JA - Sikorsky FSR - Approved_Redacted.pdf

U.S. Customs and Border Protection

Sole Source Justification

For contracts or orders above the Simplified Acquisition Threshold (SAT) Simplified Procedures for Commercial Items Procurements Exceeding the Simplified Acquisition

Threshold (SAT) pursuant to FAR Subpart 13.5

Version 4.0 April 2024

SOLE SOURCE JUSTIFICATION

January 14, 2025 Pursuant to the requirements of 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) subpart 13.5 and consistent with the content requirements of FAR 6.303-2.

1. Agency and Contracting Activity.

The Department of Homeland Security, U.S. Customs and Border Protection (CBP), Aviation, Maritime, and Border Technologies Contracting Division (AMBTCD) proposes to enter a contract with Sikorsky Support Services, Inc. on a sole source basis.

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

CBP intends to award a sole source contract to Sikorsky Support Services, Inc. in accordance with FAR 13.5, Simplified Procedures for Certain Commercial Items under the authorities of section 1901 of 41 U.S.C.

The proposed contractor is:

Sikorsky Support Services, Inc.

6900 Main Street Stratford, CT 06614

3. Description of Supplies/Services.

CBP awarded Firm-Fixed Price Contract 70B02C20P00000351 to Sikorsky Support Services, Inc. on April 1, 2021, for technical, and logistical support services for CBP’s H-60 Blackhawks (23 each). This contract expires March 31, 2025.

Consequently, CBP has CBP requires the ongoing and continued services to support the aforementioned services without interruptions. In order to satisfy this requirement, CBP desires to award a new contract to Sikorsky Support Services, Inc for a Base and four Option Years. Therefore, approval is requested to provide authorization to acquire Field Service Representative Services on a sole source basis to facilitate uninterrupted maintenance support.

The Field Service Representative (FSR) services to be acquired are for technical assistance and support services for CBP’s fleet of Sikorsky Aircraft and products. This will include H- 60 and other Sikorsky aircrafts that may be introduced to CBP’s fleet during the performance periods of the contract. Additionally, the continued services will provide engineering, technical and logistical assistance support for tasks such as equipment repairs/modifications software upgrades or engineering changes, software reprogramming on all aircraft, as well as resolving material and equipment support issues. The total estimated value and anticipated period of performance is detailed in the following table: This action is being taken in accordance with 41 U.S.C. 1901 as implemented by FAR subpart 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services.

Year PERFORMANCE PERIOD QT

Y

UNIT EST. COST

FY25 (Base) April 1, 2025 – March 31, 2026 12 MOS FY26 (Opt 1) April 1, 2026 – March 31, 2027 12 MOS FY27 (Opt 2) April 1, 2027 – March 31, 2028 12 MOS FY28 (Opt 3) April 1, 2028 – March 31, 2029 12 MOS FY29 (Opt 4) April 1, 2029 – March 31, 2030 12 MOS

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

This action is being taken in accordance with 41 U.S.C. 1901, as implemented by FAR subpart 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

CBP AMBTCD intends to acquire Sikorsky Support Services, Inc. FSR services for technical assistance and support service for CBP’s fleet of Sikorsky Aircraft and products on a sole source basis, in accordance with 41 U.S.C. 1901 as implanted by FAR 13.501(a)(1), as Sikorsky Support Services, Inc. FSR is the only source capable of providing the technical assistance and support service needed for this requirement.

Sikorsky is the original aircraft manufacturer of the H-60 aircraft. The aircraft and systems were designed, developed, verified, validated and tested by Sikorsky Aircraft.

The technical support required for the Sikorsky aircraft consists of proprietary information, such as drawings, schematics and a number of other technical expertise, data, specifications, certifications, and licensing that make these specific FSR services uniquely attached to the Original Equipment Manufacturer (OEM). Sikorsky does not license out this proprietary information to other vendors, making the OEM the only source for this requirement.

Further, use of Sikorsky FSR is critical in ensuring that the aircraft maintain airworthiness status, as defined by both the Federal Aviation Administration, which is the air worthy authority for U.S. Army Engineering Directorate (AED), which is the air worthiness authority for CBP H-60 Black Hawks.

The Field Service Representative must have access to both the Sikorsky Aircraft data, and the Sikorsky Aircraft Corp. proprietary airframe related data to maintain the aircraft to perform the required services. This data is shared with AED to ensure all modifications and non-standard repairs are conducted within US Army and OEM guidelines and quality assurance practices.

Additionally, the original H-60 aircraft stress test data is solely owned by Sikorsky Aircraft Corp. Without stress test data, certain major modifications cannot be responsibly performed without risking flight safety implications. Development of government owned data to replace the proprietary data is price prohibitive.

Based on the above, Sikorsky is the only company with the unique knowledge and expertise to perform the required work.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

In accordance with FAR 5.201, a Notice of Intent to award a sole source contract for the Field Service Representative Requirement to Sikorsky Support Services, Inc. will be posted on SAM.gov, with responses due two weeks after the date the notice is posted.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer has determined that the anticipated price(s) will be fair and reasonable as historical contract prices incurred during performance of FSR Services contract # 70B02C20P00000351 that was previously awarded to Sikorsky Support Services, Inc. are available for comparison purposes.

In addition, the Contracting Officer will perform Price Analysis in accordance with FAR Subpart 15.4, to ensure that the negotiated contract price will be fair and reasonable.

Historical pricing data, escalation factors, and the Independent Government Cost Estimate (IGCE) will be used to assist with determining the price to be fair and reasonable.

8. Description of Market Research.

Market Research was conducted via internet searches, seeking information on any parties capable of the Field Service Representative services in support of CBP’s fleet of Sikorsky aircrafts. No other source was discovered other than Sikorsky. AMO Conducted internet market research on the GSA Schedule and DHS Strategic Sourcing contract vehicles in search of vendors capable of providing FSR support for the entire aircraft. While there are Field Services Representative Support Services on the GSA schedule, none of them are capable of providing support for the entire aircraft (air frame, engine, transmission and other complex aircraft systems). Utilization of the GSA to fulfill this requirement would require multiple task orders and would not be able to provide support for the airframe. Upon conducting a search on DHS Strategically Sourced Contracts, it was determined that there is no Strategic Sourcing Contract available for this type of work. Given these findings it was determined that neither GSA, nor DHS Strategic Sourcing Vehicles could fulfill this requirement. Searching on GSA we found several vendors (Amentum, Helicopter Services, Inc and Priority One Solutions) who can support equipment on the aircraft but not the entire airframe.

CBP will post a notice of intent to sole source award to FBO. Any contractors that are able to meet the requirement will have the opportunity to inform CBP and provide confirmation that they are able to provide a service that meets the stated requirements.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

Sikorsky Aircraft Corp, the OEM, maintains that its proprietary data such as drawings, designs, blueprints, stress analysis engineering databases, etc. are not for sale. This marketing posture has been verified through the U.S. Army’s H-60 Programs and Engineering offices.

The criticality of access to this information for the safe performance of this contract cannot be overstated.

Should this sole source effort not be awarded, the H-60 aircraft assigned to the respective sites would be unable to complete the assigned missions and equipment repairs.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the

Acquisition.

No sources have expressed written interest in this acquisition.

11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

CBP will continue to interact and collaborate with industry in search of existing and emergent cutting-edge technologies to enhance CBP’s ability to perform its mission.

A competing company would need to start development of their own equivalent source data to perform the required services for CBP. This option is neither timely nor cost effective to the Government.

Due to the critical necessity for use of Sikorsky Support Services, Inc. proprietary data to perform the Field Service Representative support requirement, it is unrealistic to overcome the barriers that preclude the consideration of other vendors to increase competition.

12. Planning and Funding Statement.

This acquisition is being submitted in a timely fashion and does not suffer from a lack of planning nor a lack of funds.

13. Posting Requirement. CBP will post this justification pursuant to FAR 13.501(a)(1)(iii) and 6.305.

For contracts or orders above the Simplified Acquisition Threshold (SAT)

Simplified Procedures for Commercial Items Procurements Exceeding the Simplified Acquisition Threshold (SAT) pursuant to FAR Subpart 13.5

Version 4.0 April 2024

REQUISITION/PROGRAM OFFICE CERTIFICATION

I certify that the foregoing justification is accurate, meets the Government’s minimum needs and contains complete information necessary to support the action described in this document and the authority cited.

Office:

Name: (Print):

Title:

Date:

CONTRACTING OFFICER CERTIFICATION/APPROVAL*

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

* In accordance with FAR 6.304(a)(1), CO certification of a J&A for a requirement not exceeding $750,000 shall constitute approval of the J&A.

S

16. COMPETITION ADVOCATE (Per FAR 6.304(a)(2) - Over $750,000 to $15M)

Approved Disapproved

Name (Print): ________________________ Competition Advocate

Date: _____________