JA Redacted for Awd Announcement Posting.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

J&A Number: 21-210

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Lakehurst, NJ.

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves on a sole source basis a Firm Fixed-Price contract with The Boeing Company, St. Louis, MO, (CAGE 76301), for the procurement of an Electro-Hydraulic Valve Test Stand (EHVTS), Part Number (P/N) 74D140516-1003 in support of the F/A-18 E/F/G aircraft.

3. Description of Supplies/Services.

This acquisition is for the procurement one (1) EHVTS, P/N 74D140516-1003 in support of the F/A-18 E/F/G aircraft. This item is required to support testing of the various Direct Drive Valve and Electro-Hydraulic Valve subassemblies on the aircraft’s Aileron, Trailing Edge Flap, Leading Edge Flap, Rudder, Stabilator, and Nose Wheel Steering Power Unit Servocylinder and Servovalve Assemblies.

Estimated Dollar Value in Thousands

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.

The Boeing Company is a prime integrator of the F/A-18 E/F/G aircraft and the original designer, developer, and manufacturer of the EHVTS, P/N 74D140516-1001. The Boeing Company is the only source with the requisite knowledge, experience, technical expertise, and technical data to provide the Peculiar Support Equipment (PSE) for the F/A-18 E/F/G requirements. The EHVTS, P/N 74D140516-1003, is the upgraded version of the current U.S.

Navy in-service EHVTS, P/N 74D140516-1001. Any other source would need to possess the drawings/technical data to be able to perform this requirement.

The Government does not possess the drawing/technical data for the F/A-18 E/F/G PSE to support a competitive acquisition. The drawings for F/A-18 E/F/G PSE have been left under The Boeing Company’s Configuration Management and The Boeing Company is the “Design Activity” for the items, not NAWCAD. Furthermore, the production line is still open for PSE and aircraft changes, and PSE is still being incorporated into drawings.

The Boeing Company is the only known qualified source capable of satisfying the U.S. Navy's specific requirements and procurements to existing components. The technical drawing package was designed by and is currently maintained by The Boeing Company. Therefore, the Government cannot provide the necessary technical details to another contractor that fully captures the required specifications for this requirement. Award to another source would result in the unacceptable delays, as another vendor would be required to develop technical data from scratch, which would delay the effort an additional 24-Months just to re-engineer and requalify equipment.

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

Market research and internet searches were conducted by the NAWCAD Engineering team to determine whether any other vendor could satisfy the U.S. Navy’s requirements. The Federal Procurement Data System, Dynamic Small Business Search, Google, Yahoo, and Dogpile internet search engines were queried for potential sources without success. U.S. Navy subject matter experts (SMEs) were queried in an attempt to identify alternative sources. The SMEs confirmed that without the technical data, no other firm would be capable of successfully satisfying this requirement. This confirmed the Engineering team’s assessment that The Boeing Company is the only known source capable of design, development, and manufacturing of the PSE required to support the F/A-18 E/F/G aircraft.

A Request For Information (RFI) was posted on 26 March 2021 through 01 April 2021 to the Beta.Sam web portal. Three responses were received (Stanley Company, Carmel, NY; BAUER, Inc., Bristol, CT; and Testek Solutions, Wixom, MI).

Stanley Company responded to the RFI by providing a snapshot of its capabilities and advised that it designs and manufactures this type of equipment. Stanley inquired as to the availability of technical data/information to allow for a competitive bid. The Government responded in writing on 07 April 2021 that the NAWCAD Technical Team carefully reviewed their capabilities, and advised that The Boeing Company is the prime integrator of the EA-18G and F/A-18 E/F aircraft, and the original designer, developer, and manufacturer of the EHVTS, P/N 74D140516- 1001. The Boeing Company is therefore the only source with the requisite knowledge, experience, technical expertise and technical data to provide the PSE for the EA-18G and F/A- 18E/F requirements. No further correspondence was received.

BAUER, Inc. responded to the RFI and inquired whether a part number test stand was required or would a comparable test stand, capable of testing the Units Under Test (UUTs), suffice. They also asked for a UUT list that the test stand will host. The Government responded in writing on 07 April 2021 that this is a part number requirement and a comparable item would not suffice, and the specialist did not have additional technical information to provide them. In addition, BAUER, Inc. was advised the NAWCAD Technical Team had reviewed their inquiry. BAUER Inc. also was advised that The Boeing Company is a prime integrator of the EA-18G and F/A-18 E/F aircraft, and the original designer, developer, and manufacturer of the EHVTS, P/N 74D140516-1001 and the only source with the requisite knowledge, experience, technical expertise, and technical data to provide the PSE for the EA-18G and F/A-18E/F requirements.

No further correspondence was received.

Testek, Inc. responded to the RFI with the following questions: “Can you please provide the UUT part number(s) or airframes to be tested? Also, does the navy currently have a Hydraulic Power Source for this effort or will we need to include an HPU in our ROM pricing.” The Government responded in writing on 05 April 2021 as follows, “The Boeing Company is a prime integrator of the EA-18G and F/A-18 E/F aircraft, and the original designer, developer, and manufacturer of the EHVTS, P/N 74D140516-1001 and the only source with the requisite knowledge, experience, technical expertise and technical data to provide the PSE for the EA-18G and F/A-18E/F requirements. The 74D140516-1003 EHVTS is the upgraded version of the current Navy in-service P/N 74D140516-1001 EHVTS. The Government does not possess the drawings/technical data to support a competitive acquisition. Any other source would need to possess the drawings/technical data to be able to perform this requirement.”

A Synopsis was posted on 01 April 2021 through 16 April 2021 to the Beta.Sam web portal, and Testek, Inc. responded by providing a statement of capabilities. The Government advised Testek that the Technical Team carefully reviewed their capabilities submittal and found Testek cannot perform the required work because the Navy does not possess the technical drawing package that would allow for a competitive procurement to meet this requirement. The Government advised Testek in writing that the technical drawing package was designed and is maintained by The Boeing Company. Therefore, the Government cannot provide the necessary technical details to another contractor that fully captures the required specifications for the P/N: 74D140516-1003 EHVTS. No further inquiries were received. The Contracting Officer will evaluate any other inquiries received prior to award.

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 The Boeing Company’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 by this J&A.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVAIR Lakehurst does not have adequate drawings/technical data to compete future contracts for the item covered by this document at this time. If another requirement emerges and potential sources for that requirement are identified, NAVAIR will assess whether competition for future requirements is feasible.