KC-46 A2PATS Sole Source JA_Redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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CLIN Description Unit Qty Price Extended Price 0001 KC-46 A2PATS FPGA CCA and Daughter EA 1 Card Assembly part #40520-40030-10 0002 KC-46 A2PATS Synthetic Stimulus Instrument EA 2 w/0 MMW part #40491-41000-150 0003 KC-46 A2PATS 1 Year Service Plan EA 1 Part #A2PATS-ESP-1

Estimated Total:

IV. Statutory authority permitting other than full and open competition.

AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C.

1901)

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The Advanced Architecture Phase, Amplitude and Time Simulator was previously procured using full and open competition and awarded to Textron in 2019 under contract number FA8625-11-C-6600. The A2PATS is solely manufactured and maintained by Textron only; therefore, the support plan and spare parts for the A2PATS are also solely manufactured and maintained by Textron. The required A2PATS extended service plan and spare parts are proprietary products and services to Textron, which are manufactured, owned, sold, distributed and supported only by Textron. At this time, Textron does not have any certified resellers.

The Mission Partner (MP) provided information directly from Textron, the manufacturer of the A2PATS extended service plan and spare parts, showing they are the sole manufacturer of these products and the only source that can provide the extended service plan. On 15 February 2022, the 763 ESS contracting team had a teleconference with Textron and it was confirmed that they are the only manufacturer and seller of these products and service plan. There are no authorized resellers of these products or service plan at this time.

The Government has determined that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. Textron does not have any authorized resellers or teaming partners to provide the required products or service plan. The cost of acquiring a new RF SIM is estimated at $5M. The subsequent cost of purchasing a new simulator along with the required extended service plan and spare parts would far exceed the cost to maintain the existing simulator. The costs associated with a new simulator were verified with the MP and based on the most recent simulator purchase.

Additionally, procuring a new simulator would result in an unacceptable delay in fulfilling the Air Force's requirements. If the Government were to procure a new simulator, the estimated lead time would be 12-18 months. In addition to the production lead time of a new simulator, the acquisition process is estimated to take 6-12 months totaling 18-30 months. This would leave the Government without a working simulator to support Air Force pilots which is considered an unacceptable delay.

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

As mentioned in Section V above, Textron confirmed that they are the only manufacturer and seller of these products and service plan via a telecom with the 763d ESS. Furthermore, on 02 March 2022, the 763 ESS posted a Sources Sought notice to Sam.gov. The Sources Sought notice requested interested businesses

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 5April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 5 submit a brief capabilities statement which provided information on whether or not the contractor was capable of providing a service plan and spare parts for the A2PATS. The Sources Sought closed on 04 March 2022 and one response, from the Original Equipment Manufacturer (OEM), Textron (Cage Code: 97384, Large Business), was received.

In accordance with (IAW) FAR 12.603, Streamlined Solicitation for Commercial Items, and FAR 13.105, Special Documentation Requirements, a combined synopsis/solicitation will be issued on beta.SAM.gov. This procedure combines the synopsis required by FAR 5.203 and the issuance of the solicitation into a single document.

Theapproved Sole Source Justification will be made publicly available within 14 days after contract award, IAW FAR13.501(a)(1)(iii).

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will determine the price fair and reasonable based on price analysis for commercial items as described in FAR Part 13.106-3. The proposal will be evaluated for technical compliance with respect to the combined synopsis/solicitation requirements. In accordance with FAR 13.106-3(a)(2)(i), the contracting officer shall determine prices fair and reasonable by comparison of the information obtained through market research for similar commercial items.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted through discussions with the Original Equipment Manufacturer, Textron and a Sources Sought. The required A2PATS extended service plan and spare parts are proprietary products and services to Textron, which are manufactured, owned, sold, distributed and supported only by Textron. At this time, Textron does not have any certified resellers.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

None.

X. List of any sources that expressed, in writing, an interest in the acquisition.

Textron Systems Corporation confirmed via a teleconference on 15 February 2022 that they are interested and the only possible source for this acquisition.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

As mentioned in Section V above, the A2PATS was previously procured using full and open competition and awarded to Textron. The A2PATS was specifically developed for the KC-46 program during the Research and Development stages of the KC-46. The A2PATS is solely manufactured and maintained by Textron. Therefore, the support plan and spare parts for the A2PATS are also solely manufactured and maintained by Textron. The A2PATS as well as the products, services, data rights, etc. to support the A2PATS are proprietary products and services to Textron, which are manufactured, owned, sold, distributed and supported only by Textron. At this time, Textron does not have any certified resellers.

The Government will continuously communicate with Textron to determine if there are any approved resellers in the future. Additionally, the Government will continuously evaluate the opportunity to procure data rights

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 5April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 5 associated with the A2PATS as well as new technology for use as it enters the market in order to provide for additional solutions in the future.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.