G16 Redacted JA.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION LAKEHURST

ROUTE 547

JOINT BASE MDL NEW JERSEY 08733

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Lakehurst, NJ.

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves the issuance of a delivery order on a sole source basis under Defense Logistics Agency Basic Ordering Agreement, with Derco Aerospace, a Lockheed Martin (LM) Corporation company. The requirement consists of Peculiar Support Equipment (PSE) end items in support of the KC-130J aircraft. The resultant delivery order will be firm fixed-price.

3. Description of Supplies/Services.

This acquisition is for the procurement of 146 different PSE end items in support of the KC-130J aircraft. Enclosure I provides a full breakdown on the PSE being procured. This PSE is required to perform intermediate and organizational maintenance tasks on KC-130J aircraft.

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

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

LM is the Original Equipment Manufacturer, (OEM) designer, developer, and prime integrator of the KC-130J aircraft and of the PSE being procured under this effort. As the OEM, LM is the only source with the requisite knowledge, experience, technical expertise and technical data to provide the required PSE supporting the KC-130J aircraft. The Government does not own rights to the drawings and technical data package for the KC-130J PSE necessary to support a competitive acquisition. The drawings for the PSE have been left under LM configuration management and LM is the “design activity” for the items. Furthermore, the production line is still open, aircraft changes are still taking place, and PSE is currently being incorporated into the drawings which the Government does not own. The Government attempted to purchase the drawings and LM has not responded to the request or provided pricing to date.

LM is the only source that can meet the scheduled requirement to achieve mission capability ] primary aircraft authorized by as per the National Defense Strategy Implementation Memorandum from the Deputy Secretary of Defense. Award to another source would require the need to reverse engineer and requalify equipment. This process would take an additional and result in unacceptable delays to the Government. This delay would adversely affect the Navy’s ability to perform I and O level maintenance on the KC-130J aircraft. Therefore, the efforts described herein cannot be performed by another source.

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

Market research was conducted via the Federal Procurement Data System – Next Generation, the Dynamic Small Business website and Google. The results determined that LM is the only authorized source capable of meeting this requirement because LM is the OEM and has exclusive rights to the drawings of these PSE end items. The Sources Sought notice required by DFARS 206.302-1(d) was published on SAM.gov. The Sources Sought notice closed with zero inquiries received. The synopsis required by FAR 5.201 was published on SAM.gov. The synopsis closed with two inquiries received from about subcontracting opportunities. The contract specialist directed the vendors to contact LM directly.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that the anticipated cost to the Government of supplies 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 5, NAWCAD Lakehurst has no plans at this time to compete future contracts for the types of supplies covered by this J&A. The Government does not have any future requirements for this item at this time. NAWCAD Lakehurst will continue to analyze the marketplace and if another potential source emerges, NAWCAD Lakehurst will assess whether competition for future requirements is feasible.