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

CONTROLLED UNCLASSIFIED INFORMATION

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 12

(See "Specific Guidance for Completing this Template" after item XII below.)

I. Agency and Contracting Activity.

This Justification and Approval is to request authority for Other Than Full and Open Competition supporting requirements generated for the Air Force Sustainment Center (AFSC), 638 Supply Chain Management Group (SCMG), 409 Supply Chain Management Squadron (SCMS/GUMB). The Contracting Office responsible for this proposed contracting action is the Air Force Sustainment Center (AFSC/ PZAAB). The Purchase Request Number for this contracting action is FD2060-24-00011.

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

Due to the circumstances described herein, the activity requests authority to acquire the repairs listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This action will result in the award of a follow-on contract, which will be a Firm Fixed Price Requirement Indefinite Delivery Contract (IDC) with a basic one-year plus four (4) one-year Ordering Periods. Based on the projected contract award of 25 January 2025, orders can be issued 25 January 2025 through 24 January 2030.

This sole source requirement will be purchased from the following vendor:

L3 Aviation Products, Inc.

1355 Bluegrass Lakes Pkwy Alpharetta, GA 30004-8458

CAGE: 63516

Large Business

III. Description of supplies/services required to meet agency needs.

This requirement is for the repair of the C-130 Aircraft Electronic Flight Instrument (EFI) and the Radar Display Unit (RDU) that are composed of three separate NSNs. National Stock Numbers (NSNs) 6610-01-487-3794LG, Part Number (P/Ns) 429300-001, 429300-000, 429300-300, NSN 6610-01-498-0524LG, P/N 429300-100 and NSN 5841-01-517-7518LG, P/N 427300-200. The RDU is responsible for providing radar displays or electro-optic imagery on Cathode-Ray Tube (CRT) monitors. It is designed to operate with the AN/APN-241 radar and is used for the coordination of aircraft operations.

The EFI processes flight data such as attitude, altitude, air speed, barometric pressure, and displays the results. For this contract, services shall include maintenance services and repair of recoverable items, packaging, handling, storage, transportation and data collection while meeting required performance thresholds. The contractor shall provide management organization, systems and processes to effectively and efficiently accomplish component repair. Contractor shall furnish all material, support equipment, tools, test equipment, and services. The contractor is responsible for providing, maintaining, and calibrating all support equipment required at their facility or a subcontractor's facility.

Contractor furnished material or parts used for replacement shall equal or exceed the quality of the original material or parts. The contractor shall repair and test the EFI and RDU to Original Equipment Manufacturer (OEM) specifications, returning the assets to the Air Force in serviceable condition. Contractor knowledge of the C-130 aircraft platform is pertinent in order to provide analysis, offer recommendations, and comply with timelines established by the Air Force. The contractor shall provide personnel, organization and

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 12

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

The agency's minimum needs can only be satisfied by the unique services available from L3 Aviation Products, Inc as identified as the Original Equipment Manufacturer (OEM). L3 is the only capable source due to their unique proprietary capabilities and qualifications associated with these items as demonstrated in the follow paragraphs. The EFI and RDU are considered highly specialized items that are used on the C-130 aircraft with an expected lifecycle through 2040. They display critical navigation information to the pilot and co-pilot to assist in aircraft navigation. The EFI processes flight data, such as attitude, altitude, air speed, barometric pressure, and displays the results. The RDU specifically is responsible for providing radar displays or electro-optic imagery on CRT monitors. It is designed to operate with the AN/APN-241 radar and is used for the coordination of aircraft operations. As manufactured, these items incorporate the Night Vision Imaging System required for operations during hours of darkness and specially designed software for military use. Historical data reflects that the USAF has a long history of repair of the EFI and RDU with the OEM. L3 most recently was awarded a sole source IDC five (5) year repair contract FA8538-20-D-0003 on 25 January 2020. This contract is set to expire 24 January 2025.

The Government contacted L3 Aviation Products, Inc via email on 18 May 2023 to inquire on their interest in selling the Technical Data Package (TDP) to the Government. In response, L3 stated their TDP is proprietary, and they are not currently interested in selling the TDP or authorizing Government purpose rights to the Government.

L3 Aviation Products, Inc is the OEM of the EFI and RDU. They have the proprietary rights to the TDP. A complete TDP is required in order to repair these items. The Government does not possess any commercial product sheets, test data, qualification data, support manuals or related data that defines the performance and manufacturing characteristics of these items. There is no repair data on these items in its Joint Engineering Data Management Information and Control System (JEDMICS) repository or Technical Order Library to facilitate competition. L3 Aviation Products, Inc possesses the proprietary test equipment and data to test and repair these items to meet the required military specifications.

L3 Aviation Products, Inc is the only qualified source capable of repairing the EFI and RDU due to the proprietary rights. L3 has previously provided EFI and RDU repair services in the form of testing, repair and functional check and certification of items. The repair service sustainment of the EFI and RDU is required to ensure availability of the assets necessary to support mission requirements of the C-130 aircraft.

The repair effort will support backorders, Mission Impaired Capability Awaiting Parts (MICAPs) and Surge requirements in support of the C-130 critical aircraft missions. Therefore, this acquisition will be a follow-on contract for the continued production of highly specialized equipment in support of the C-130 aircraft.

The 409th SCMS/GUMB has determined that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency's requirements. The items complexity and lack of adequate data for the repair, certification and validation testing has resulted in the determination that undertaking a reverse engineering (RE) effort is not economical or beneficial to the Government. Components for repair of the EFI and RDU hardware are still in production, and upgrades to output configuration, obsolescence issues, and test equipment supportability are performed by L3 Aviation Products, Inc. Repair capability and capacity by L3 adequately address sustainment requirements. The estimated reverse engineering cost are based on similar Engineering Projects such as the re-engineering effort for the Caution Advisory Panel Project #3939. The estimated costs for both the EFI and RDU and their anticipated Return on Investment (ROI) are displayed below:

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 7 of 12

V. 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 (SS) / Request for Information (RFI) synopsis was posted to SAM.gov on 2 Mar 2023 with a response date of 3 Apr 2023 under Notice ID FD2060-24-00011. The SS/RFI requested responses from interested vendors that possess the expertise, capabilities, and experience to meet qualification requirements for this effort. There were no responses received.

The requirement will be synopsized in SAM.gov in accordance with FAR 5.201. It is anticipated that sources having an interest in subcontracting may be identified through synopsis. Any source who responds to the Government as a result of this synopsis will be identified to the prime contractor as a potential subcontracting possibility.

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

Based upon (1) certified cost or pricing data provided in the offeror's proposal in accordance with FAR 15.403-4; (2) the program office or expert technical personnel analysis of the offeror's Basis of Estimates;

(3) inputs from the Defense Contract Management Agency, the contracting officer expects to determine the anticipated cost to the Government to be fair and reasonable.

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

Market research was conducted 25 Apr 2023 to 8 Sept 2023 in accordance with FAR Part 10.001 and

10.002. The Market Research Report was completed on 8 Sept 2023. The market research techniques used are as follows:

As described in Section V above, a SS/RFI was posted to SAM.gov advising industry of the pending acquisition and soliciting inquiries from interested vendors. The SS/RFI was posted on 2 Mar 2023 under Notice ID FD2060-24-00011. No interested vendors responded to the SS/RFI.

Queries were conducted within Government databases and various internet searches (SBA Search, GSA Advantage and Google) were performed using North American Industry Classification System (NAICS) code 811210 and keywords “Electronic Flight Indicator (EFI), radar display unit, radar target indicator, flight information display unit” to search for potential vendors. A search for HUB zone, Service Disabled Veteran Owned Small Business (SDVOSB), using Dynamic Small Business Search Engine (http:// dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm), using criteria pertaining to the item description and key words, “flight information display, radar target indicator, and radar display unit” along with NAICS code 811210, no capable small businesses were found. These services are not eligible to be provided by the AbilityOne program ( www.abilityone.gov)

The EFI and RDU do not fit the definition of a commercial item as defined in FAR Part 2.101. This item is defined as military unique and is not customarily used by the general public or by non-Governmental entities. The Government requires parts that meet an exact form, fit, and function as determined by the specific mission. There are no aircraft in the commercial market with the same or similar components.

The market research concluded L3 Aviation Products, Inc is the only vendor capable of fulfilling the

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 8 of 12

Government's requirement.

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

None.

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

See Section V above.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The EFI and RDU are used on the C-130 aircraft with an expected lifecycle through 2040. These items are scheduled to be removed and replaced by the C-130 Avionics Modernization Program (AMP) II Program starting in FY32-FY34. It is anticipated that there will be a need for repair until the items are replaced through the AMP II Program. Full and open competition is not a viable solution as an engineering evaluation has determined the cost to reverse engineer the EFI and RDU as uneconomical. The ROI for this system would not occur until after the end of the life cycle of the aircraft, 2040.

The plan to break barriers to competition in the prior J&A was to continue engaging the OEM on selling the TDP to the Government. The most recent communication with L3 was on 18 May 2023. L3 stated their TDP is proprietary, and they are not currently interested in selling the TDP or authorizing Government purpose rights to the Government. The plan was completed however, the OEM continues to decline sell of the TDP to the Government.

Based on fulfillment of the prior plan, the current J&A does not require higher level approval in accordance with DFARS PGI 206.304(a) (S-70) (ii).

The plan to remove or overcome barriers to competition in the future is to inquiry with the OEM their interest in selling the technical data package to the Government. The OEM will be contacted annually.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. 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.

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 9 of 12

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 11 of 12

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 12 of 12