CJA_20-0508_CH53K BOA Redacted.pdf

C&JA 20-0508

effort and meet the USMC Heavy Lift requirements. A delay of this magnitude is unacceptable as it would impact the replacement of the aging CH-53E Heavy Lift aircraft and significantly degrade the readiness of the USMC in support of their national mission tasking.

Sikorsky was the Original Equipment Manufacturer (OEM) of the legacy H-53 fleet. , . Sikorsky was awarded a sole-source SDD contract in 2006 as a major design change to the legacy CH- 53E, resulting in a new CH-53 series helicopter, the CH-53K. Since inception of the program in 2005, (formerly known as the Heavy Lift Replacement (HLR) Program), Sikorsky has been the sole designer, developer and manufacturer of the CH-53K weapon system. Sikorsky is the only known responsible source possessing the requisite knowledge, technical expertise, special skills, technical data, facilities and experience to complete development, integration, and production of the CH-53K to meet USMC requirements within the required time frame. In addition, Sikorsky is the only source qualified to successfully complete the tasking described in paragraph 3. The Government has pursued the procurement of a technical data rights license necessary for competition in support of engineering change proposals, obsolescence issues, non-recurring engineering, integrated logistics support and production support with Sikorsky. To date, Sikorsky has not been willing to provide a CH-53K data rights license to the Government that would enable a competitive acquisition of these efforts. Considering the absence of data required for competition and experience with the CH-53K, Sikorsky is the only in the required timeframe.

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

Market research was conducted for the proposed effort via a Sources Sought notice posted to beta.SAM.gov (SAM) website on 3 August 2020; there were no responses. As such, in accordance with FAR Part 5.201, a pre-solicitation notice was posted on 24 August 2020 to SAM; there were no responses. In accordance with FAR 5.201, a Pre-Solicitation Notice for each task or delivery order will be individually posted to SAM. Responses from interested sources will be evaluated by the Contracting Officer prior to contract award. Additionally, parties interested in subcontracting opportunities will be referred to Sikorsky to maximize competition in subcontracted efforts.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer shall ensure that all supplies and support are procured at fair and reasonable prices. 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 proposals and review actuals from previous procurements. The Procuring Contracting Officer (PCO) will use Government expertise, including DCMA, DCAA, the program office and other resources as needed, to evaluate the proposal material, labor, and subcontract positions. A detailed report developed as part of the Government evaluation will be utilized to establish a NAVAIR position. The Government will utilize the recommended rates from DCMA Forward Pricing Rate Recommendation(s) (FPRR) and will utilize DCMA recommended rates until a Forward Pricing Rate Agreement (FPRA) is achieved between DCMA and Sikorsky. As

C&JA 20-0508

discussed in this paragraph, the PCO will use cost and price analysis for the basis of negotiating a fair and reasonable price for the supplies/support covered by this CJ&A.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVAIR has no plans at this time to compete future contracts for the requirements covered under this CJ&A. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.