J_ _A_--_FA8126-16-M-0097_--_B52_Crown_and_Connect_Stands.pdf

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

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

< $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: AFSC/PZIMA

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable):

Program Type (PEO or Other Contracting): B52 CROWN AND CONNECT STANDS

Authority (include full title):

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

04 Jan 2016

Contracting Officer Adam P. Nicholas

AFSC/PZIMA 739-5194

Date Project Lead / Program Mgr / Requiring Activity

APPROVAL (AFFARS 5306.304(a) )

Date

04 Jan 2016

Contracting Officer

Adam P. Nicholas

AFSC/PZIMA 739-5194

Date Program Manager

I. Contracting Activity.

AFSC/PZIMA

II. Nature and/or description of the action being processed.

76 AMXG would like to procure two (2) sets of Crown Skin Stands, (two (2) left and two right); two (2) sets of CONECT Stands, (two (2) left and two (2) right), and two (2) Aluminum Flight Deck Access Stands exactly like the most current version built and/or modified by DAE.

III. Description of supplies/services required to meet agency needs.

This request is for the purchase of two (2) sets of Crown Skin Stands, two (2) left and two (2) right, exactly like the most current version built and/or modified by DAE. Two sets of CONECT Stands, two (2) left and two (2) right, exactly like the most current version built and/or modified by DAE. Two (2) Aluminum Flight Deck Access Stands, exactly like the most current version built and/or modified by DAE. Funds have been approved and provided by the CONECT MOD Program from the SPO at Wright Patterson AFB.

IV. Statutory authority permitting Other than Full and Open Competition.

The authority for this action is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a), required by FAR 6.303-2(b)(12), Application for sole source descriptions. IAW AFMC MP5306.304, the approval level for sole source is the Contracting Officer.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

DAE Industries engineered, designed and built the prototype stands that are currently in use and they already have all the dimensions, specifications drawings and dimensions for the stands. B-52 production is in need of these stands as quick as possible to avoid production delays to the aircrafts. DAE Industries is the only solution for a quick turnaround time for these stands to avoid impacting the production schedule. They own the proprietary data rights and are not willing to sell them to the government.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

AW FAR 5.203(a)(2) and FAR 5.203(b), the requirement will be posted to FedBizOps as a sole source proposal. The requirement will be synopsized for a maximum of 15 days and the solicitation will be posted for a maximum of 30 days on the FedBizOps website. This requirement is for a sole source acquisition for the B52 Crown and Connect Stands. The requirement will be sole sourced to DAE Industries.

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

The Contracting Officer will ensure the items identified for procurement are fair and reasonable prices to the Government.

The contract will be awarded IAW FAR Parts 12 and 15. Price analysis will be performed based on competitive prices provided by authorized distributors and comparison to recent historical prices paid by the Air Force for same or similar items.

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

AW Far 10.001(a)(2), market research has revealed these items are commercial as defined in FAR 2.101.

Methods used to complete the Market Research involved talking to Vendor about previous stands built for Tinker AFB. All proprietary data is owned by DAE Industries.

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

It was determined after searching known markets that there is only one company DAE Industries, which can meet the requirements of this contract. DAE Industries retains all the data rights to the B52 Crown and Connect Stands and will not sell them.

X. List of sources, if any, that expressed interest in the acquisition.

DAE Industries 501 S. 15th Street Louisville, KY 40203-1458 Cage Code:6F2Z6

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

As of now DAE Industries retains all the data rights to this equipment and will not sell them. The Government will continue to research the market for another acceptable vendor. We will continue to address procuring data rights with engineering to support, repair and build the B52 Crown and Connect Stands in the future.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.