J A_N00421-11-C-0033_NTWL_REDACTED.doc

J&A_16_0213

J&A_16_0213

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Patuxent River, MD

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves on a sole source basis a contract modification providing a realignment of existing Level-of Effort (LOE) of four months (647,320 hours) and an additional four month Option to Extend Services in Accordance with FAR 52.217-8, from 01 Aug 2016 to 31 Mar 2017, to the Naval Test Wing Atlantic (NTWL) Support Services contract currently being performed by DynCorp International (DI) (N00421-11-C-0033). For the purpose of this J&A, an estimated dollar value of the full six month extension will be used in the event that the exercise of the additional two months is required. In accordance with NAVAIRINST 4200.61 contracts including FAR 52.217-8, Option to Extend Services, where pricing for exercising the option was not evaluated as part of the initial competition, shall follow bridge contract procedures in accordance with DASN (AP) memo, Use of FAR Clause 52.217-8, Option to Extend Services dated 26 Feb 2013. The extension authorized by this J&A will allow the Government sufficient time to effectively accomplish a competitive follow-on contract for the NTWL support effort, resulting in reduced risk to the program.

3. Description of Supplies/Services.

This requirement is for Research Development Test and Evaluation (RDT&E) aircraft maintenance and modification support services for the Naval Test Wing Atlantic (NTWL), located at Patuxent River, MD. NTWL is the cognizant authority on active test and evaluation (T&E) and a participant in all phases of the weapon system life cycle process for fixed, rotary wing, unmanned aerial and lighter-than-air vehicles. This requirement requires the contractor to perform all duties associated with the following types of services: maintenance responsibility to include assigned aircraft (rotary, fixed, lighter-than-air, unmanned), aircraft on-site for project testing, transient aircraft, FMS aircraft, loaner aircraft, training aircraft, leased aircraft, aircraft located at, but not assigned to USNTPS, which conduct Qualitative Evaluations and other curriculum and civilian aircraft tested at NAWCAD. Additionally, labor and services are required to perform supportability/safety studies on various NTWL aircraft and weapon systems, and off-site aircraft safety/spill containment patrols and aircraft recovery services as required in the current Statement of Work.

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

10 U.S.C. 2304(c)(1) and FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements, full and open competition need not be provided for.

5. Rationale Justifying Use of Cited Statutory Authority.

These services are currently being provided under NAWCAD contract number N00421-11-C-0033 with DynCorp International (DI). This contract was awarded with a base year plus four option years in the total amount of $496,499,701.63 inclusive of options. The follow-on competitive contract action is in process; however, the current maintenance contract will expire on 31 Jul 2016. The rationale stated below makes it necessary to continue performance with the same contractor. This J&A approves the extension of four months on the authority of FAR Clause 52.217-8, Option to Extend Services. The period of performance is based on the four month LOE realignment and the additional four month extension, resulting in a revised contract end date of 31 Mar 2017.

Per FAR 6.302-1(a) (ii), only DI can perform the required continuation effort without unacceptable delays to the NTWL aircraft maintenance and modification support services. DI provides highly specialized support to four of the NTWL’s primary operational components: the VX-20 squadron which includes patrol and reconnaissance fixed-wing turboprop aircraft; the VX-23 squadron which includes strike fixed-wing jet aircraft; the HX-21 squadron which includes all rotary-wing aircraft; and the United States Naval Test Pilot School (USNTPS). These are highly instrumented testbed aircraft, often in non-standard configurations requiring non-standard maintenance procedures, spread amongst almost 40 different type/model/series. Successful support of the test mission requires a highly specialized and diverse workforce not readily available outside the test wing, driving over 100 days of transition to put a follow-on contractor workforce in place. NTWL is the cognizant authority for active test, evaluation, and participation in all phases of the weapon system life cycle process for fixed and rotary wing aircraft and components; a break in service would drive unacceptable delays in fielding critical aircraft upgrades and mission capability increases to the fleet. Only DI can perform the prospective tasks now because they are trained and in place with the specialized maintenance support programs and processes and currently providing the requisite services necessary to support the NTWL maintenance support requirement. No other firm is in a position to seamlessly provide the unique maintenance support required for this complex requirement.

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

The market research requirements outlined in DFARS PGI 206.302-1 have been waived for bridge contracts by the AIR-2.0 Assistant Commander for Contracts in accordance with NAVAIR Communique 15-38: FAR 6.302-1 J&A RFI/SS Requirement in Waiver dated 9 Jun 2015. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than DI to provide the required supplies and services. A full range of market research was conducted in support of the follow-on competition for this effort and multiple offers are expected.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. The value of the extension was established by using the last eight months of the fourth option period. The Contracting Officer performed price analysis and utilized necessary resources to help determine a fair and reasonable price at the time of award and reviewed that pricing again prior to the exercise of Option Period IV. In accordance with FAR 52.217-8 the contractor will continue to perform services at the rates specified in the current contract. The rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.

8. Actions to Remove Barriers to Future Competition.

This is a bridge extension while the follow on contract is being completed. The follow on will be completed using a competitive procurement process. The competition is well underway and award is estimated to take place by no later than 31 Mar 2017.

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