JA_Redacted.pdf

COORDINATION AND APPROVAL

FOR USING

FOR OTHER THAN FULL AND OPEN COMPETITION

ACQUISITION GREATER $150K, BUT NOT EXCEEDING $700K

PR Number: FD2060-16-93635

Estimated Value:

Category: PEO

Authority: 10 U.S.C. 2304(c)(1)

Based on the justification provided herein, acquisition of the supplies/services is recommended using Other Than Full and Open Competition (OTF&OC) using the authority cited above.

COORDINATION AND APPROVAL

* Technical/Requirements 10 May 2016 (478) 926-0511

– AFLCMC/WLNCB Date Phone

* Contracting Officer

13 May 2016 (478) 327-4287 Date Phone

JUSTIFICATION FOR USING

OTHER THAN FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for the Air Force Life Cycle Management Center (AFLCMC), C-130 Hercules Division. The contracting authority for this requirement is AFLCMC/WLNKA.

The purchase request number supporting this contracting action is: FD2060-16-93635

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

This action will result in a new contract for engine and nacelle repairs. Due to the circumstances described herein, the activity requests authority to repair the items listed in this document using Other Than Full and Open Competition as prescribed by 10 U.S.C. 2304 (c)(1) as implemented by FAR 6.302-1. Only one source and No Other Supplies or Services Will Satisfy Agency Requirements. This action will result in the award of a basic repair contract. The following source has the resources, capability and proprietary data for the repairs:

Rolls-Royce Corporation (RRC) (CAGE: 63005) 450 S Meridian ST Indianapolis IN 46255-1103 Large Business

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

This repair is considered to be part of a larger effort in-which RRC as the Original Equipment Manufacturer (OEM) has the procedural and technical authority required as the repair effort cannot be split into smaller portions as this would pose a risk to successful configuration control of the engine as part of the propulsion system which is managed by RRC.

Delivery requirements for this acquisition are the earliest date as possible provided by the contractor and or prescribed in the performing work statement (PWS). The Government does not own the data or the rights to the data needed to contract repair of this part from additional sources. It has been determined to be uneconomical to buy the data or rights to the data.

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, or limited Responsible Sources 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

The agency’s minimum need can only be satisfied from the unique supplies or services available from the above cited source that possess unique capabilities demonstrated as follows:

They possess the technical data, equipment and detailed knowledge of the AE 2100D3 engine and nacelles complexity that is required to repair the items back to a serviceable condition.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

This requirement will be synopsized on the Federal Business Opportunities (FedBizOpps) web page as required by FAR 5.201. It is anticipated that sources having an interest in subcontracting may be identified through synopsis. Although the Government does not own data to support repair of the engine or nacelle any source who responds to the Government as a result of this synopsis will be identified to the OEM as a potential for subcontracting possibilities.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The overall cost of this acquisition will be determined fair and reasonable to the Government. In accordance with FAR 15.404, it is anticipated that negotiations will be conducted using price analysis. A thorough price analysis using available information and approved pricing techniques will support the contracting office in making a determination that the price paid to the contractor is fair and reasonable to the Government.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

Market Research was conducted in accordance with FAR Part 10.001 and FAR 10.002. The logistician used various methods to perform the Market Research which include query databases (BINCS, Fed Log, Haystack, SAM and J018/CIDS), websites (Google, Yahoo and Dynamic Small Business database). The logistician conducted internet searches to identify potential sources for this repair. Also, he conducted discussions with other engine logisticians within the Government to further identify potential sources for this market research. The results of the Market Research concluded that RRC is the only approved source. They are the only company that has the ability to repair/overhaul/test subject part to like newly manufactured condition or acceptable repair tolerances. Additionally, there is no existing commercial item (CI) or CI that can be modified that will satisfy the Government’s requirement and the requirement cannot be modified.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

The previous Justification and Authorization (J&A), which covered engine repairs, was approved by the Senior Procurement Executive on 23 November 2005. Section XI of the J&A states the following: “All design and engineering data for C-130J peculiar systems, parts, and components are proprietary to LMA-M and/or its suppliers. The support posture for these unique aspects of the J configuration will not change because of data rights retention by LMA-M and its major vendors.” When RR was asked about purchasing the data on 24 Jun 13, they responded, “…the price related to a sale of the technical data rights would be at a significant cost to the Government.” In addition, they refused to provide pricing on individual technical data packages.

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

No further action will be taken at this time to improve the competitive status of this item. The repair is part of a larger effort in-which RRC as the Original Equipment Manufacturer (OEM) has the procedural and technical authority required as the repair effort cannot be split into smaller portions as this would pose a risk to successful configuration control of the engine as part of the propulsion system which is managed by RRC. The Government does not own the data or the rights to the data needed to contract repair of this part from additional sources.

XII. CONTRACTING OFFICER’S CERTIFICATION

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.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

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.