JA 3949AS100-2 Portable Oxygen Regulator Test Set (PORTS).docx

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 (J&A) authorizes and approves on a sole source basis the procurement of two (2) Portable Oxygen Regulator Test Stands, P/N 3949AS100-2 from Aerospace Control Products, Inc. (CAGE: 58918), Davenport, Iowa. These assets are required to support the Japan Air Self Defense Force (JASDF) E-2D Program Foreign Military Sales Case JA-P-SCL, Letter of Offer and Acceptance dated 07 July 2016. The resultant contract will be Firm Fixed-Price.

3. Description of Supplies/Services.

The Government has a requirement to procure two (2) Portable Oxygen Regulator Test Stands, P/N 3949AS100-2 for the JASDF. The JASDF is requiring a Portable Oxygen Regulator Test Stand that will test and calibrate aviator’s oxygen masks and regulators to insure breathing quality.

See Appendix A for Estimated Dollar Value

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

10 U.S.C. 2304(c)(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 designer, developer and Original Equipment Manufacturer (OEM) of the Portable Oxygen Regulator Test Stands, and as such, Aerospace Control Products, Inc. is only company that has the requisite knowledge, sufficient technical data, drawings, and trained technical personnel to provide these assets. The data rights for these items are proprietary to Aerospace Control Products, Inc. and have not transitioned to the Navy to support a competitive acquisition.

Any attempt to procure an alternate asset would require the Government to fund a Preliminary Design Review, Critical Design Review, First Article Test, and Test & Evaluation effort to identify a new vendor. Any change in form, fit or function would require changes to the existing Integrated Logistics Support (technical publications, spares inventory, calibration) which would incur additional costs for update. The cost of these items are low and any redesign would not be realistic in comparison.

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 performing a web search on the items by part number and nomenclature, which resulted in no other vendors being identified that can provide these items. The Sources Sought Notice required by DFARS 206.302-1(d) was published on the Federal Business Opportunities (FBO) website on 23 September 2019 and closed on 30 September 2019 and no inquiries were received.

In accordance with FAR 5.201(b)(1), this requirement was synopsized on the FBO website on 10 October 2019 and closed on 25 October 2019 and no inquiries were received. Any responses received prior to contract award will be evaluated by the Contracting Officer.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. An analysis of Aerospace Control Products, Inc.’s proposal will be performed by technical analysts and contract specialists, with the assistance of Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA) auditors as needed. The Contracting Officer will analyze the various cost elements that are presented in the proposal, as well as review the actuals from previous procurements, if applicable. The Contracting Officer will use Government expertise, including DCMA, DCAA, and other Government resources, to evaluate the proposal material, labor, and subcontracts. A detailed report, developed as part of the Government evaluation, will be utilized to establish a NAWCAD position. As discussed in this paragraph, the Contracting Officer will use cost and price analysis as the basis for negotiating a fair and reasonable price for the supplies and services covered under this J&A.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, NAVAIR has no plan at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.

Appendix A

Estimated Dollar Value in Thousands

$279

Total

$279

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

J&A_20-0044 J&A_20-0044

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.

Technical Cognizance:

(732) 323-5050

Requirements Cognizance:

(732) 323-4446

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

(732) 323-2131

CONTRACTING OFFICER CERTIFICATION

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

(732) 323-7395 image1.wmf