09-195C Lot 7(FY10) Lot 8(FY11) Aircraft.pdf

DEPARTMENT OF THE NAVY •

NAVAL AIR SYSTEMS COMMAND

NAVAL AIR SYSTEMS COMMAND HEADQUARTERS

47123 BUSE ROAD. UNIT IPT BUILDING

PATUXENT RIVER, MARYLAND 20670-1547

CJ&A No. 09-195C

CLASS JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NA VAIR) Naval Air Systems Command Headquarters Major Weapons Systems for Air ASW, Assault and Special Mission Programs Department, AIR 2.3.1.3 4802 Bronson Road, Building 2805, Patuxent River, MD 20670 POC: Craig Simpson (301) 757-5301

2. Description of Action Being Approved. This Class Justification and Approval (CJAA) authorizes and approves sole-source award of the acquisition of Lot 7 (FYIO) and Lot 8 (FYll) aircraft and associated equipment and services to Bell Helicopter Textron, Incorporated (BHTI) in Fort Worth, TX, for the Low Rate Initial Production of the H-I upgrades program. Authority to award under this CJ&A expires on 30 September 2012.

3. Description of Supplies/Services. The production of aircraft are in the estimated quantities of 16 UH-I Y s, 10 Remanufactured AH-IZs, 2 Remanufactured AH-IZs for Overseas Contingency Operations (OCO) (Funding Pending), and 2 New Build AH-IZs for Lot 7, FYIO. Lot 8, FY II estimated production quantities are 16 UH-1Ys, 4 Remanufactured AH-1Zs, and 2 New Build AH-IZs. Actual aircraft quantities procured will be in accordance with quantities approved by Congress. Production consists of building new UH-IY s and remanufacturing AH -lZs from AH I Ws along with New Build AH-IZs. Also included in this procurement is Systems EngineeringlProgram Management (SElPM). Support Equipment and Tooling, publications, Logistics support, installation of Goverornent Furuished Equipment (GFE). assembly. test, and delivery of the AH-I Z and UH-l Y aircraft and related requirements. The related requirements include, but are not limited to quality assurance, reliability and maintainability programs, technical, administrative, and financial data requirements, spares, provisional supplies and services for training, logistics, engineering and administrative support.

The funding profile for these actions are shown below.

• • CJ&A No. 09·195C

H-I Upgrades Budget, Funding, and Appropriation Information

Program Element: 0206131M

Budget Line Item: 017800

FUNDING ($M) IN THEN·YEAR DOLLARS

i Type of

FYIO FYll Total Funding : Aircraft $526.5 $496.1 $1022.6 APN-1

Spares $9.5 . $21.5 $31.0 • APN-6 Total $536.0 $517.6 $1053.6 !

4. Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is Title 10 U.S.C. Section 2304(c) (1) as cited in the Federal Acquisition Regulation (FAR) 6.302·1. "Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements."

5. Rationale Justifving Use of Cited Statutory Authority. Since inception of the H-l upgrades aircraft, BHTI has been the sole desiguer, developer, and manufacturer of the H-l weapon system. BHTI was awarded the Engineering Manufacturing & Development (EMD) contractin 1996. BHTI is the only sow-ce with the requisite knowledge and experience to complete development, integration, and production of the H-l to meet the United States Marine Corps (USMC) requirements. The USMC does not have a complete technical data and computer software package, nor sufficient license rights in the technical data and computer software delivered to date necessary to conduct a competition, and BHTI will not sell such a package to the Navy. Therefore, BHTI is the sole source that can complete these requirements.

6. Description of Efforts Made to Solicit Offer from as Many Offerors as Practicable.

In accordance with FAR 5.201, a Presolicitation Notice was posted to the Federal Business Opportunities (FedBizOpps) website on 16 September 2009. To date, no responses to this announcement have been received. Any responses from interested sources will be evaluated by the Contracting Officer prior to award of the contract. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than BHTI to provide the required supplies and services.

7. Determination of Fair and Reasonable Costs. The negotiation and establishment of a fair and reasonable price will be conducted in accordance with FAR 15.4.. As stated in FAR 15.402, the Contracting Officer shall purchase all supplies and services at a fair and reasonable price. Based upon historical cost data from other production aircraft performance efforts, the Contracting Officer, Defense Contract Management Agency (DCMA), and Defense Contracting Audit Agency (DCAA) auditors have adequate information and background to determine a fair and reasonable price.

8. Actions Taken to Remove Barriers to Competition. For the reasons set forth in paragraph 5, NAV AIR has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NAV AIR will assess whether competition for future requirements is feasible.

CJ&A No.O!M95C

CERTIFICATIONS AND APPROVAL

TECHNICALIREQUIREMENTS CERTIFICATION

I certify that !be facts and representations under my cogniZ8llCe wllicb are included in this Justification and its supporting acquisition planning doc::uments. except as noted herein are complete and accUraIe 10 tile best of my knowledge and belief. .

(301) 757-55U Telephone

LEGAL SUFFICIENCY REVIEW

I have determined Ibis Justification is legally sufficient.

I'ICJ( ~

.~ (30I)7S7~ ~ Tel;;pilOne~

CONTRACTING OFFICER CERTIFICATION

I certify that Ibis IIstificauon is accurate and complete to !be best of my knowledge and belief.

301 757-5301

Craig R. Simpson Telephone

SENIOR PROCUREMENT EXECU'I'IVE APPROVAL

Upon tile basis of tile above justification, 1bereby approve, as Senior Procurement Ex.ticutive of tile Navy, tile solicitation of tile pmposed procurements described berein using otbertban fuD and open competition, pw:suant 10 the authority of 10 U.S.C. 2304(c)(l).