JA_25-0195 - PORTS - Final - REDACTED.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT

DIVISION LAKEHURST ROUTE 547

JOINT BASE MDL NEW JERSEY 08733

J&A Number: _____

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Lakehurst, NJ

2. Description of the Action Being Approved.

This Justification and Approval authorizes and approves, on a sole source basis, a contract action with Aerospace Control Products, Inc. (CAGE 58918) for the manufacture of the Portable Oxygen Regulator Test Stand (PORTS)(Part Number (P/N) 3949AS100-3, National Stock Number (NSN) 4920-01-698-8227) used at the intermediate level of maintenance for the CV-22 Aircraft

3. Description of Supplies/Services.

This acquisition is for the manufacture and delivery of PORTS (P/N 3949AS100-3, NSN 4920- 01-698-8227). The PORTS is a portable test stand capable of testing all aviator’s breathing oxygen regulators. These PORTS are used for intermediate level of maintenance.

This requirement includes base and option quantities; quantity five (5) for the base period and quantity five (5) for the option period. The PORTS will be delivered six (6) months after contract award for the base period and six (6) months after option exercise for the option period. The estimated dollar value is ___ of Budget Project (BP) funds as set forth in the table below.

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

10 U.S.C.3024(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Aerospace Control Products, Inc. is the Original Equipment Manufacturer (OEM), designer, developer, and manufacturer of the PORTS (P/N 3949AS100-3, NSN 4920-01-698-8227), and the technical data, drawings, and proof load procedures for the PORTS is proprietary to Aerospace Control Products, Inc. Since Aerospace Control Products, Inc. owns the technical data, drawings, and proof load procedures for the PORTS, they are the only source with the knowledge and technical expertise to produce the PORTS. The Government contacted Aerospace Control Products, Inc. via e-mail, on 27 January 2025 to ask if technical data, drawings, and proof load procedures could be acquired for this part. The Government discussed buying the technical data rights, drawings, and proof load procedures for this part with Aerospace Control Products, Inc., and the Contractor informed the Government ------------------------------------------- -----------------------------------------------------------------------------------------------. The V-22 Program does not have the necessary funding available to procure the technical data package.

Aerospace Control Products is the only source that possesses the technical data, drawings and proof load test procedures to manufacture the PORTS, therefore, a competitive package cannot be developed.

Award to another source would require the need to develop, test, re-qualify, update technical publications, and provide training for the new equipment. The development effort would result in an estimated ----------------- delay due to required non-recurring engineering efforts. The effort to then test and re-qualify the new equipment would result in an ---------------- delay in order to obtain the appropriate Government approvals. The effort to update the technical publications and provide the necessary training for the new equipment would result in an additional --------- delay.

This total estimated ---------------- would result in significant delays in fielding the equipment to the CV-22 fleet. This delay would additionally impact the CV-22 Fleet by limiting their capacity to conduct scheduled intermediate level maintenance on the portable oxygen regulators. This puts the pilots in potential danger due to the inability to conduct maintenance on these oxygen regulators. Therefore, the efforts described herein cannot be performed by another source other than Aerospace Control Products, Inc.

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

In accordance with FAR Part 10, market research was conducted by the requirements office to determine the most suitable approach for this acquisition. Market research included internet searches conducted by the NAWCAD V-22 Engineering team to determine whether any other vendor could satisfy the Navy’s requirements. The Federal Procurement Data System, Dynamic Small Business Search, Google, Dogpile, and Bing internet search engines were queried for potential sources. No additional sources other than Aerospace Control Products, Inc. were identified.

In accordance with Defense Federal Acquisition Regulation Supplement Procedures, Guidance and Information 206.302-1, and in an effort to identify possible sources for this requirement, the NAWC-AD Lakehurst Procurement Department posted a Sources Sought notice/Request for

Information (N68335-25-RFI- 0375) on the SAM.gov website on 9 March 2025 through 24 March 2025. No responses were received.

As required by FAR 5.201, the proposed contract was synopsized on the SAM.gov website (N68335-25-R-0375) from 25 March 2025 through 9 April 2025. The Government received two

(2) responses from ---------------------------------------- and ------------------------------------------------ ----. All responses were determined not to be capable of meeting the requirement by the technical evaluator. The two (2) responding companies were provided with written responses that their respective company was determined not technically capable of meeting the requirement on 10 April 2025. Following distribution of the written responses to each company, no additional correspondence was received. Any responses received prior to contract award will be evaluated by the Contracting Officer.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, NAWC-AD has no plans to compete future contracts for the PSE being procured. If another potential source emerges, NAWC-AD will assess whether competition for future requirements is feasible.