FCC SW Loading JA_Collins_Redacted1.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

IN REPLY REFER TO:

J&A 22-029508

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Description of the Action(s) Being Approved.

This Justification and Approval (J&A) authorizes and approves the issuance of a new delivery order to Rockwell Collins, Inc., Windsor Locks, CT for Flight Control Computer (FCC) Software Loading Capability under the PMA-271 Collins Basic Ordering Agreement (N00019- 19-G-0031) by the CH-53K® Heavy Lift Helicopter Program. This acquisition will procure the software loading capability for CH-53K United States Marine Corps (USMC) squadrons.

3. Description of Supplies/Services.

This J&A authorizes and approves the issuance of a delivery order to obtain an interim software loading capability to support CH-53K Heavy Lift helicopters. Tasking will include the necessary recurring and non-recurring engineering for labor, equipment, material, parts, and technical data/publications to deliver FCC software-loading capability into a GFE Toughbook, software-loading hardware (harness, power supply, cabling, etc.), and sustainment of the hardware, including two years of technical support, software upload tool instructions, and assistance to the Government in loading the flight software and troubleshooting specific issues.

The total estimated value for the CH-53K FCC Software Loading effort procured under this J&A is $375K and is anticipated to be funded by the fiscal years and appropriations as set forth in the table below:

APPN

(TY$)

FY22-27

Total

APN $375,000

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Rockwell Collins is the original designer, developer, manufacturer and producer of the FCC and its software loading capability. As the Original Equipment Manufacturer (OEM), Rockwell Collins has manufactured and delivered FCCs and related components in support of the CH-53K program since the System Development and Demonstration (SDD) contract. The SDD aircraft (N00019-06-C-0081) was awarded to Sikorsky in 2006. Neither the Government nor any other company possesses the proprietary technical data about the CH-53K FCC necessary to compete this effort. The ability to procure data in the past has not been available to the Government, as the FCC is provided as CFE by the OEM to the CH-53K production line. Rockwell Collins is unwilling to sell or license this technical data to the Government or another contractor. Without this data, no other company can develop the software loading capability. Additionally, no other he current FCC design is already installed in the fielded CH-53K aircraft with several additional lots in production. A redesign at this point in the program would result in multiple aircraft configurations and the need to sustain two different designs. Therefore, there is only one source for the CH-53K FCC software loader and no other supply will satisfy the requirement.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

NAVAIR conducted market research for the proposed effort via a Sources Sought notice posted on SAM.gov (SAM) on 15 June 2022. There were no responses received. In accordance with FAR Part 5.201(b), a pre-solicitation synopsis was also posted on 11 July 2022 on SAM. There were no responses received. Additionally, parties interested in subcontracting opportunities will be referred to Rockwell Collins to maximize competition in subcontracted efforts.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 4 and 5, NAVAIR has no plans at this time to compete future contracts for the types of supplies and support covered in this J&A. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

K. E. FLEEGER, COL USMC Telephone Date H-53 Program Manager, PMA-261

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Ann Stewart Telephone Date Senior Associate Counsel NAVAIR Office of Counsel

CONTRACTING OFFICER CERTIFICATION AND APPROVAL

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Based on the above Justification, I hereby approve the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

Garrett Douglass Telephone Date Procuring Contracting Officer Procurement Group, Naval Air Systems Command