Clarke_Hess_JA_Redacted_N0042119R0066.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

21983 BUNDY ROAD, BLDG. 441

PATUXENT RIVER, MD 20670-1127

IN REPLY REFER TO

J&A 18-0357

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 (J&A) authorizes and approves the issuance of a Firm-Fixed-

Price contract action on a sole source basis to Clarke-Hess Communications, 3243 Rt. 112

Medford, NY 11763, for the procurement of Calibration Standards (CALSTDs) ancillary equipment for Aviation Fleet Intermediate Calibration Activities, Fleet Training Activities, and

Aviation Navy Calibration Laboratories (NCLs) to support Aviation Organizational and

Intermediate level maintenance assets. This procurement will provide support in the trade studies and technology environment. Specifically, this procurement is for Phase Verification Bridge Sets to be used to support the calibration of the NAVAIR METCAL Standard Phase Angle Program.

The procedures of FAR Part 13.5 and Part 12 will be utilized for this commercial acquisition.

3. Description of Supplies/Services.

Item Part No. Description Qty

1 5002-S2070 Phase Verification Bridge Set 45

The estimated total value of the acquisition covered by this J&A is $393,750.00. The estimated delivery date is for a total of three (3) units by 01 July 2019 and the remaining units by 01

January 2020.

Estimated Dollar Value in Thousands

FY19 Total

APN $394 $394

Total $394

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 FAR 8.404(d).

Clarke-Hess Communications is the Original Equipment Manufacturer (OEM) and owns the proprietary rights on engineering data, design and product documentations of products. The units must be compatible and interchangeable with existing Instrument Calibration Procedures

(ICPs), models, and equipment. All support for these model numbers have previously been established and paid for by the Government. The items being requested are in the Navy inventory. Procurement of a new model number will result in additional instrument calibration procedure costs not expected to be recouped by the Government via a competitive procurement.

A total workload of five (5) ICPs would have to be duplicated if a new model number were to be introduced. Each procedure includes: procedure re-write, bench-test, Quality Assurance (QA) checks, calibration interval analysis/change as required, publication costs, data element/database support/updates at a cost of $21,285 per procedure for a total cost of $106,425 resulting in a substantial duplication of cost to the Government that is not expected to be recovered through competition. Market research was conducted for this procurement utilizing various web searches.

Based on the results of this information, Clarke-Hess is the only source that will meet the

Government’s requirement.

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

The NAVAIR METCAL engineering program experts in the field who support AIR-4.1.12 are current on the trade studies and the technology environment. The experts maintain constant surveillance of the marketplace for these items and to date no other sources are capable of satisfying the Government’s requirements. In addition, web sites and google searches have been performed on the model numbers.

A synopsis of the proposed procurement will be published in the Federal Business Opportunities and in accordance with FAR Part 12, the Government will issue a solicitation for this sole source requirement for a period of 15 days.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies provided under this contract are procured at a fair and reasonable price The contractor will submit a formal price proposal with sufficient information to support the accuracy and reliability of the estimate. The proposal will be reviewed by experienced technical analysts and the Contract

Specialist. The Contracting Officer will utilize 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, there are no plans at this time to compete future contracts for the types of supplies/services covered by this document. AIR 4.1.12 will continue to conduct market research for the product that would allow future competition. If another potential source emerges, the contracting activity will assess whether competition for future requirements is feasible.