JA 21-00471V1_Redacted.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): FD2030-21-00471

II. NATURE AND/OR DESCRIPTION OF THE ACTIVITY 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 the Landing Light. The contemplated contract is for a repair service from Aero International, LLC; Commercial and Government Entity (CAGE) code 0SML3. In accordance with (IAW) FAR 16, a requirements type contract with a 1-year basic ordering period and nine 1-year option ordering periods is considered to be appropriate for this acquisition. This repair service is not a commercial acquisition and is not a bridge action. The estimated total value of this award is with an estimated award date of 27 Sep

22.

Previous Contract Numbers: FA8117-17-D-0023

Date of Award: 27 Sep 17

Completion Date: 26 Sep 22

Basic Award: Sole Source

PSC: 1X00

NAICS: 336413

III. DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET AGENCY

NEEDS (INCLUDING THE ESTIMATED VALUE)

Under the contemplated contract, Aero International, LLC. will provide the following services for repair of the Landing Light.

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CLIN 0001

Major Repair

NSN: 6620-00-884-8743RK

P/N: G9945B5-4557

Noun: Landing Light

Application: T-38

Item Description and Function: Retractable landing light provides illumination during landing and taxi operations

Type of Appropriation: 97X4930

Total Estimated Line Dollars Item 0001:

CLIN 0002

Minor Repair

NSN: 6620-00-884-8743RK

P/N: G9945B5-4557

Estimated Dates Estimated Quantity Estimated Unit Cost Estimated Dollars

Basic 27 Sep 22 - 26 Sep 23 20 $

Option I 27 Sep 23 - 26 Sep 24 20 $

Option II 27 Sep 24 - 26 Sep 25 20 $

Option III 27 Sep 25 - 26 Sep 26 20 $

Option IV 27 Sep 26 - 26 Sep 27 20 $

Option V 27 Sep 27 - 26 Sep 28 20 $

Option VI 27 Sep 28 - 26 Sep 29 20 $

Option VII 27 Sep 29 - 26 Sep 30 20 $

Option VIII 27 Sep 30 - 26 Sep 31 20 $

Option IX 27 Sep 31 - 26 Sep 32 20 $

Over & Above27 Sep 22 - 26 Sep 32

Surge Expedit 27 Sep 22 - 26 Sep 32

Total Contract

Contract Summary

Year

Best Estimated

Quantity (BEQ) Unit Price Estimated Dollars

Basic 20

Option I 20

Option II 20

Option III 20

Option IV 20

Option V 20

Option VI 20

Option VII 20

Option VIII 20

Option IX 20

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Noun: Landing Light

Application: T-38

Item Description and Function: Retractable landing light provides illumination during

Total Estimated Dollars Line Item 0002: Minor repair costs are less than the cost of major repair. They are applied through de-obligated funds from the cost of major repair, thereby reducing the dollar value of the contract. Cost estimation is unnecessary.

CLIN 0003

No Fault Found (NFF)

NSN: 6620-00-884-8743RK

P/N: G9945B5-4557

Noun: Landing Light

Application: T-38

Item Description and Function: Retractable landing light provides illumination during

Total Estimated Dollars Line Item 0003: NFF 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 0004

OVER AND ABOVE (O&A) TO BE NEGOTIATED (TBN)

NSN: 6620-00-884-8743RK

P/N: G9945B5-4557

Noun: Landing Light

Application: T-38

Type of appropriation: 97X4930

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

Total Estimated Line Dollars Item 0004:

CLIN 0005

O&A Surge Expedite Fee

NSN: 6620-00-884-8743RK

P/N: G9945B5-4557

Noun: Landing Light

Application: T-38

Type of appropriation: 97X4930

Total Estimated Dollars Line Item 0005:

Is negotiated on an as needed basis for SURGE. The O&A Expedite Fee is estimated at 10% of total estimated repair dollars. The O&A surge will address any impact on (funds, quantity, FD20302100471 4 services, period of performance etc.) which may arise due to any possible surge requirements associated with this acquisition. Surge requirements are used to respond to real world contingency events by accelerating PI processing and allowing contract provisions to expedite items and services.

CLIN 0006

Data

Not separately priced (NSP) Data IAW DD 1423 Contract Data Requirements List (CDRL).

CAV-AF Reporting

No Type of Appropriation.

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

OPEN COMPETITION

10 USC 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii) and required by FAR 6.303-

2(b)(4).

V. DEMONSTRATION THAT THE CONTRACTOR'S UNIQUE

QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES

THE USE OF THE AUTHORITY CITED ABOVE (APPLICABILITY

OF AUTHORITY)

Aero International, LLC 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. Honeywell Grimes previously repaired 6620-00-884-8743RK under contract

FA8117-17-D-0023 and has performed at a satisfactory level. Effective as of 17-Aug-2021

Honeywell Grimes has confirmed that a licensing agreement is in effect with Aero

International LLC (CAGE 0SML3) for product support.

Although the Government realizes that this is not a commercial/nondevelopmental/off-the-shelf 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. Aero

International, LLC 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.) required for the 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

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specifically to troubleshoot and repair the Landing Light. 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 to Honeywell Grimes Aerospace Company for the procurement of data to complete repair on

08 Jun 2021 with a response date of 05 Jul 2021. Grimes Aerospace Company responded on

21 Jun 21 and declined to sell data rights.

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.

Any potential repair source would have to demonstrate the capability to obtain the necessary data and repair procedures required from the OEM prior to SAR approval. 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 capability.

Accordingly, Aero International, LLC 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 22 Dec 2020, a Sources Sought Synopsis (SSS) was posted on the https://beta.sam.gov website under reference number FA8117-21-SS-0006. 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 22 Jan 2021. No vendors expressed interest. 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 Apr 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 Certified Cost or Pricing Data to support the Government’s evaluation of the

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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 22 Dec 2020. Additionally, a multi-functional team consisting of the Engineer, Contracting Officer, and Production Management Specialist conducted further research on 16 Jun 21 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 cannot be satisfied with commercial services IAW CRSAW 762, performed by the only approved source, Aero International, LLC. 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, Aero International, LLC 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

Aero International, LLC CAGE: 0SML3

641 S. Washington St.

Alexandria, VA

22314 4109

Phone: 8006013099

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

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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.

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.