JandA_18_0252_UTAS_Constant_Frequency_Generator_REDACTED.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

NAVAL AIR SYSTEMS COMMAND HEADQUARTERS

47123 BUSE ROAD, UNIT IPT BLDG 2272, ROOM 155

PATUXENT RIVER, MD 20670-1547

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NA VAIR) Headquarters

2. Description of the Action Being Approved.

IN AEPL Y AEFF;:A TO

J&A-18-0252

This Justification and Approval (J&A) authorizes and approves the issuance of a sole source contract to UTC Aerospace Systems (UT AS), Rockford, IL, for the procurement of Non-Recurring Engineering (NRE), integration, test kits and testing in support of reliability and sustainability improvements to the UTAS Constant Frequency Generator (CFG) for the V-22 aircraft.

3. Description of Supplies/Services.

This J&A authorizes procurement of the CFG redesign to mitigate persistent water intrusion, including NRE, verification and validation, qualification testing, flight test units, and all necessary parts and support required for integration into the V-22 aircraft platform.

The total estimated value of the requirements covered by this J&A is $2 l.6M and is anticipated to be funded by the fiscal years and appropriations as set forth in the table below, which are based upon the President's Budget (PB) FY18 in support of the V-22 Program of Record.

APPN$M FY19 FY20 FY21 TOTAL

RDTE,N $ 4.85 $ 5.65 $ 5.65 $ 16.15

RDTE,AF $ 0.98 $ 1.15 $ 1.15 $ 3.28

FMS-JAPAN $ 0.65 $ 0.76 $ 0.76 $ 2.17

TOTAL $ 6.48 $ 7.56 $ 7.56 $ 21.60

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)( l) 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 Justifying Use of Cited Statutory Authority.

UT AS is the sole designer, developer, and manufacturer of the CFG integrated onto the V-22 aircraft. The UT AS CFG system has been part of the original configuration from the first V-22 production aircraft. The CFG provides electrical power for V-22 aircraft loads and is a commercial jamie.schoemaker Highlight jamie.schoemaker Highlight jamie.schoemaker Highlight jamie.schoemaker Highlight jamie.schoemaker Highlight jamie.schoemaker Highlight derivative from a family of electrical power systems manufactured by UTAS to include the Boeing 757/767 and McDonnell Douglas MD-11, which the V-22 design is based. Further, UTAS draws upon its proprietary design, manufacturing, and operational experience with the entire UTAS family of electrical power systems when offering CFG improvements for the V-22 aircraft. As the sole designer, developer, and manufacturer of the CFG, UTAS is the only firm that has the proprietary data and technical capability required,to satisfy the Government requirement.

Because the UTAS CFG has been designated as a commercial item in accordance with the definitions in FAR 2.101, Defense Federal Acquisition Regulation Supplement (DFARS) 252.227- 7015, "Technical Data- Commercial Items", is applicable. This clause prohibits the rele_ase, display, disclosure, and use of the UTAS CFG technical data outside the Government without the contractor's written permission. The Government conducted a review of the V-22 CFG technical data package and determined the Government does not have sufficient technical data rights to conduct a competition for the efforts contemplated under this J&A, and UTAS has declined to sell any additional rights to the Government at this time. For these reasons, the Government has determined that UTAS is the only contractor that can meet the Government's requirements for redesign of the V-22 CFG.

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

Market research was conducted via a sources sought notice posted to the Federal Business Opportunities (FBO) website on 23 January 2018 seeking sources from industry capable of meeting the V-22 aircraft CFG improvement requirement. UTAS was the only respondent to the sources sought notice. It has been determined that the aforementioned sources sought notice fulfills the DFARS Procedures, Guidance, and Information (PGD 206.302-1 Request for Information/Sources Sought requirement for the tasking contemplated under this contract detailed in paragraph 3 above.

Jn accordance with FAR 5.201(b), a synopsis of this effort was published on the FBO website on 6 February 2018. To date, no responses have beeIJ- received by the Contracting Officer. Any responses received prior to the award of this procurement will be evaluated by the Contracting Officer. Additionally, parties interested in subcontracting opportunities will be referred to UTAS to maximize competition in subcontracted efforts.

7. Determination of Pair and Reasonable Cost.

The negotiation and award of this contract will be conducted in accordance with FAR Part 12 "Acquisition of Commercial Items." As stated in FAR 12.209, the Contracting Officer must establish price reasonableness in accordance with FAR 15.4. In accordance with FAR 15.402(a) and (a)(2), the Contracting Officer is required to purchase all supplies and services from responsible sources at fair and reasonable prices and will require the Contractor to submit data, other than certified cost and pricing_data, in order to perform an analysis of the proposal to ensure that the price is fully justified as fair and reasonable to the Government. This analysis will be performed by government technical analysts, cost analysts and contract specialists. In addition, the Defense Contract Management Agency (DCMA) will be utilized to assist, as required, with purchase order verification and rate recommendations. In accordance with FAR 15.404-1, the Contracting Officer will use cost and price analysis as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, NA VAIR has no plans at this time to compete contracts for the effort contemplated under the J&A herein. However, as the V-22 program continues transitioning from production into life cycle sustainment, NA VAIR will conduct robust market research to assess the viability of future competitions.

CERTIFICATIONS AND APPROVAL

TECHNICAUREQUIREMENTS 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.

~~USMC

V-22 Program Manager, PMA-275

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Andr . McCabe Seniot:-issociate Counsel, V-22 Osprey NA VAIR Office of Counsel (AIR-11.1)

CONTRACTING OFFICER CERTIFICATION

Telephone Date

Telephone

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

Kevin LaBove Contracting Officer AIR-2.3.3.2, Naval Air Systems Command

APPROVED

Telephone

Date

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)(l), Only one responsible source and no other supplies or services will satisfy agency requirements.