JOFOC_NNSA-OST_AMSS_4_23_24_1.pdf

NATIONAL NUCLEAR SECURITY ADMINISTRATION

OFFICE OF SECURE TRANSPORTATION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION FOR 8(a) CONTRACT

EXCEEDING $25,000,000

September 13, 2023

Federal Agents and their equipment to conduct various training exercises throughout the continental United States.

To fulfill its airlift missions, OST’s Aviation Operations Division (AOD) owns and operates three large transport aircraft which comprises two (2) Boeing 737-400 “Combi” and one recently acquired Boeing 737-700 “Flex- Combi” aircraft, including various ground support equipment (GSE) such as aircraft towing vehicles, fuel trucks, baggage loaders and carts, lavatory carts, and other electrical/power carts. In particular, OST’s fleet of Boeing 737 aircraft are operated under the requirements of 41 C.F.R. part 102- 33 Public Operations in the National Airspace and flights under OST/AOD’s 14. C.F.R.

Part 125 Letter of Deviation Authority issued by the Federal Aviation Administration’s (FAA) Fort Worth Certificate Holding District Office. The OST aircraft are flown by OST/AOD Federal Pilots with the maintenance of the aircraft performed by an aircraft maintenance support service contractor under 14 C.F.R. Parts 43, 91, 145, and AOD’s Policy & Procedures Manual (PPM) and Maintenance Program Document (MxPD). The OST/AOD Aviation Facility (Hangar 481) is located on Kirtland Air Force Base, Albuquerque, New Mexico.

Accordingly, per this sole-source action, the AMSS Contractor shall be responsible for the following AMSS activities:

1. Hold and maintain a FAA Certified Part 145 Repair Station Certificate with limited ratings in Powerplant (CFM56-3B and CFM56-7B engines), Instrument, and Radio (Avionics) for OST’s fleet of 737 FC aircraft that will be transitioned to a site specific Part 145 for maintenance activities at Hangar 481;

2. Perform comprehensive routine and non-routine aircraft maintenance, documentation, records management, and quality control in support of the AOD aircraft and missions in accordance with all written procedures and processes in a safe, timely, and efficient manner;

3. Ensure that all repairs, inspections, and documentation follow all applicable aircraft, engine, and appliance Airworthiness Directives, Service Bulletins and Service Letters, including all written OST/AOD aviation guidelines, procedures, and processes;

4. Provide Cabin Safety Specialists (CSS) to perform flight attendance and cargo handling and loading duties during all OST mission flights such as securing the aircraft to include chocking of wheels, sealing engines with safety covers, and installing AOD provided door locks; validating the number of passengers, assisting in the loading/unloading of passengers as well as loading and securing all freight and cargo; completing daily maintenance checks; signing the airworthiness release; overseeing aircraft fueling/re-fueling or lavatory services at military bases or fixed-based operators; guide or oversee all service equipment within close proximity of the aircraft; secure the aircraft while at out-stations for overnight parking;

5. Enter into agreement with Boeing for access to the Boeing Toolbox program utilized by AOD to manage the 737 FC maintenance documents;

6. Install or perform modifications to aircraft per FAA’s approved technical data or Supplemental Type Certificate (STC);

7. Maintain, inspect, and track aircraft parts inventory, materials, and supplies furnished by AOD, including ordering replacement parts/spares when directed by

AOD;

8. Perform routine and non-routine maintenance and/or repairs on GSE; and

9. Prepare and launch aircraft based on a variable flight schedule which are normally scheduled one week in advance, including maintaining one alert/emergency aircraft and ready to launch 24/7 within 4 hours of notification to AOD.

The anticipated contract type is a Hybrid of Firm Fixed Price (FFP) and Time and Materials (T&M). The period of performance is anticipated to be April 18, 2024 to October 17, 2029 (inclusive of the 6-month option to extend services period of performance). The estimated value of this acquisition is $37.2M

IV. APPLICABILITY OF AUTHORITY

41 U.S.C §3304(a)(5), as implemented pursuant to FAR 6.302-5(b)(4), specifies that full and open competition need not be provided for when a statute expressly authorizes or require that the acquisition be made from a specified source or through another executive agency. Under Section 8(a) Program of the Small Business Act (15 U.S.C.

637), there is not a reasonable expectation that at least two eligible and responsible 8(a) participants will submit offers at a fair market price. Therefore, pursuant to the Small Business Administration’s (SBA) 8(a) Program (15 U.S.C 637) and FAR 19.808- 1(a), this sole-source justification is being prepared in accordance with the requirements of FAR 6.303-1(a)(1)-(3), FAR 6.303-2(d)(1)-(5), and FAR 6.304 so that SBA may accept for negotiations for a sole source 8(a) contract to an Alaska Native Corporation (ANC) that exceeds $25 million.

V. DETERMINATION THAT A SOLE SOURCE CONTRACT IS IN THE BEST INTEREST OF

THE GOVERNMENT

Yulista Solutions, LLC (Yulista) is an 8(a) ANC and certified 8a SDB under SBA’s 8a Business Development Program who has been determined by NNSA to meet the AMSS Performance Work Statement (PWS) requirements. It is in the best interest of OST/AOD to award a sole source 8(a) contract to Yulista based upon the following:

A. Market Research Activities

The NNSA Contracting Officer (CO) initiated market research for the follow-on AMSS requirement pursuant to FAR Part 10 in early October 2022. The CO first issued a Sources Sought Notice (SSN) and Draft Performance Work Statement (PWS) which was released on FedConnect and SAM.gov on October 6, 2022 with a closing date of

OST/AOD determined that Yulista has the capability to perform the AMSS contract and can maintain OST/AOD’s fleet of 737 FC aircraft. Yulista’s demonstrated capabilities are as follows:

Current Part 145 Certificate with FAA authorized D100 operations specifications that allows work away from station under the Part 145 Certificate.

Staffed with professional aircraft mechanics up to level III and engineers with significant 737 experience.

Significant depth and breadth of experience providing maintenance, logistics, modifications, inflight support, and ground services for over 7000 aircraft and 39 different models (Boeing 777-200ER, C-130, G-III, IV, and V, T-6, UC-35, C-17, UV- 18, C-5, EA-6B, F/A-18, MH 60, CV-22, AH-64, NASA’s Supper Guppy, and F-15 aircraft).

Key leadership and technical personnel with strong aviation experience.

A recruitment/retention plan for the Albuquerque market backed with a full, competitive benefits package.

Capability to support classified/unclassified airlift missions. Maintains security clearances up to Top Secret/Special Compartmented Information (TS/SCI).

Market research indicates that there is not a reasonable expectation that at least two eligible and responsible 8(a) participants will submit offers at a fair market price and considering Yulista’s capabilities, it is in the best interest of the NNSA to award an 8(a) sole source contract to Yulista.

VI. EFFORTS TO IDENTIFY ADDITIONAL SOURCES

In accordance with FAR 5.202(a)(4), the Contracting Officer need not submit the notice required by FAR 5.201 because the proposed action is expressly authorized or required by a statute to be made through another Government agency, including acquisitions from the SBA using the authority of section 8(a) of the Small Business Act. In addition, as discussed in Section VIII Market Research, based on the extensive research that the Government has conducted thus far as discussed in Section V of this JOFOC, the Government does not anticipate additional 8(a) ANC sources who can demonstrate the same level of capability as Yulista. However, the Government will continue to identify additional sources in the future by reaching out to SBA, GSA and other sources, as applicable.

VII. DETERMINATION OF REASONABLENESS OF COST OR PRICE

The Contracting Officer will make a determination of cost/price reasonableness utilizing various methods to include a price analysis incorporating a technical analysis, utilization of historical Government contracts that the contractor has been awarded, an Independent Government Cost Estimate (IGCE), and other market research methods.

Accordingly, it is the determination of the CO that the anticipated costs will be fair and reasonable based on a price analysis of the contractor’s proposal when compared with historical costs, commercial price lists, and the Government’s IGCE.