J&A_Redacted.pdf

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

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: FD2020-18-50188

Program / Project (and PE, if applicable): US Air Force (USAF) B-1B Shielded Mild Detonating Cord (SMDC)

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):

COORDINATION (AFFARS 5306. 304(a) )

J&A Type: Class Individual

RICHARD P. VIGEANT, GS-12

Program Manager

AFLCMC/EBHJ / DSN: 777-5484

Signature Digitally signed by

VIGEANT.RICHAR VIGEANT.RICHARD.P.1008940718

DN: c=US, o=U.S. Government, ou=DoD, D.P.1008940718 ou=PKI, ou=USN, cn=VIGEANT.RICHARD.P.1008940718 Date: 2017.05.16 12:56:13 -06'00'

SHAUNA A. H. LYON, NH-03

Contracting Officer

AFLCMC/EBHKB / DSN: 777-4244

Signature Digitally signed by

LYON.SHAUNA LYON.SHAUNA.A.1270943558

DN: c=US, o=U.S. Government, ou=DoD, .A.1270943558 cn=LYON.SHAUNA.A.1270943558 ou=PKI, ou=USAF, Date: 2017.05.16 13:16:27 -06'00'

SUMMER BROWNING, NH-03

Legal Reviewer

75ABW/JA / DSN: 777-7457

Signature BROWNING.SUMM Digitally signed by

BROWNING.SUMMER.MICHELLE.1264568567

ER.MICHELLE.126 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=BROWNING.SUMMER.MICHELLE.1264568567

4568567 Date: 2017.05.18 09:53:13 -06'00'

APPROVAL (AFFARS 5306.304( a) )

JONNA L. HANCEY, NH-04

Competition Advocate

AFSC OL_H/PZC / DSN: 777-6549

Signature Digitally signed by

HANCEY.JONN HANCEY.JONNA.L.1231511985

DN: c=US, o=U.S. Government, ou=DoD, A.L.1231511985 cn=HANCEY.JONNA.L.1231511985 ou=PKI, ou=USAF, Date: 2017.06.06 12:49:15 -06'00'

I. Contracting Activity.

United States Air Force

AFLCMC/EBHKB

6072 Fir Avenue, Building 1233 Hill AFB, UT 84056-5805 Contracting Officer: Shauna A. H. Lyon, DSN: 777-4244 PR Number: FD2020-18-50188

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

A. Upon approval to use other than full and open competitive procedures, the United States Air Force (USAF) will award a new contract to manufacture/produce the explosive Cartridge Actuated Devices / Propellant Actuated Devices (CAD/PAD) listed in Section III below for use in the egress system of USAF B-1 aircraft to:

Pacific Scientific Energetic Materials Company (PSEMC) 3601 Union Road Hollister, CA 95023 CAGE Code 06331

B. Contract Type and Structure: A new supply contract will be issued to produce an estimated total quantity of 166 items utilizing a firm-fixed pricing arrangement with a one-year base period and four one-year options. The total period of performance will be up to 7 years. Deliveries could be accepted through an additional 24 months following the final delivery order. The estimated contract award date is June 2018.

C. Estimated value is:

D. Type J&A: Individual

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

A. Under the contemplated supply contract, PSEMC will provide the following supplies:

- Shielded Mild Detonating Cord (SMDC)

These explosive components perform specific functions that allow aircrew the means to escape should a mishap occur and are part of the egress system of the B-1 aircraft. The quantities and costs listed in the table below are estimates only.

B. 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 action is using appropriated 3011 funds.

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

10 USC2304 (c) (1) as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

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 PSEMC because these highly specialized items contain a unique combination of explosives, firing mechanisms, and have precise interface requirements. PSEMC is the only approved source that has demonstrated the unique design capability, manufacturing knowledge, and possess the technical data required to manufacture these critical safety-of-flight components. This data and knowledge is essential to maintaining the quality of the parts and the approved source retains rights to the data.

B. PSEMC 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 PSEMC was via email on 20 July 2016 by the program manager. PSEMC informed the USG that they are not willing to relinquish, sell or enter negotiations for any data rights on PSEMC products.

ITEM

NSN

P/N

NAME

FY18

Est

QTY

FY19

Est

QTY

FY20

Est

QTY

FY21

Est

QTY

FY22

Est

QTY

Estimated

COST

1 1377013206659ES K824522 B-1 SMDC F-KIT 14

2 1377013206659ES K824522 B-1 SMDC F-KIT 14

3 1377013206659ES K824522 B-1 SMDC F-KIT 14 $

4 1377013206659ES K824522 B-1 SMDC F-KIT 14 $

5 1377013206659ES K824522 B-1 SMDC F-KIT 10

6 1377012332245ES 816739-96011 B-1 SMDC LINE 10

7 1377012332245ES 816739-96011 B-1 SMDC LINE 10

8 1377012332245ES 816739-96011 B-1 SMDC LINE 10

9 1377012332245ES 816739-96011 B-1 SMDC LINE 10

10 1377012332245ES 816739-96011 B-1 SMDC LINE 10

11 1377012332251ES 816739-96015 B-1 SMDC LINE 10

12 1377012332251ES 816739-96015 B-1 SMDC LINE 10

13 1377012332251ES 816739-96015 B-1 SMDC LINE 10

14 1377012332251ES 816739-96015 B-1 SMDC LINE 10

15 1377012332251ES 816739-96015 B-1 SMDC LINE 10

TOTAL:

C. The CAD/PAD Joint Program Office (CAD/PAD JPO) believes that award to any other source would result in substantial duplication of cost to the government in the estimated amount of $4M that is not expected to be recovered through competition and unacceptable delays in fulfilling USAF requirements.

D. Accordingly, PSEMC is the only firm capable and qualified to provide 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 an estimated four years in unacceptable delays 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 FD2020-17-51155 was posted to FEDBizOps (FBO) 15 February 2017 and closed 15 March 2017 requesting information to identify potential sources possessing the engineering and manufacturing knowledge for items identified in Section III above used on B-1 Aircraft. No Responses were received.

B. This requirement will be synopsized in 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 or 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 an April 2017 query from the AFLCMC/EBHJ vendor base, as well as industry summits, workshops, and sources sought synopsis 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 B-1 Integrated Product Team revealed that PSEMC 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 CAD/PAD JPO is in continuous market research with vendor base through annual technical interchange meetings, technical workshops, and annual conferences to determine vendor capabilities. The CAD/PAD JPO submits annual requests to determine if a specific vendor is interested in selling their data rights.

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.