J A_RIPSIV.docx

J&A NUMBER

J&A Number: 16-0395

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND AIRCRAFT DIVISION

21983 BUNDY ROAD

BUILDING 441, UNIT 7

PATUXENT RIVER, MARYLAND 20670

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Patuxent River, MD

2. Description of the Action Being Approved.

This Justification and Approval is for the sole source procurement of the annual L-3 Communications Telemetry & RF Products 550 telemetry system hardware and software maintenance support contract. The System 550 telemetry processing systems are required to support all major flight testing at the Atlantic Test Range (ATR) (5.2.4.3) NAWCAD Patuxent River, MD. This requirement will result in a Firm Fixed Price Contract with L-3 Communications Telemetry & RF Products, which is located at 9020 Balboa Avenue, San Diego, CA 92123.

3. Description of Supplies/Services.

This annual maintenance support contract provides for system software updates, hardware module repairs and upgrades, and hardware/software technical support. These systems process telemetry data from the aircraft to the telemetry front end, which is the L-3 550 telemetry system. The period of performance for this contract is 1 July 2016 – 30 June 2017. This requirement will be funded by Major Range and Test Facility Base (MRTFB).

Estimated Dollar Value in Thousands

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

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

L-3 Communications Telemetry & RF Products is the Original Equipment Manufacturer (OEM) of the System 550 and is the only provider of this hardware/software maintenance support. L-3 is the creator of this telemetry system and there are no other suppliers for this maintenance. L-3 has implemented and maintained the 550 telemetry system at ATR for the past 15 years. They are the sole supplier for the maintenance. To change telemetry systems midstream would have a huge impact on ATR's flight test community. The subject matter expert (SME) indicates an alternate source for processing flight test data would cost the Government an estimated total of three million dollars to purchase new equipment, maintenance, and training for the employees. The Telemetry System 550 equipment (both hardware and software) referenced under the maintenance contract quote is of a proprietary design to L-3 Telemetry & RF Products. As such, L-3 Telemetry & RF Products is the only authorized service provider for this equipment.

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

The OEM is the only supplier with the necessary rights to provide hardware/software maintenance for the System 550 telemetry system. A sources sought was posted on FedBizOpps on 26 May, 2016 requesting responses from interested parties to fulfill the Government’s requirement with responses due 2 June 2016; however none were received. A synopsis was posted in FedBizOpps on 8 June 2016 requesting responses from interested parties to fulfill the Government’s requirement with responses due 23 June 2016; however none were received.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. The contracting officer will also ensure that price analysis is performed and utilize necessary resources to help determine a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, the ATR has no plans at this time to compete future contracts for the types of maintenance support covered by this document. The Government contacted L-3 regarding the possibility of procuring the data rights, and the alternative was deemed not feasible. If another potential source emerges for telemetry systems and associated maintenance, ATR 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

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

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 and no other supplies or services will satisfy agency requirements.

PROCURING CONTRACTING OFFICER

Mr. John Tomechko Date AIR 2.5.1, Naval Air Systems Command image1.wmf