J&A_1650041_Martin_Baker_Inert_Redacted.pdf

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

12/10/2015

X

Program Manger, AFLCMC / EBHJ Signed by:

12/10/2015

X Contracting Officer, AFLCMC / EBHKB Signed by:

12/9/2015

X

Legal Reviewer, 75 ABW/JA Signed by:

12/11/2015

X

Competition Advocate, AFSC OL_H/PZC Signed by:

Choose the funding level for this J&A Document:

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

Contracting Activity: AFLCMC / EBHKB

Purchase Request / Local ID Number: FD2020-16-50041

US Air Force (USAF) T-38C Aircraft; Time Delay Unit; Interseat Sequencing Valve;

Program / Project (and PE, if applicable): B.T.R.U. Assembly; Timer Assembly, Auto Backup; I.M.P. Assembly, Rocket Motor;

Restrictor, G Assembly; I.M.P. Assembly D.D.U

Program Type (PEO or Other Contracting): PEO – non ACAT

Authority (include full title): 10 U.S.C 2304(c) (1), as implemented by FAR6.302-1, Only One Responsible Source

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

COORDINATION (A F F A R S 5 3 0 6 . 3 0 4 ( a) )

APPROVAL (A F F A R S 5 3 0 6 . 3 0 4 ( a) )

I. Contracting Activity.

United States Air Force (USAF)

AFLCMC/EBHKB

6033 Elm Lane, Bldg 1247 Hill AFB UT, 84056-5805 Contracting Officer: Glen Munk

DSN: 777-6503

PR Number: FD2020-16-50041

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

A. Upon approval to use other than full and open competitive procedures, the USAF will issue a new contract(s) to procure the items listed in Section III below for use in the egress system in USAF T-38C Aircraft:

Martin Baker Aircraft Co LTD (MBA) Lower Road Uxbridge, UB9 8AJ United Kingdom CAGE Code U1604

B. Contract Type & Structure: A new supply contract to procure an estimated quantity of 650 units with an anticipated Firm-Fixed-Pricing arrangement will be issued. The estimated award date will be Apr 2016

C. Estimated value is

D. Type J&A: Individual

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

A. Under the contemplated contract, MBA will provide the following supplies; Time Delay Unit; Interseat Sequencing Valve;

Barostatic Time Release Unit (B.T.R.U.) Assembly; Timer Assembly, Auto Backup; Initiator Multi-Purpose (I.M.P.) Assembly, Rocket Motor; Restrictor, G Assembly; I.M.P. ASSEMBLY Drogue Deployment Unit (D.D.U) are part of the T-38C egress systems. This Federal Stock Class includes safety-in-flight explosive items consisting of a quantity of propellant (either encased in a cartridge or in molded form) and means of activation, designed to be inserted into or attached to one or more devices to provide the energy required to operate devices requiring a time delay, or not requiring a time delay in their operating sequence. The below listed components perform aircraft specific functions that allow the aircrew emergency egress should an ejection event occur.

L/I NSN Noun USAF Est Est Unit Est Total FY16 Qty Price 1 1377995515209ES Time Delay Unit 100 2 1377991480709ES Interseat Sequencing Valve 50 3 1377991754941ES B.T.R.U. Assembly 100 4 1377991348145ES Timer Assembly, Auto Backup 100 5 1377998186424ES I.M.P Assembly Rocket Motor 100 6 1377992130855ES Restrictor, G Assembly 100 7 1377993211280ES I.M.P. Assembly D.D.U. 100 8 Data LATR, ATP, FAR/CAR 1 NSP 9 Data ADC 1 NSP

TOTAL

B. The period of performance will be from contract award (estimated Jan 2016) through estimated delivery of parts in December 2018. Approval request is for more than one fiscal year. There are no feasible actions that can be taken to promote competition during the period of the acquisition as described in Section V of this document.

C. Total Estimated Cost: . This estimated is based on history from contract FA821312C0016. This action is using appropriated 3011 funds.

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

10 USC 2304 (c) (1) as implemented by FAR 6.302-1, Only One Responsible Source.

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

A. The USAF minimum needs can only be provided by MBA because they are the only approved source that has demonstrated the unique design capability, manufacturing knowledge, or technical data required to manufacture these items. These parts are critical safety of flight components and require engineering source approval by the design control activity in order to maintain the integrity of the part and escape system. Therefore, this acquisition will be for continued production of highly specialized equipment.

B. MBA provided top level drawings for cataloging purposes only; cataloging is for assigning a National Stock Number (NSN). The United States Government (USG) has limited data rights. The last attempt to obtain the data from MBA was via email on 8 Sep 2015 by the program manager. MBA informed the USAF it is not willing to sell the government purpose data rights.

C. The Cartridge Actuated Device/Propellant Actuated Device Joint Program Office (CAD/PAD JPO) believes that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling USAF requirements.

1. The estimated cost to reverse engineer the items in Section III is and would take approximately four years to complete. The USAF has limited service returns assets to provide interested potential second source suppliers for reverse engineering activities. Potential second source would need to self-invest in order to become a qualified source.

2. Based on a CAD/PAD JPO twenty five year history of qualification programs, a typical qualification process can take three to four years to complete. Reverse engineering of similar components used in the ACES II & Northrop ejection seat took 9 months to determine overall dimensions, explosive material, and entire sub-component assemblies. In addition to ensure proper configuration management of the new part, the establishment of engineering drawings needed to produce a reproducible part took an additional 9 months. It would take 18 months to reverse engineer and minimum of 36 months to qualify a new supplier. In addition, during initial production, all vendors must submit an inert fit check unit which much be installed on actual platform to ensure their preliminary design does not have any interference or configuration problems in the overall system interface. This process normally results in a 15-20 percent redesign effort that results in a fit check unit that will be acceptable. Delay in awarding this contract could put the USAF in a non-support status resulting in the use of items in Section III outside the service life which may cause catastrophic results to the aircrew.

D. Accordingly, MBA is the only firm capable of providing the items described in Section III above without the USAF experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

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

A. Sources Sought Synopsis: A Sources Sought Synopsis FD2020-16-50041 was posted to FEDBizOps (FBO) 12 Nov 2015 and closed 30 Nov 2015 requesting information to identify potential sources possessing the engineering and manufacturing knowledge for items identified in Section III above used on T-38C Aircraft. No Responses were received.

B. This requirement will be synopsized in the FBO as a Notice of Contract Action IAW FAR 5.201. All sources that request a solicitation will be provided one. If other interested sources express interest as a result of this synopsis or other action, they will be listed in the official contract file.

C. Other Actions: None

D. Qualifying Country Sources: None

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

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable.

The Contracting Officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) under Part - 30 Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4

- Contract Pricing; to include technical evaluations and audits, as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The Contracting Office will obtain certified cost and pricing data IAW FAR Subpart 15.403 if the value of an individual contact exceeds $700,000. The Final Step is to include the Price Negotiation Memorandum (PNM). Detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

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

A. As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

B. Market research conducted IAW FAR Part 10 included a July 2015 query from the AFLCMC/EBHJ vendor base, industry summits and workshops, and SSS identified in Section VI Para A.

C. The items listed in Section III are not available commercially nor is any modified commercial item available that will meet the government's requirement. However this requirement is a non-developmental item (NDI) and will satisfy the government need at this time.

D. The current T-38C Integrated Product Teams revealed that MBA is the only vendor that currently has all of the required data and claims rights to the data needed to produce the items identified in Section III.

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

None.

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

See Section VI above.

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.

The Government will continue to pursue the government purpose data rights, in addition to researching other sources whom may be able to compete.

XII. Certification by the Contracting Officer.

The contracting officer's signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief (FAR 6.303-2(b)(12)).

XIII. Certification by the technical/requirements personnel.

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete (FAR 6.303-2(c)).