J_A Redacted FA811723D0018.pdf

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JUSTIFICATION and APPROVAL (J&A) for OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

United States Air Force

AFSC/PZA

3001 Staff Drive Tinker AFB, OK 73145 Purchase Request (PR): FD2030-22-01387

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED This individual Justification and Approval (J&A) authorizes the use of other than full and open competition procedures to obtain a new follow-on, firm-fixed price, requirements-type contract for the repair of multiple items. The contemplated contract is for a repair service from ELDEC Corporation (ELDEC) Commercial and Government Entity (CAGE) code 08748. In accordance with (IAW) FAR 16, a requirements type contract with a 1-year basic contract and two 1-year option ordering periods is considered to be appropriate for this acquisition. This repair service is commercial and is not a bridge action. The estimated total value of this award is with an estimated award date of 26 Feb 23.

Previous Contract Numbers: FA8117-18-D-0007 Date of Award: 26 Feb 18 Completion Date: 25 Feb 23 Basic Award: Sole Source, ELDEC Corporation CAGE 08748

NAICS: 336413

III. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET AGENCY

NEEDS (INCLUDING THE ESTIMATED VALUE)

Under the contemplated contract, ELDEC will provide the following services for repair of multiple items.

Contract Summary Estimated Dates Estimated Quantity Estimated Dollars

Basic 26 Feb 23 – 25 Feb 24 50 Option I 26 Feb 24 – 25 Feb 25 50 Option II 26 Feb 25 – 25 Feb 26 50

Over & Above 26 Feb 23 – 25 Feb 26 Surge Expedite 26 Feb 23 – 25 Feb 26 Total Contract

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CLIN 0001

Major Repair

NSN: 6130-01-395-1611

P/N: 8-803-02 Noun: Battery Charger Application: B-52 Item Description and Function: Monitors and charges a 40 amp hour Ni-cad battery for the B-52.

Type of Appropriation: 97X4930

Year Best Esimated

Quantity (BEQ) Unit Price Estimated Dollars

Basic 5 Option I 5 Option II 5

Total Estimated Line Dollars Item 0001:

CLIN 0002

Repair

NSN: 6130-01-395-1611

P/N: 8-803-02 Noun: Battery Charger Application: B-52 Item Description and Function: Monitors and charges a 40 amp hour Ni-cad battery for the B-52.

Year Best Esimated Quantity (BEQ)

Unit Price Estimated Dollars

Basic 45 Option I 45 Option II 45

Total Estimated Line Dollars Item 0002:

CLIN 0003

No Fault Found (NFF)

NSN: 6130-01-395-1611

P/N: 8-803-02 Noun: Battery Charger Application: B-52 Item Description and Function: Monitors and charges a 40 amp hour Ni-cad battery for the B-52.

Total Estimated Dollars Line Item 0003: NFF costs are less than the cost of repair. They

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are applied through de-obligated funds from the cost of repair, thereby reducing the dollar value of the contract. Cost estimation is unnecessary.

CLIN 0004

Beyond Economic Repair (BER)

NSN: 6130-01-395-1611

P/N: 8-803-02 Noun: Battery Charger Application: B-52 Item Description and Function: Monitors and charges a 40 amp hour Ni-cad battery for the B-52.

Type of Appropriation: 97X4930

Total Estimated Dollars Line Item 0004: BER costs are less than the cost of repair. They are applied through de-obligated funds from the cost of repair, thereby reducing the dollar value of the contract. Cost estimation is unnecessary.

CLIN 0005:

Over and Above (O&A)

Is negotiated on an as needed basis. Over and above is estimated at 10% of total estimated repair dollars based on historical requirement.

Type of appropriation: 97X4930 Total Estimated Dollars fo Line Item 0005:

CLIN 0006:

O&A (Surge Expedite Fee)

Is negotiated on an as needed basis for SURGE. The O & A Expedite Fee is estimated at 10% of total estimated repair dollars.

Type of appropriation: 97X4930 Total Estimated Dollars for PR Line Item 0006:

CLIN 0007:

Data

Not separately Priced Data IAW DD 1423 CDRL CAV-AF Reporting

Due to the circumstances described below in Sections V, IX and XI, there are no immediate actions that could be taken to develop competition. Therefore, it is considered appropriate to seek approval for more than one fiscal year’s requirement. If other qualified or approved sources become known during the life of this contract, full and open competition will be utilized to the maximum extent practicable.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND

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OPEN COMPETITION

10 USC 2304 (c)(1), as implemented by FAR 6.302-1(a)(2)(iii).

V. DEMONSTRATION THAT THE CONTRACTOR'S UNIQUE

QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES

THE USE OF THE AUTHORITY CITED ABOVE (APPLICABILITY

OF AUTHORITY)

ELDEC is the only known source which possesses the data, parts, expertise, tools, test procedures, and test equipment necessary to repair the above mentioned items from Section III. ELDEC previously repaired the aforementioned NSNs under contract FA8117-18-D- 0007 and has performed at a satisfactory level.

Although the Government realizes that this is a commercial item and that it has unlimited usage rights to form, fit and function data – as well as data related to operation, maintenance, installation, and training – such rights are insufficient for purposes of meeting the Government’s repair service requirement. The repair data and acceptance test criteria needed to foster competition for repair is not available to the Government, and it is not possible to draft adequate specifications for this repair effort. ELDEC possesses unique test equipment and capabilities (such as acceptance test software, theory of operation/architecture, assembly/disassembly procedures, material provisioning and selection criteria, fault diagnostics, shop practices, replacement parts, trained personnel, etc.) derived from knowledge and expertise gained during previous production and repair of these items. The Government does possess some form, fit, and function data; however, this data is not sufficient to perform repair nor is it sufficient to establish repair requirements. This repair process is highly specialized because it uses unique test equipment, test software and developed test procedures designed specifically to troubleshoot and repair the aforementioned NSN. Therefore, this follow-on contract is for the continued performance of a highly specialized service.

The 422 Supply Chain Management Squadron (SCMS) requested a Rough Order of Magnitude (ROM) to ELDEC for the procurement of data to complete repair on 20 Jun 22 with a response date of 20 Jul 22. ELDEC failed to respond to the ROM by the requested date. This lack of response is taken as a refusal to sell data needed to complete organic repair.

The 422 SCMS believes that award to any other source would result in unacceptable delays in fulfilling the Air Force’s requirements. Qualification of any other source is estimated to take a minimum of 4 years from the initiation of a Source Approval Request (SAR) package.

These items are critical application items. However, they are not critical safety items on the systems listed in Section III. Reverse engineering the repair process is not feasible within allowable timeframes. Any efforts to reverse engineer the repair process are estimated to take a minimum of 5 years from the initiation of a CSAG (Consolidated Sustainment Activity Group) Sustaining Engineering project. Delays in repair have the potential of disrupting the availability of the various weapon systems, thereby leaving the Air Force unable to meet critical mission requirements and hampering the Air Force’s ability to execute its global mission. If another company were able to obtain the data and show the ability to obtain obsolete parts for repair, it would take a minimum of six years to develop full repair

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capability.

Accordingly, ELDEC is the only firm capable of providing the services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE,

INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS

REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER

FAR 5.202 APPLIES

On 01 Mar 2022, a Sources Sought Synopsis (SSS) was posted on the http://www.sam.gov/ website under reference number FA8117-22-SS-0014. The SSS included the NSNs listed in Section III, part numbers, and quantities in support of market research to identify potential sources for repair of the NSNs. The SSS closed on 01 Apr 2022. G&S Test Solutions responded to the SSS, however, G&S Test Solutions requested an RDL, which is only available from ELDEC. The items are listed on the Master JQR listing. This requirement will be synopsized in http://www.SAM.gov as a notice of proposed contract action IAW FAR

5.201. The expected date of publication is Oct 2022.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE

The Contracting Officer will ensure that the items described herein are negotiated at a fair and reasonable price to the Government. IAW FAR 15.4, the contractor will be required to provide Other Than Certified Cost or Pricing Data to support the Government’s evaluation of the proposed cost. A detailed cost analysis and/or price analysis will be performed on the proposed skill mix of labor, labor hours, types and quantities of material and other direct and indirect rates, and will be negotiated by the Government based on recommendations from the Defense Contract Management Agency (DCMA) and expert technical personnel supporting the program. The Contracting Officer may seek audit assistance from the Defense Contract Audit Agency (DCAA) if necessary.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH

WAS NOT CONDUCTED

As described in Section VI above and IAW FAR Part 10, market research was conducted by Sources Sought Synopsis posted 01 Mar 2022. Additionally, a multi-functional team consisting of the Engineer, Contracting Officer, and Production Management Specialist conducted further research on 08 Aug 22 by reviewing multiple websites such as http://www.Interfacedisplays.com/, http://www.Lockheedmartin.com/, http://Utcaerospacesystems.com/, Parts Manufacturer Approvals (PMA) and HAYSTACK.

Market research revealed no further potential repair source. While other companies perform similar efforts in the marketplace, they do not possess the applicable technical data, tooling, and observable capabilities that are required. Due to the complexity and criticality of the item, only pre-approved sources meet Air Force requirements. Further, this requirement can

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be satisfied with commercial services IAW CRSAW 762, performed by the only approved source, ELDEC. This market research did not reveal any other qualified sources available or capable of fulfilling the requirement.

The SSS was conducted during the market research effort with no responses. No vendor has submitted a source approval request. Based on this market research, ELDEC was found to be the only source able to fulfill the requirements described in Section III.

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

AND OPEN COMPETITION

No further information.

X. LIST OF SOURCES THAT EXPRESSED, IN WRITING, AN INTEREST IN

THE ACQUISITION

ELDEC Corporation CAGE: 08748

16700 13TH AVE W

Lynnwood, WA 98037 8503 Phone: (425)743-8110

G&S Test Solutions, LLC CAGE: 7LHF1 520 Superior Commerce PT, Suite 1216 Oviedo, FL Phone: (407)415-0943

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

OR SERVICES REQUIRED

As a tool to overcome barriers to competition prior to the next acquisition, the Government will request a rough order of magnitude requesting the acquisition of data rights for the repair of this NSN.

Per DFARS PGI 206.304(a)(S-70)- As indicated by signature on the Coordination and Approval Document, the previous J&A has been reviewed and the Approval Authority determines that all stated actions to remove barriers to competition have been accomplished.

XII. CERTIFICATION BY THE CONTRACTING OFFICER

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

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XIII. CERTIFICATION BY THE TECHNICAL/REQUIREMENTS PERSONNEL

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

COORDINATION AND APPROVAL DOCUMENT

Is this a new or amended J&A Document? No Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? No Funding level for this acquisition: < $750,000.00 Contracting Activity: AFSC/PZA Purchase Request / Local ID Number: FD2030-22-01387 Program / Project: B-52 Battery Charger Program Type: Enterprise Authority: 10 U.S.C. 2304 (c)(1), as implemented by FAR 6.302-1 (a)(2)(ii) Estimated Contract Cost (including options): $713,455.00 J&A Type: Individual

COORDINATION

APPROVAL

X Robin Adee Contracting Officer, AFSC/PZACC

ADEE.ROBIN.

D.1151057728

Digitally signed by

ADEE.ROBIN.D.1151057728

Date: 2022.08.19 11:07:58 -05'00'

Mergable signature page