JA Signed_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

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Air Force experiencing unacceptable delays in fulfilling its requirements.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

On April 30, 2024, a Sources Sought Synopsis (SSS) was posted on SAM.gov under the reference number FA8117-24-SS-0014 with a response date of May 30,2024. The SSS, which included the NSN, part number, and BEQ requested information pursuant to FAR Part 10 in support of market research to identify potential sources for repair of the subject NSN. No interested vendors responded. The Government will continue to utilize resources and manpower to remove barriers that prevent full and open competition. Therefore, IS&S is the only approved source as outlined on the Contract Repair Screening Analysis Worksheet (762).

In accordance with FAR 5.201, this requirement shall be synopsized in https://SAM.gov/ website as a notice of proposed contract action. The expected date of publication is February 4, 2025.

A request for a Rough Order of Magnitude (ROM) to purchase the necessary technical, manufacturing, and maintenance data rights was submitted to Innovative Solutions and Support Inc. on June 13, 2024. Innovative Solutions and support Inc. has not provided a response to date. Non-response is considered a decline to sell data rights. The government was unable to obtain IP rights or deliverables under the previous or current contract. If data rights were able to be purchased, a cost analysis study with an examination of repair/manufacture data rights along with obsolescence and tooling requirements would need to be performed to verify if it is cost effective to purchase the rights.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will ensure that the items described herein are negotiated at a fair and reasonable price to the Government. IAW FAR as supplemented, the contractor will be required to submit Other than Certified Cost or Pricing Data. A detailed cost analysis and price analysis will be performed. The Contracting Officer will request a technical evaluation from the Defense Contract Management Agency (DCMA) to aid in the evaluation of the contractor’s proposal if necessary. The Contracting Officer will seek audit assistance from the Defense Contract Audit Agency (DCAA) if necessary.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research, IAW FAR 10, was conducted by a multi-functional team consisting of the Supply Planner, Equipment Specialist, Logistics Officer, and Engineer. Market Research was conducted via the Internet along with phone calls that were conducted on July 31, 2024. Searches in multiple government databases and commercial websites; Parts Manufacturer Approvals (PMA) and HAYSTACK were made. Due to the complexity and criticality of the item, only pre-approved sources meet Air Force requirements. Further, this requirement cannot be modified nor be satisfied with a non-development item that is commercial off the shelf. Market research did not reveal any other qualified sources available to fulfill the requirement.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

The development of overhaul procedures without the requisite data and/or technical manuals is not possible without extensive and costly reverse engineering. The Government does not possess the experience or historical data to estimate costs with any degree of specificity, but we anticipate that developing an overhaul capability for these parts without any releasable data would be a very high risk endeavor.

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

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IX. List of any sources that expressed, in writing, an interest in the acquisition.

Innovative Solutions and Support, Inc. CAGE: 0EUW0 720 Pennsylvania Dr Exton, PA 19341-1129 Phone: 610-646-9800

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

As a result of continued refusal by the sole source contractor to provide or license data as well as unacceptable delays of developing additional sources per Sections IV and VIII, there are no known additional actions which can be taken to remove barriers to competition and therefore, specific actions and milestones cannot be established. Per PGI 206.304(a)(S-70)(ii)- As indicated by signature on the Coordination and Approval Document, the previous J&A has been reviewed and the Approval Authority determines that no actions to remove barriers to competition were available.

XI. Certification by the Contracting Officer.

As evidenced by their signature, the contracting officer certifies that this justification is accurate and complete to the best of their knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.