mb_inert_fy18_J&A_18-50234__red.pdf

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

Page 1 of 5Updated: 15 Mar 16

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: AFLCMC / EBHKB

Purchase Request / Local ID Number: FD2020-18-50234

Program / Project (and PE, if applicable):

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

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.; Housing, Booster Cartridge, Rear

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): $1,920,010.00 J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date Contracting Officer James Recker

AFLCMC/EBHKB / (801) 775-2099

Signature

Date

21 Sep 2017

Project Lead / Program Mgr / Requiring Activity Craig Harris

AFLCMC/EBHJ / (801) 586-9222

Signature

Date Local Legal Reviewer Summer Browning

75 ABW/JA / (801) 777-7457

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

27 Sep 2017

Competition Advocate Jonna L. Hancey

AFMC OL_H/PZC / (801) 777-6549

Signature

RECKER.JAMES.L.1390

770584

Digitally signed by RECKER.JAMES.L.1390770584 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=RECKER.JAMES.L.1390770584 Date: 2017.09.22 10:18:20 -06'00'

HARRIS.CRAIG.J.12680

83304

Digitally signed by HARRIS.CRAIG.J.1268083304 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=HARRIS.CRAIG.J.1268083304 Date: 2017.09.21 21:31:13 -06'00'

BROWNING.SUMMER.M

ICHELLE.1264568567

Digitally signed by BROWNING.SUMMER.MICHELLE.1264568567 Date: 2017.09.22 12:13:55 -06'00'

HANCEY.JONNA.L.123

1511985

Digitally signed by HANCEY.JONNA.L.1231511985 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=HANCEY.JONNA.L.1231511985 Date: 2017.09.27 08:09:18 -06'00'

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I. Contracting Activity.

United States Air Force (USAF)

AFLCMC/EBHKB

6072 Fir Ave., Bldg 1233 Hill AFB UT, 84056-5805 Contracting Officer: James Recker

DSN: 775-2099

PR Number: FD2020-18-50234

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

A. Upon approval to use other than full and open competitive procedures, this J&A is to support the USAF efforts to award a follow on contract to FA821317C0013, awarded 30 Nov 2016 and expires 31 May 2019, to procure similar items that are listed in Section III below for use in the egress system of USAF T-38C Aircraft.

Martin Baker Aircraft Co LTD (MBA) Lower Road Uxbridge, U89 8AJ United Kingdom CAGE Code U1604

B. Contract Type & Structure: A follow on supply contract to procure an estimated quantity of 670 units with an anticipated Firm-Fixed-Pricing arrangement will be issued. The estimated period of performance with be from contract award (estimated Jan 2018) through estimated delivery of parts in May 2019.

C. Estimated value is $1,920,010.00

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); Housing, Booster Cartridge, Rear 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 FY18 Qty Price 1 1377995515209ES Time Delay Unit 110 $2,281.00 $250,910.00 2 1377991480709ES Interseat Sequencing Valve 50 $1,800.00 $90,000.00 3 1377991754941ES B.T.R.U. Assembly 110 $6,746.00 $742,060.00 4 1377991348145ES Timer Assembly, Auto Backup 110 $4,028.00 $443,080.00 5 1377998186424ES I.M.P Assembly Rocket Motor 110 $1,091.00 $120,010.00 6 1377992130855ES Restrictor, G Assembly 50 $2,575.00 $128,750.00 7 1377993211280ES I.M.P. Assembly D.D.U. 110 $1,120.00 $123,200.00 8 1377997022355ES Housing, Booster Assy, Rear 20 $1,100.00 $22,000.00 8 Data LATR, ATP, FAR/CAR 1 NSP 9 Data ADC 1 NSP

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TOTAL $1,920,010.00

B. The period of performance will be from contract award (estimated Jan 2018) through estimated delivery of parts in December 2020. 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: $1,920,010.00. This estimated is based on history from contract FA821317C0013 containing similar items. 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. This procurement will be for continued production of the highly specialized Cartridge Actuated Devices/Propellant Actuated Devices (CAD/PAD) devices listed in Section III because, they perform specific functions prior to, during, and after emergency egress from the aircraft prior to takeoff and during flight. 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 missile. This acquisition requires engineering source approval by the design control activity in order to maintain the integrity of the part.

Therefore, this acquisition will be for continued production of the highly specialized CAD/PAD devices listed in Section III.

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 27 Feb 2017 by the program manager. MBA informed the USAF it is not willing to sell the data rights.

C. The CAD/PAD JPO believes that award to any other source would result in an estimated $3M substantial duplication of cost to the Government that is not expected to be recovered through competition.

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 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 FD2020-18-MBAT38 Inert was posted to FEDBizOps (FBO) 27 Mar 2017 and closed 27 Apr 2017 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

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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 $750,000. 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 Apr 2017 query from the AFLCMC/EBHJ vendor base, biennial industry summits (May 2017) and technical workshops (May 2016), and the SSS identified in Section VI Paragraph 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.

In July of each subsequent year or prior to the next procurement action should the items in Section III not require an annual procurement, the Government will continue to pursue the government purpose data rights, in addition to researching other sources whom may be able to compete, and post a SSS to FBO.

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)).

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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)).