JA 24-0147 UH-72 USNTPL Other than Full and Open Competition (FINAL)...pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

21983 BUNDY ROAD BUILDING 441

PATUXENT RIVER, MARYLAND 20670-1127

J&A No. 24-0147

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) is for a follow-on, sole source, Indefinite Delivery Indefinite Quantity (IDIQ) contract for the procurement of Performance-Based Logistics (PBL) maintenance support services and sustaining engineering efforts for the UH-72/EC-145 Commercial Derivative Aircraft and equipment with Airbus Helicopters Inc (AHI), the Original Equipment Manufacturer (OEM) that builds the UH-72/EC-145 aircraft. These maintenance and sustainment engineering services will allow for continued support to the Naval Air Systems Command (NAVAIR) United States Navy Test Pilot School (USNTPS) at Patuxent River, MD.

3. Description of Supplies/Services.

This requirement is for commercial PBL services to support five (5) Commercial Derivative UH- 72/EC-145 Helicopters owned by the USNTPS. This includes performing Organizational (O), Intermediate (I), and Depot (D) level maintenance as well as all touch labor for ground support, ground handling equipment (e.g. ground handling wheels, maintenance stands, tow-bars), and logistic support (e.g. replacement parts, spares, and consumable items) required for maintenance support on the USNTPS UH-72 Aircraft. In addition, the requirement includes sustaining engineering for emergent repairs, making modifications based on engineering analysis, and incorporation of USNTPS directed upgrades that includes associated logistics support. With the UH-72 being a commercial derivative version of the Euro-Copter EC-145, there is no organic support from a Department of Defense (DoD) Program Office. As such, the UH-72 Aircraft at USNTPS operate with a Federal Aviation Administration (FAA) issued Supplemental Type Certificate (STC) medium class helicopter. As the OEM for the UH-72 aircraft, Airbus has full control of the aircraft Technical Data Package (TDP). The resulting IDIQ contract will have a five (5) year ordering period anticipated to start on 16 January 2025 and ending on 15 January 2030.

Estimated Dollar Value

J&A Number: 24-0147

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

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)(B), services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the agency’s requirements.

AHI is the sole designer, developer, manufacturer, and integrator of the UH-72 aircraft. As such, AHI is the only responsible source possessing the engineering data, technical skills, special tooling, and the requisite knowledge of the design, fabrication, performance, and operational characteristics to perform the tasks described in paragraph 3.

For required aircraft modifications, test instrumentation incorporation, and Organizational (O), Intermediate (I), and Depot (D) level maintenance, only AHI possesses the complete technical support package (e.g. engineering drawings and instructions, process specifications, tooling, other technical data, source code) that is required to integrate and incorporate aircraft system

As this is a follow-on requirement for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(S-70)(ii).

J&A Number: 24-0147

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

Market research was completed by the NTWL/USNTPS technical team which included reviews of similar maintenance and engineering contracts within the DoD contracts repository systems.

The market research revealed over 100 independent maintenance and engineering contracts with service providers; however, none of the information reviewed demonstrated current business agreements with AHI that would allow the contractors access to the technical data required to fulfill the entirety of the requirements. Market research has shown no available alternate sources and has resulted in the determination that due to the technical data rights unique to this requirement, procurement of these PBL maintenance and engineering services from any other source is not feasible.

Additionally, a sources sought was issued in SAM.gov on 2 February 2024 to determine if other companies could provide the required services

. Five responses were received in response to the sources sought, including responses from Denamita; Phi MRO Services; Vertex; AHI; and M1 Support Services. As the OEM, only AHI was found capable due to the company owning the technical data rights and is therefore the only company capable of supporting the UH-72 aircraft. The sources sought responses for the other four companies were analyzed and determined to be not capable of providing the required services. These companies were all notified in writing of the Government’s determination. In addition, an intent to proceed with a sole source procurement to AHI was posted in SAM.gov on 01 April 2024 and no responses were received.

7. Determination of Fair and Reasonable Cost.

8. Actions to Remove Barriers to Future Competition.

Market research will continually be performed for this requirement to determine if competitive opportunities exist. If other potential source(s) emerge, NAWCAD will assess whether competition for future requirements is feasible. Based on market research, a competitive opportunity does not exist for this requirement.

J&A Number: 24-0147

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

(240) 256-5172 JOHN F. HARDISON Phone No.

Naval Test Pilot School Technical Director

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

(240) 526-8039 MORGAN GIERHART Phone No.

Attorney Advisor

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

TOMECHKO.JOHN.R.1

229003409

Digitally signed by

TOMECHKO.JOHN.R.1229003409

Date: 2024.07.09 18:01:28 -04'00' (410) 610-2262

JOHN R. TOMECHKO Phone No.

Procuring Contracting Officer

APPROVAL

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1), as only one responsible source and no other supplies or services will satisfy agency requirements.

LINDA MOBLEY

Director, Procurement Group Naval Air System Command

GIERHART.MORGAN.E Digitally signed by

GIERHART.MORGAN.ELIZABETH.14881474

LIZABETH.1488147435 35

MOBLEY.LIND

A.1230449127

Digitally signed by

MOBLEY.LINDA.1230449127

Date: 2024.10.01 13:16:56 -04'00'