JA_Redacted.rtf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

CONTRACTING ACTIVITY

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for the Air Force Sustainment Center (AFSC), 638 Supply Chain Management Group (SCMG), 411th Supply Chain Management Squadron (SCMS) / GUBA. The contracting authority for this requirement is 638th SCMG Warner Robins / PKAB. The purchase request number supporting this contracting action is FD2060-12-00280.

NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

Due to the circumstances described herein, the activity request authority to acquire the repair listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements. This action will result in the award of a follow on to an existing contract, which will be a firm-fixed price, contract with a basic year plus two one year ordering/option periods. This sole source requirement will be purchased from the following company:

Sources:

Name: BAE Systems Electronics & Integrated Solutions Address: 6500 Tracor Lane, Austin TX 78725-2070 Cage Code: 19397 Phone: (512)-929-2459 Type: Large Business Web Address: www.baesystems.com Note: Produced the DGU and HUD.

DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The existing BAE Corporate Contract is a ten-year corporate contract issued sole source to BAE. The contract expires Dec 31, 2012. This contract aligned multiple BAE Cage Codes into a single contract and provided repair in support of more than 60 National Stock Numbers (NSN).

This proposed follow-on will be a subset of the existing contract to cover repair of Special Operations Forces (SOF) specific items. It is envisioned to be a 3 year sole-source contract (basic plus two option years). The total amount of this contract is estimated at $7,897,197.00. Anticipated contract award date is January 2013. This effort will cover 60 NSNs, as listed below. All items have all been screened and identified as sole source to BAE. The CRSAWs convey that the government has not procured a technical data package necessary for repair. Subject NSNs considered for this contract will be based on Repair (ERRC T).

N O

NSN

NOUN

P/N Qua ntit y for FY1 3 Qua ntit y for FY1 4 Qua ntit y for FY1 5 Unit Repair Cost for FY13 Unit Repair Cost for FY14 Unit Repair Cost for FY15 Total Cost

1290-01-275-

KEYBOAR

229- 17,728.0 19,856.0 22,638.0 60,222.00

D, DATA

6321SO

ENTRY

039512-01

1270-01-274-

DISPLAY

79-097- 204,144.

228,641.

260,651.

693,436.00

0569SO

UNIT

02-01B

1270-01-371-

GENERAT

51-050- 149,460.

167,395.

234,353.

551,208.00

8313SO

OR

08-XXX

5998-01-274-

CIRCUIT

229- 18,288.0 20,483.0 32,351.0 71,122.00

CARD

3883SO

ASSEMBLY

039572-01

5975-01-425-

ELECTRIC

229- 10,452.0 11,706.0 13,345.0 35,503.00

AL

4639SO

CHASSIS

039880-05

5975-01-370-

ELECTRIC

229- 10,948.0 12,262.0 13,979.0 37,189.00

AL

7099SO

CHASSIS

039880-04

CIRCUIT

229- 23,512.0 26,334.0 30,021.0 79,867.00

3881SO

039887-01

CIRCUIT

229- 15,766.0 17,658.0 10,065.0 43,489.00

3879SO

039577-01

CIRCUIT

229- 15,766.0 17,658.0 20,130.0 53,554.00

3885SO

039891-01

5998-01-277-

CIRCUIT

229- 15,766.0 17,658.0

2828SO

039883-01

5998-01-277-

CIRCUIT

229- 8,656.00 9,695.00 11,052.0 29,403.00

2829SO

039907-01

5998-01-322-

CIRCUIT

229- 15,766.0 17,658.0

3399SO

039889-03

5998-01-310-

CIRCUIT

229- 49,880.0 55,866.0 63,687.0 169,433.00

4941SO

039887-03

6130-99-439-

POWER

7506- 28,670.0 32,111.0 36,607.0 97,388.00

2081SO

SUPPLY

00150

5998-99-702-

CIRCUIT

229- 11,142.0 12,479.0 14,226.0 37,847.00

1214SO

039577-03

6130-01-276-

POWER

7506- 36,456.0 40,831.0 46,547.0 123,834.00

1953SO

00107

5998-01-371-

CIRCUIT

229- 31,105.0 34,838.0 39,715.0 105,658.00

3892SO

039885-02

CIRCUIT

229- 33,540.0 37,564.0 42,823.0 113,927.00

5420SO

039900-03

CIRCUIT

229- 45,720.0 51,206.0 58,375.0 155,301.00

3893SO

039898-03

5841-01-291-

RADAR

2722- 151,360.

153,176.

124,416.

428,952.00

DATA

PROCESS

2576SO

0202-6

5841-01-290-

RADAR

2722- 21,896.0 24,524.0 27,957.0 74,377.00

SET

2070SO

CONTROL

0235-1

5841-01-407-

RADAR

2705- 59,976.0 67,163.0 76,577.0 203,716.00

DISPLAY

3155SO

0204-1

RADAR

2722- 10,948.0 12,262.0

8985SO

0232-1

RADAR

2722- 10,948.0 12,262.0

8990SO

0233-1

RADAR

2722- 10,948.0 12,262.0

8986SO

0210-1

5963-01-408-

ELECTRO

2722- 10,948.0 12,262.0

NIC

0301SO

MODULES

0323-3

RADAR

2722- 9,688.00 10,851.0 12,370.0 32,909.00

8989SO

0243-1

5998-01-408-

CIRCUIT

2722- 10,948.0 12,262.0

7699SO

0334-3

6130-01-408-

POWER

2722- 19,383.0 21,709.0 24,748.0 65,840.00

5811SO

0206-1

CIRCUIT

2722- 10,948.0 12,262.0

3812SO

0372-2

5998-01-410-

CIRCUIT

6050-0370

10,948.0 12,262.0

9927SO

CIRCUIT

2722- 10,948.0 12,262.0

7703SO

0335-4

5841-01-423-

RADAR

2722-

15,136.0 16,952.0 19,325.0 51,413.00

DATA

PROCESS

8484SO

0201-3

5975-01-410-

MOUNTIN

2722- 10,948.0 12,262.0 13,979.0 37,189.00

9145SO

G BASE

0203-2

5821-01-425-

TELEVISI

6050- 17,600.0 19,712.0 22,472.0 59,784.00

ON

2166SO

MONITOR

5803-3

5841-01-425-

RADAR

6050- 12,760.0 14,291.0 16,292.0 43,343.00

2167SO

5803-1

RADAR

6050- 18,122.0 20,297.0 23,139.0 54,734.00

2170SO

5804-1

RADAR

6050- 18,122.0 20,297.0

54,734.00

2171SO

5804-3

RADAR

6050- 36,244.0 40,493.0 46,276.0 123,113.00

2173SO

5804-4

TELEVISI

6050- 17,600.0 19,712.0

7076SO

5803-2

TELEVISI

6050- 17,600.0 19,712.0

2168SO

5811-1

RADAR

6050- 18,122.0 20,297.0

61,558.00

2169SO

5804-2

5841-01-433-

RADAR

2722- 10,948.0 12,262.0

8340LG

0243-2

5998-01-454-

CIRCUIT

2722- 10,948.0 12,262.0

4638SO

03203-2

5998-01-454-

CIRCUIT

2722- 10,948.0 12,262.0

4639SO

0321-1

5998-01-455-

CIRCUIT

2722- 10,948.0 12,262.0

2026SO

03214-1

CIRCUIT

2722- 10,948.0 12,262.0

9726SO

0324-7

BACKPLAN

2722- 10,948.0 12,262.0

E

1526SO

03212-1

CIRCUIT

2722- 10,948.0 12,262.0

9727SO

0331-4

5998-01-457-

BACKPLAN

2722- 10,948.0 12,262.0

E

2317SO

0337-4

CIRCUIT

2722- 10,948,.0 12,262.0

9728SO

0327-5

CIRCUIT

2722- 10,948.0 12,262.0

9725SO

0326-4

CIRCUIT

2722- 10,948.0 12,262.0

2013SO

0324-8

5855-01-361-

SYMBOL

2751- 624,092.

698,983.

359,864.

1,682,939.0

GENERAT

9755SO

0202-1

5821-01-317-

TELEVISI

6050- 38,318.0 42,916.0 48,924.0 130,158.00

9724SO

0201-27

5998-01-319-

CIRCUIT

6050- 10,952.0 12,266.0 13,983.0 37,201.00

4659SO

03106-1

5975-01-416-

MOUNTIN

2751- 32,844.0 36,785.0 41,934.0 111,563.00

0394SO

G BASE

0204-2

5841-01-243-

RADAR

6050- 279,720.

335,664.

191,329.

806,713.00

0333SO

0202-30

5836-01-463-

CHARACT

1745- 40,264.0 45,096.0 51,410.0 136,770.00

ER

GENERAT

0998SO

0202-1A

5841-01-291-

RADAR

2705- 62,898.0 70,453.0 53,544.0 186,895.00

0202-2

Basic/Options Data Cost

108,000.00

TOTALS

2,584,42 2,788,58 2,524,18 7,897,197.0

8.00 8.00 1.00

The current RMC/RMSC codes are as follows:

R5/D –Repair directly from a sole source contractor which is not the actual manufacturer. The data needed to compete contract repair is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate economical description of the repair for a competitive solicitation.

R5/R - Repair directly from a sole source contractor which is not the actual manufacturer. 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 reverse engineer the part.

R3/R – Repair for the second or subsequent time, directly from the actual manufacturer. The data or the rights to use the data needed to purchase this part from additional sources and not owned by the government and it has been determined that it is uneconomical to purchase them.

R3/L - Repair for the second or subsequent time, directly from the actual manufacturer. The annual repair value of this part falls below the screening threshold established by local policy. However, this part has been screened for additional know sources, resulting in either confirmation that the initial source exists or that other sources may repair the part (Note: This code shall not be used when screening parts entering the inventory. It shall not be assigned in preference to or supersede and other RMSC.)

R3/D – Repair for the second or subsequent time, directly from the actual manufacturer. The data needed to compete contract repair is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the repair for a competitive solicitation.

R3/H –Repair for the second or subsequent time, directly from the actual manufacturer. The Government physically does not have in its possession sufficient accurate or legible data to contract repair with other than current sources. (Note: This code is applicable only to parts under immediate buy requirements and only as long as the deficiency is under review for resolution and appropriate recoding).

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 and No Other Supplies or Services Will Satisfy Agency Requirements.

DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED ABOVE

The agency's minimum needs can only be satisfied by the unique supplies or services available from only the above cited source(s), who possess (es) unique capabilities demonstrated as follows:

BAE was interviewed to determine the uniqueness of the processes used and items required to repair the Subject NSN’s. From interviews and technical discussions, it is apparent that BAE possesses unique capabilities and processes that are proprietary to BAE. On 20 August 2012, 411 SCMS/GULA contacted BAE; they stated in an email that they are not willing to sell data rights to the Government for AC130H/U, Talon 1 and depot level repair of assets on Avionics.

There is one viable source for this service. BAE Systems owns the Technical data Package (TDP) and thus is the only contractor available that can provide this service without an extensive reverse engineering and document development effort.

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 acquisition of this from any other source, any source who responds to the Government as a result of this synopsis will be identified to the prime contractor as a potential for subcontracting possibilities.

No commercial product sheets, test data, qualification data, support manuals, or related data that defines the performance and manufacturing characteristics of the product are available. The government does not own or have access to the TDP, which is proprietary to BAE.

BAE is the only source through which the U.S. Government can meet its repair requirements at this time.

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 fair and reasonable to the Government. In accordance with FAR 15.403-4, the contractor will be required to provide certified cost and pricing data to be used in supporting the Government’s evaluation of the proposed cost. The proposed skill mix of labor, labor hours, types and quantities of material, other direct costs, and direct and indirect rates will be negotiated by the Government based on recommendations from the Defense Contract Audit Agency (DCAA) and expert technical personnel supporting the program. The contract price will be negotiated in accordance with the procedures in FAR Part 15 ensuring the ultimate cost to the Government is fair and reasonable.

DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED Market Research was conducted pursuant to FAR 10.001 and 10.002. The primary Market Research method was a review of current/up-to-date CRSAW documents recently performed by each Subject NSNs’ cognizant engineer. Other market research involved reviewing procurement history to determine previous contract history for these requirements from a company other than BAE. Previous Market Research documents were reviewed and kept on file. Results from these documents show no other sources were previously available for these requirements.

Finally, ongoing Market Surveillance continues. Monitoring of technical literature, discussion with engineers, and attendance at expos or workshop for potential repair sources/suppliers will continue in order to stay abreast of emerging technology and possible sources.

Items to be repaired include various categories of electronic items, such as power supplies, generators, receivers, transmitters, microcircuits, and circuit card assemblies. Engineering efforts will be specific to the NSN’s on contract. Efforts include, but not limited to, identifying and correcting obsolete parts and vanishing vendor issues.

The items on this J&A are exclusively military assets and they have no commercial application. They are used solely for Special Operations Forces (SOF).

ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION

Because these items are not commercial items, there are no other products that can be modified to fill this requirement. These items are complex and their performance is critical to successful operation of the aircraft in which they are installed. The identified source is the only sources with adequate technical data. Due to proprietary design of these parts and the lack of data available to compete the requirement, there are no other potential sources. The Government’s need cannot be met by any other source other than BAE.

The supplier of the Subject NSN’s must have the ability to repair the items. They must possess the unique experience and expertise required to perform engineering as required. In addition, the supplier must have access to all required data. Currently, BAE is the only supplier that meets these criteria.

LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION

See Section VI above.

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

These items include intellectual property whose development was funded by the OEM and is proprietary to the OEM. The Subject NSN’s had various obsolete parts and suffers from many Diminishing Manufacturing Sources and Material Shortages (DMSMS) issues. To overcome these barriers to competiveness, before exercising any options, the government will contact the OEM to see if they are willing to sell the data to the government and will confer with engineering or system program managers to see if there are any low cost Modifications that can be developed to replace any of the equipment in this contract.

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.

TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the J&A signature page, the technical and/or requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.