Justification_and_Approval 47QFEA23K0009_Redacted.pdf

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JUSTIFICATION AND APPROVAL

JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION

Acquisition No:47QFEA23K0009

BLACK HAWK AVIONICS MAINTENANCE TRAINING SUITE

(BHAMTS)

in support of:

U.S. Army Aviation and Missile Command Utility Helicopters Project Manager’s Office

U.S. General Services Administration (GSA) Federal Acquisition Service

Assisted Acquisition Services (AAS) One World Trade Center , 55th Floor (2QFA)

New York, NY 10007

Interagency Agreement Number:47QFEA23S0002

The General Services Administration (GSA) Assisted Acquisition Services (AAS) makes this Justification and Approval (J&A) for Other Than Full and Open Competition orders pursuant to Federal Acquisition Regulation (FAR) 6.302.

1. Identification of Agency and Contracting Activity:

Agency:

GSA AAS acting in support of the U.S. Army Aviation and Missile Command, Utility Helicopters Project Manager’s Office, located at Redstone Arsenal, Alabama.

Contracting Activity:

Assisted Acquisition Services (AAS) One World Trade Center, 55th Floor (2QFA) New York, NY 10007

2. Nature and/or Description of Action Being Approved:

Sole source award of Contract No:47QFEA23K0009 to Kratos Technology & Training Solutions, Inc., on behalf of the U.S Army’s Foreign Military Sales Program (FMS) and its customer, the Australian Defense Force (ADF) for Black Hawk-M Avionics Trainers (BHAT-M) and UH-60M Maintenance Blended Reconfigurable Aviation Trainer (MBRAT) devices.

3. A Description of Supplies/Services Required to Meet Agency’s Need:

The U.S. Army, on behalf of The Australian Defense Force (ADF), that the General Services Administration’s (GSA) Assisted Acquisition Services (AAS) Division procure and award a contract for (1) UH-60M Black Hawk-M Avionics Trainer (BHAT-M) and two (2) UH-60M Maintenance Blended Reconfigurable Aviation Trainers (MBRAT) devices with 36 months technical support.

Estimated Costs: 8

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

FAR 6.302-4 – International Agreement, full and open competition need not be provided for when precluded by the written direction of a foreign government reimbursing the agency for the cost of the acquisition of the supplies and services for such government.

41 U.S.C. 253(c)(4) as implemented by FAR 6.302-4 -- International Agreement.

In accordance with 41 U.S.C. 253(c)(4). the terms of an international agreement or treaty between the United States Government and a foreign government or international organization, or the written directions of a foreign government reimbursing the executive

CUI//SP-SSEL

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DFARS 225.7304 -FMS customer involvement.

(a) FMS customers may request that a defense article or defense service be obtained from a particular contractor. In such cases, FAR 6.302–4 provides authority to contract without full and open competition. The FMS customer may also request that a subcontract be placed with a particular firm. The contracting officer shall honor such requests from the FMS customer only if the LOA or other written direction sufficiently fulfills the requirements of FAR Subpart 6.3.

The Contracting Officer has determined that the Letter of Offer and Acceptance (LOA) sufficiently fulfills the requirements of FAR Subpart 6.3. Specifically, in accordance with FAR 6.302-4 International agreement, the Australian Defense Force (ADF) has requested Kratos Technology & Training Solutions, Inc. as the sole provider of the required devices, in a letter date 09/17/2022. This request is referenced within the LOA.

5. A Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

The Australian Defense Force (ADF) has recently procured Black Hawk Utility Helicopters, UH-60M aircraft via Foreign Military Sales (FMS). The configuration of the ADF fleet is the same as the U.S Army’s UH-60M aircraft. Along with the aircraft, the ADF has identified a requirement to procure avionics maintenance training devices for their aircraft maintainers via Foreign Military Sales (FMS).

The U.S Army has established a Foreign Military Sales (FMS) program with the country of Australia to provide procurement and support services of Blackhawk Avionics Maintenance Training Suite.

The Letter of Offer and Agreement (LOA) between the United States and Australian Defense Force was signed, 09/17/2022, and provides aircraft sustainment for UH-60M Blackhawk Helicopters’, to include the following:

Training (Maintenance Personnel)

Spare Parts

Field Assistance

The Australian Defense Force, in its request for an award to Kratos Technology & Training Solutions, Inc. cites:

Proven history of exceptional services to the U.S Government on the UH-60M aircraft.

Will reduce cost, turn-around time, and allow for increased operational readiness.

Swift introduction into service and capability realization, particularly in support of a sovereign maintenance training system that aligns with Australia’s regulatory requirements and trade structures.

The Australian Defense Force (ADF) explains that the use of any other contractor would detrimentally impact operational readiness.

6. A Description of Efforts Made to Ensure that Offers are Solicited From as Many Potential Sources as Practicable:

Due to the nature of this acquisition, wherein the country of Australia has specified a particular supplier and is reimbursing the U.S. Government for the costs of the contract, the Government will not undertake efforts to increase competition for this requirement.

This acquisition will not be synopsized, under the exception allowed by FAR 5.202(a)(3) which specifies that the contracting officer need not submit the notice required by 5.201 when the contracting officer determines that the proposed contract action is one for which either the written direction of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, or the terms of an international agreement or treaty between the United States and a foreign government, or international organizations, has the effect of requiring that the acquisition shall be from specified sources

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

To ensure that the pricing awarded under this contract is fair and reasonable, the Government will review, and use for the basis of any negotiations, previously established pricing under similar contracts for the labor categories proposed. The Government will also make a concerted effort to review commercial items and the opinions of our technical experts to ensure fair and reasonable pricing.

8. Market Research:

GSA conducted market research to substantiate Kratos Technology & Training Solutions, Inc. as the awarded contractor by U.S Army to build the MBRAT and BHAT-M trainers for its own fleet. Kratos Technology & Training Solutions, Inc., also has experience in building CH-47F MBRAT for Australia.

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

See paragraph 4.

10. A Listing of the Sources, if any, That Expressed, In Writing, An Interest in the Acquisition:

See paragraph 4.

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 the Supplies or Services Required:

See paragraph 4.

12. Contracting Officer Certification that the Justification is Accurate and Complete to the Best of the Contracting Officer’s Knowledge and Belief

I certify that this Justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that an other than full and open competition approach is in accordance with the requirements and is in the best interest of the Government.

Rick Yao Date Contracting Officer GSA, FAS, AAS Acquisition, Region 2

Technical and Requirements Personnel Assertion:

The Technical and Requirements Personnel assertion is provided as an attachment under the signed LOA.

Final Approval:

I certify that this justification is accurate and complete to the best of my knowledge and belief, and I determine on the basis of the findings above that an other than full and open competition approach is in accordance with the requirements and is in the best interest of the Government.

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Approval Information

Prepared By:

Rick Yao Contracting Officer GSA, FAS, Region 2

Concurred:

Terick Coleman One Level Above Contracting Officer Branch Chief, AAS Division

Lawrence Unger Acquisition Review Board Director, AAS Division

Approved:

Theresa Ramos Competition Advocate

Tony Frater Head of the Contracting Activity,