JA W58RGZ24R0058_Redacted Final.pdf

Solicitation: W58RGZ-24-R-0058

Justification Review Document for Other than Full and Open Competition

Federal Acquisition Regulation (FAR) Part 6

Program/Equipment: Aviation and Missile Command (AMCOM) Logistics Center (ALC) requirement for maintenance and overhaul of the Data Acquisition Unit for the UH-60.

Authority: Title 10 United States Code Section 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), �Only one responsible source and no other supplies or services will satisfy agency requirements.�

Amount: $3,070,210.00

Prepared by:

Typed Name:

Title: Lead Inventory Management Specialist

E-mail:

DSN:

Date:

Contracting Officer:

Typed Name:

Title: Contracting Officer

E-Mail:

DSN:

Date:

Technical Representative:

Typed Name:

Title: Lead Inventory Management Specialist

E-Mail:

DSN:

Date:

Requirements Representative:

Typed Name:

Title: Director, Sourcing Directorate

E-Mail:

DSN: N/A

Justification and Approval for Other than Full and Open Competition � FAR Part 6

1. Contracting Activity: Army Contracting Command � Redstone Arsenal (ACC-RSA), ATTN: CCAM-ALB, Redstone Arsenal, AL 35898-5000.

2. Description of Action: The Aviation and Missile Command (AMCOM) Logistics Center (ALC) requests approval to award a new sole source procurement for overhauling the Data Acquisition Unit. The resulting contract will be a single-award, Firm-fixed Price (FFP), one-time buy, overhaul contract to the following contractor:

Sikorsky Aircraft Corporation (Sikorsky), CAGE Code UEI: ;

6900 Main St, Stratford, CT 06614; Large Business

A quantity of each will be overhauled using Army Working Capital Funds.

3. Description of Supplies/Services: ALC has a requirement to provide the maintenance and overhaul of the Data Acquisition Unit. The contractor shall furnish all services, facilities, labor, parts, materials, equipment, tools, and data necessary to complete the inspection and overhaul. The following information is provided for the Data Acquisition Unit:

PRID: RB714

PRON: AX5M3260AX

SYSTEM: UH-60

Noun: Data Acquisition Unit Input/Output NSN: 6610-01-557-9608 Input/Output P/N: 70600-03811-101

CSI: NO

Quantity: each Total Estimated Dollars:

Contract Type: One-Time Buy

The estimated US requirement quantity is for the entirety of the contract, with a total estimated dollar value of the proposed procurement of This calculation is based on utilizing the Maintenance Expenditure Limit (MEL) of each, multiplied by the quantity of The MEL can be found in the Independent Government Estimate.

The Current Replacement Cost is and 65 percent of the Replacement Cost is

This contract will expire one year after contract award.

4. Authority Cited: Title10 United States Code Section 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), �Only one responsible source and no other supplies or services will satisfy agency requirements.�

5. Reason for Authority Cited: The proposed acquisition requires the use of the cited statutory authority because technical data is not available to the Government for the Data Acquisition Unit overhaul requirement. The Government does not have the necessary access to the technical data needed to compete the requirement. All the technical data for this requirement is proprietary and owned by Sikorsky; therefore, Sikorsky is the only source who has the proprietary rights necessary to perform this acquisition. At this time, no other sources have access to, or have authorization to use the technical data package for this requirement, therefore, no other sources can compete for this award. Should a new source acquire the proprietary data from Sikorsky during the contract period of performance, the new source can compete in future procurements.

6. Efforts to Obtain Competition: In accordance with DFARS 205.205- 71, DFARS 206.302-1(d), and DFARS Procedures, Guidance, and Information (PGI) 206.302-1 (d), a Sources Sought announcement was publicized on SAM.gov on 21 December 2023 and ended on 05 January 2024. As of 25 January 2024, no sources expressed interest in this acquisition. This acquisition will be synopsized in SAM.gov on or about 31 January 2024.

Subcontracting Competition: IAW FAR 19.702 and FAR 19.704, a Subcontracting Plan is required for this acquisition, as it exceed $750K. According to FAR 19.704, the contractor must include FAR 52.219-8, entitled �Utilization of Small Business Concerns�, in all subcontracts that offer further subcontracting opportunities and shall require all subcontractors, except small businesses, that receive subcontracts in excess of $750K to adopt a plan that complies with the requirements of the clause at FAR 52.219-9, �Small Business Subcontracting Plan�. Per FAR 44.204(c), the solicitation and resulting contract will include the FAR clause 52.244-5, entitled �Competition in Subcontracting� and DFARS clause 252.219-7003, entitled �Small Business Subcontracting Plan (DoD Contracts)� to ensure that all subcontracts are awarded on a competitive basis to the maximum extent possible.

7. Actions to Increase Competition: As stated previously in paragraph five, technical data is not available to support full and open competition, and the Government does not have an adequate DMWR to compete this requirement. Overhaul of the Data Acquisition Unit requires the use of proprietary data and parts. Sikorsky owns the technical data and parts, and has not licensed them to the Government in a manner that would allow for full and open competition. As a result, there are currently no actions that the Government can take to increase competition, and the Government does not anticipate being able to compete this action in the future.

8. Market research Report/Commerciality Determination Report (MRR/CD): In accordance with FAR 10.002(b) meaningful market research for AX5M3260AX was conducted by the Inventory Management Specialist, AMCOM Logistics Center, in the last 12 months (with specific dates for each step listed below). Research methods included the following: (a) Personal knowledge in procuring supplies/services of this type: (b) Contacting knowledgeable persons in Government during September 2023 (to include an Inventory Management Specialist); (c) Publication of a formal request for information in the form of a sources sought notice issued on 21 December 2023 (d) Review of Government and/or commercial databases for relevant information in September 2023 (Interactive Configuration Management and Procurement Program (ICAPP), Logistics Modernization Program (LMP), Federal Logistics Data on Mobile Media (FEDLOG), and ARISE).

The source revealed from a search of those databases is Sikorsky. As previously noted, the sources sought notice was published on 21 December 2023. No sources expressed interest in response to the sources sought. Based upon this market research, it has been determined that the Government's needs cannot be satisfied with commercial items, commercial items with customary or reasonable modification, or non- developmental items. Based upon the above, the basic clauses and provisions prescribed in FAR Part 12 are not sufficient for use in this acquisition and will not be utilized. As determined by the market research, the only capable source authorized to perform the required overhaul is Sikorsky.

9. Interested Sources: The results of the Sources Sought announcement are addressed in paragraph six (6) of this document. There is a reasonable basis to conclude at this time, that the agency�s minimum needs can only be satisfied by the OEM, Sikorsky. All notices required by FAR 5.201(b)(1)(i) will be published, and any proposal received shall be considered.

10. Other Facts:

a. Procurement history:

(1) The Data Acquisition Unit has been overhauled by Sikorsky.

NIIN DATE CONTRACT UNIT UNIT PRICE TOTAL CAGE

CODE

COMPANY

015579608 4/23/2020 W58RGZ17D0093 EA Sikorsky Aircraft Corporation

(2) The above acquisition was a Sole Source acquisition.

(3) The Authority cited for the above procurement history is Title 10 United States Code (U.S.C.) Section 3204(a)(1) as implemented by paragraph 6.302- 1(a)(2)(iii)(B) of the FAR entitled, "Only one or a limited number of responsible sources and no other supplies or services will satisfy agency requirements."

(4) The Data Acquisition Unit is not a CSI.

(5) No prior contracts were competed using full and open competition.

(6) No unusual patterns have been revealed by the history of this action.

(7) There have been no changes since the previous procurement.

b. Other Facts: There are no other facts to present that have not been previously stated.

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of up to 200 overhauls of the Data Acquisition Unit for the UH-60 aircraft, in the amount of $3,070,210.00 on an other than full and open competition basis pursuant to the authority of Title 10 United States Code Section 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), �Only one responsible source and no other supplies or services will satisfy agency requirements�, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.

DATE: Signature: