.17% of the current commercial narrow-body fleet outside of the US. The Airbus A321 model comprises a 12.76% portion of the commercial narrow-body aircraft fleet in the US and a 11.51% portion of the commercial narrow-body aircraft fleet outside the US. The Airbus A321 aircraft model represents the largest remaining percentage of aircraft usage for which XXX has no test data. IAW the IA and XXXXX guidance, procuring the Airbus A321 is the next imperative step in combating the existing and growing terrorist threats to US civil aviation targets. Only the Airbus model A321 aircraft will achieve the accurate and valid testing results necessary to provide uninterrupted and complete data for this portion of the commercial aircraft vulnerability test program.

Airbus is the sole designer and manufacturer of the Airbus A321 and holds all proprietary rights to the aircraft. There are specific design elements that the A321 possesses that make it uniquely different from other narrow-body aircraft. The A321 includes a stretched fuselage, wing modifications, and a different door configuration with a reinforced fuselage and undercarriage as compared to the Airbus A320 aircraft. Additionally, the A321 has exclusive windows, overhead storage, and paneling that create a uniquely different threat standoff profile compared to the other narrow-body aircraft tested as detailed in the previous paragraph.

If an Airbus A321 aircraft is not purchased, ATC would fail in satisfying the requirements set forth in the IA. It is essential to test the airframe section of the Airbus A321 model to maintain continuity of ongoing testing currently underway at ATC on other narrow-body aircraft as described above. Use of another aircraft brand or model would prevent a significant data gap regarding the vulnerabilities of a significant portion of the commercial passenger aircraft fleet in service today from being filled. This lack of data greatly diminishes XXXXX ability to meet mission objectives resulting in incomplete information with which to make critical national security decisions regarding establishment and/or refinement of threat detection and survivability of commercial airliners and the Airbus A321 in the face of existing and growing terrorist threats to US civil aviation targets.

6. Efforts to Obtain Competition: Market research was conducted collaboratively between the requiring activity and the contracting office to identify all possible sources for this requirement. Result indicated that there is a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery to perform this requirement. It is therefore reasonable to anticipate adequate competition amongst Small Business Concerns

Version – March 2017 FOR OFFICIAL USE ONLY represented by NAICS Code 336411. Solicitation will be posted thru the GPE Beta.Sam and will be a Total Set-aside to Small Business Concerns. The Contracting Officer shall publish the notices as required by FAR 5.201.

7. Actions to Increase Competition: The extent of competition for this requirement is defined by XXX CAV testing policy. Competition for future efforts will be determined by XXX CAV testing policy in future IA modifications. However; the Army will continue to make every effort to compete these type of requirements to the maximum extent practicable by involving all available industrial entities to include manufacturers, distributors, airlines, etc. Ensuring widest dissemination among these entities will ensure maximum possibility of competition and cost savings for the Government.

8. Market Research: Extensive market research was conducted collaboratively in accordance with FAR Part 10 by the requiring activity Technical POC and the Contracting Office to determine the most common aircraft models in use, which is a primary justification for the solicitation of only the Airbus A321 model for this requirement as determined by XXX. As detailed previously, the Airbus A321 model comprises 12.76% of the commercial narrow-body aircraft fleet in the US and 11.51% of the commercial narrow-body aircraft fleet outside the US, which is the largest remaining percentage of narrow-body aircraft usage for which DHS has no test data. Other aircraft manufacturers’ similar products do not meet and cannot be modified to meet XXX requirements. Furthermore, thorough market research conducted from September 2019 to October 2019 verified that there are several vendors capable of fulling and interested in this requirement demonstrating the potential for robust competition. Communication with these vendors and a review of current market availability has allowed the Government to collect preliminary pricing data so the estimated cost for this acquisition could be developed. It has been confirmed that there is general availability of fuselages meeting the listed testing requirements for the Airbus A321. It has been determined through market research that the BRAND NAME ONLY acquisition of the Airbus airframe model A321 fuselage is imperative to the testing requirements and in the best interest of the Government and to best support the mission of the CAV Test Program. All research conducted has been meaningful, recent, and relevant to this procurement.

Market research techniques used:

• Contact with the requester and/or other knowledgeable people in Government and industry regarding the commercial nature of this requirement and standard industry practices in this area of supply/service.

• Historical acquisition information (review of recent market research results or recent contracts/purchase orders for similar or identical supplies/services).

• Personal knowledge in procuring supplies/services of this type.

• Review of Government and/or commercial databases for relevant information.

• Review of Internet resources.

Based on the market research conducted, since there are two or more Small Business Concerns identified it will be advantageous for the Government to procure this requirement competitively as a Total Small Business Set-Aside. A Non-Manufacturing

Version – March 2017 FOR OFFICIAL USE ONLY

Rule Class Waiver for NAICS Code 336411 issued by the Small Business Office is listed in the NMR Class Waiver List.

9. Interested Sources: There are several small business vendors interested in and capable of fulfilling this requirement. This procurement shall be synopsized as required by FAR 5.201, and the synopsis will be posted on the Governmentwide Point of Entry

(GPE).

The following Small Business Concerns were identified as potential offerors.

(1) XXXX

(2) XXXX

(3) XXXX

(4) XXXX

(5) XXXX

10. Other Facts: Purchase Orders XXXXX (award date 31 May 2018) for $XXXX XXXX (award date 2 Aug 2013) for $XXX and XXXX (award date 23 Jul 2013) for $XXXXX have supported similar acquisition although different airframe models, of Boeing commercial aircraft requirements. None of these procured aircraft was an Airbus A321.

All of these contract actions were acquired as BRAND NAME ONLY requirements and were competitively solicited and awarded to small business concerns.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

XXXXXt Test Officer/Mechanical Engineer Signature:

Us Army Aberdeen Test Center Date:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

XXXXX Signature:

Chief, TDSS Branch, Date:

Us Army Aberdeen Test Center ATC S/LD

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

Version – March 2017 FOR OFFICIAL USE ONLY

This determination will be made using the following: X price analysis cost analysis X IGE audit: other:

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

XXXXX Signature:

Contract Specialist Date:

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

XXXXXX Signature:

Contracting Officer Date:

Approval

Based on the foregoing justification, I hereby approve the procurement of Airbus A321 Aircraft on a brand name only basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

XXXXXX

Special Advocate for Competition

ACC-APG