Redacted_C-40A_Spares_Procurement_Brand_Name_Class_JA_7_13_17_FINAL_-_Copy_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

21936 BUNDY RD, BLDG 442

PATUXENT RIVER, MD 20670-1547

IN REPLY REFER TO:

J&A_17_0227

CLASS JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Description of the Action Being Approved.

This brand name class justification and approval authorizes the issuance of FAR Part 12 fixed price contracts for the procurement of: one spare Honeywell auxiliary power unit (APU); one spare Aerocon Aft Air Stair; and one spare set of Boeing landing gear (1 nose and two mains) for the C-40A aircraft. These items will be procured under FAR Subpart 13.5, Simplified Procedures for Certain Commercial items, in accordance with 41 U.S.C. 1901.

3. Description of Supplies/Services.

The NAVAIR Tactical Airlift Program Office, PMA-207, requires one APU (part number (P/N) 3800702-1), one Aft Air Stair (P/N 1423-3725-307), one nose landing gear (P/N 162A1100-16), one left main landing gear (P/N 161A1100-67), and one right main landing gear (P/N 161A1100-

68) to be utilized as spares for the C-40A aircraft fleet. The total estimated value of this requirement is and will utilize funding. The authority of this Class J&A expires on 30 September 2018. The contract funding profile in funds are shown in the table below:

Estimated Dollar Value in Thousands

Spare Part

APU

Air Stair Landing Gear

Total

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(1) provides that the head of an agency may use procedures other than competitive procedures only when, among others, the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency.

41 U.S.C. 1901 requires that special simplified procedures for purchases of property and services for certain amounts be used when such property and services are expected to only include commercial items.

5. Rationale Justifying Use of Cited Statutory Authority.

The Honeywell APU (P/N 3800702-1), Aerocon Aft Air Stair (P/N 1423-3725-307), Boeing nose landing gear (P/N 162A1100-16), Boeing left main landing gear (P/N 161A1100-67), and Boeing right main landing gear (P/N 161A1100-68) are parts required by the Original Equipment Manufacturer (OEM) of the C-40A Aircraft, the Boeing Company. These specific parts meet all requirements set forth by the Federal Aviation Association (FAA) and are essential for maintaining configuration control. Market research indicates other companies’ similar products do not meet, or cannot be modified to meet, NAVAIR’s needs. The Honeywell APU, Aerocon Aft Air Stair, and set of Boeing landing gear are currently listed under the 737 Type Certificate approved by the FAA. In order to officially use another APU, Aft Air Stair, or set of landing gear not currently listed in the 737 Type Certificate, the Navy would have to pay Boeing (the aircraft OEM) additional funds to certify these new parts and obtain FAA approval. This effort would require over a year's worth of time and would result in unacceptable delays in providing these spare assets in support of C-40A fleet missions. For this reason, the Honeywell APU, Aerocon Aft Air Stair, and set of Boeing landing gear are essential to the Government's requirements. Price competition is expected from authorized dealers of the aforementioned spare parts.

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

An internet search has demonstrated that there are multiple authorized Honeywell, Aerocon, and Boeing dealers capable of satisfying these requirements. These requirements will be posted on the Federal Business Opportunities (FedBizOps) website as a FAR Part 12 combined solicitation/synopsis.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer must ensure that all supplies and services are procured at a fair and reasonable price. It is anticipated that the receipt of multiple competitive quotations under the FAR Part 13 Simplified Acquisition Procedures will determine price reasonableness for these commercial items. However, in the event this is not the case, the Contracting Officer will use price analysis as the basis for determining a fair and reasonable price in accordance with FAR 12.209 Determination of Price Reasonableness, FAR 15.404-1(b) Price Analysis, and DFARS PGI 215.403-1(c) Prohibition on Obtaining Cost or Pricing Data. If necessary, the Contracting Officer will require the contractors to submit commercial sales data and data other than cost or pricing data in order to analyze the proposals to ensure the prices are fair and reasonable. Analysis of the proposals will be performed by the Contracting Officer with the assistance of qualified technical analysts to ensure appropriate analysis is performed.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVAIR 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, NAVAIR will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

_ _ Ronald A. Hickman (301) 342-9935 __________ Signature Name (Printed) Phone No. Date

APPROVED

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C.

2304(c)(1), Only one responsible source (brand name) and no other supplies or services will satisfy agency requirements.

Date

Director for Air, ASW, Assault & Special Mission Programs Contracts AIR-2.3

14 JUL 2017

14 JUL 2017

17 JUL 2017

17 JUL 2017

18 JUL 2017