JA_22-50016 - EBAD_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFED INFORMATION

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I. Agency and Contracting Activity.

United States Air Force

AFLCMC/EBHKB

6072 Fir Avenue, Building 1233 Hill AFB, UT 84056-5805 Contracting Officer: Glen Munk, DSN 777-6503

PR Number(s): FD2020-22-50016

II. Nature and/or description of the action being approved.

A. Upon approval to use other than full and open competitive procedures, the United States Air Force (USAF) will award a new contract to manufacture/procure Cartridge Actuated Devices/Propellant Actuated Devices (CAD/PAD) listed in Section III below for use in the egress system of USAF B-2 Aircraft.

B. The previous IDIQ contract FA8213-20-D-0001 awarded as sole source to Ensign-Bickford Aerospace, & Defense (EBA&D) with ordering periods through 30 June 2021 and deliveries expected through 31 Dec 2022.

Contract award will be awarded to:

EBA&D

640 Hopmeadow Street Simsbury, CT 06070 CAGE Code 96336

C. Contract Type Structure: Non-commercial, single award to procure an estimated total quantity of 32 items utilizing Firm- Fixed Pricing arrangements. The estimated contract award date will be Nov 2021 with period of performance and delivery expected through Nov 2023. No additional contracts will be awarded under the authority of this J&A.

D. Estimated Value: $1,709,568.00

E. Type J&A: Individual

III. Description of supplies/services required to meet agency needs (including the estimated value).

A. Under the contemplated contract, EBA&D will provide the supplies in sustainment of USAF B-2 aircraft. These explosive components perform the specific functions that will allow the aircrew member the means to escape should an aircraft failure occur and are part of the aircraft egress system. The quantities and cost listed below are estimates only:

Item National Stock Number Item Name Est. Unit Cost Est. Quantity Est. Total Cost 1 1377013185643ES Severance Assy LH Horseshoe $55,790.00 8ea $290,844.00 2 1377013185644ES Severance Assy RH Horseshoe $55,790.00 8ea $263,250.00 3 1377013185645ES Severance Assy LH Racetrack $51,058.00 8ea $236,277.00 4 1377013185646ES Severance Assy RH Racetrack $51,058.00 8ea $303,669.00

Total Quantity: Estimated 32 assets

B. There is no feasible actions that can be taken to promote competition during the period of acquisition as described in Section V of this document.

C. Total estimated costs: $1,709,568.00. This action is using appropriated USAF 3011 funds. This estimate is based on contract FA8213-20-F-2500.

IV. Statutory authority permitting other than full and open competition.

10 USC 2304(c)(1) as implemented by FAR 6.302-1(a)(2)(ii): Only one responsible source and no other supplies will satisfy

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V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

A. The USAF minimum needs can only be provided by EBA&D because these highly specialized items containing a unique combination of explosive, firing mechanisms, and having precise interface requirements. EBA&D is the only approved source that has demonstrated the unique design capability, manufacturing knowledge, and possesses the technical data required to manufacture these critical safety-of-flight components and require engineering source approval by the design control activity in order to maintain the integrity of the part and escape system. Therefore, this acquisition will be a follow-on contract for continued production of highly specialized equipment.

B. CED provided top level drawings for cataloging purposes only; cataloging is for assigning a National Stock Number (NSN).

The United States Government (USG) has limited data rights. The last attempt to obtain the data from EBA&D was via email 10 June 2021, by the program manager. EBA&D informed the USG that they are not wiling to relinquish, sell, or enter negotiations for any data rights on EBA&D products.

C. The CAD/PAD Joint Program Office (CAD/PAD JPO) believes that award to any other source would result in substantial duplication of cost to the government in the estimated amount of $2.5M that is not expected to be recovered through competition and unacceptable delays in fulfilling USAF requirements. This cost is based on the creation of technical data rights, development of applicable test fixtures and associated requirements. Current assets, technical data top level drawings, production, and technical guidance are proprietary to the vendor and would require extensive research and development costs to properly reverse engineer equipment to validate requested items.

D. Accordingly, EBA&D is the only firm capable and qualified to provide the items described in Section III above without the USAF experiencing substantial duplication of cost that would not be expected to be recovered through competition and an estimated four (4) to six (6) years in unacceptable delays in fulfilling requirements. This time frame is based on the assumption to develop, test and certify required production and test equipment to validate requested items.

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.

A. Sources Sought Synopsis: A Sources Sought Synopsis FD2020-22-EBAD-Severance Assemblies was posted to Sam.gov on 10 Jun 2021 and closed 25 Jun 2021 requesting information to identify potential second sources possessing the engineering and manufacturing knowledge for items listed in Section III above used on B-2 aircraft. No responses were received.

B. This requirement will be synopsized in Sam.Gov as Notice of Contract Action IAW FAR 5.201. All sources that request a solicitation will be provided one. If the interested sources express intent as a result of this synopsis or other action, they be listed in the official contract file.

C. Other Actions: None

D. Qualifying Country Source: None

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting Officer will comply with the procedures and criteria contained in the Federal Acquisition Regulation (FAR) under Part 30 - Cost Accounting Standard, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4 - Contract Pricing;

include technical evaluations and audits, as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contracting Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The Contracting Office will obtain certified cost or pricing data IAW FAR Subpart 15.403 if the value of an individual contract exceeds $2M. The Final Step is to include the Price Negations memorandum (PNM). Detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be be preprepared upon

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VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

A. As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquires from interested parties.

B. Market research conducted IAW FAR Part 10 included a May 2021 query from the AFLCMC/EBHJ vendor base, as industry summits, workshops, and sources sought synopsis identified in Section VI, Paragraph A.

C. The items listed in Section III are not available commercially nor is any modified commercial item available that will meet all the government's requirement. However, this requirement is a non-developmental item (NDI), and will satisfy the governments need at this time.

D. The current B-2 Aircraft Integrated Product Team revealed that EBA&D is the only qualified vendor, as identified on the 761's that currently has all of the required data and claims rights to the data needed to produce the items identified in Section III.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

No further information.

X. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VI.

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.

The CAD/PAD JPO is in continuous research with vendor base through annual technical interchange meetings, technical workshops, and annual conferences to determine vendor capabilities. The CAD/PAD JPO submits annual annual requests to determine if a specific vendor is interested in selling their data rights. At this time, the Government stands to oversee any self-funded qualifications efforts that may be initiated by potential vendors to become a qualified second sources for the components listed in Section III for this or any future procurement actions. If another source becomes qualified during the course of this contract, the program will consider terminating this contract and competing any additional requirements.

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.