N4034520D0001_IV._Just_and_Approval_Sole_Source_Redacted.pdf

J&A Number: YOK 19-0019

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

JUSTIFICATION AND APPROVAL FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

Dollar Estimate:

Inclusive of Options

Period of

Performance

Base year plus four (4) years plus 6-months extension:

15 February 2020 – 14 August 2025

Type of Funds O&MN

Contract Type Firm-Fixed-Price (FFP) Requirements

1. Contracting Activity

NAVSUP Fleet Logistics Center Yokosuka (FLCY), Site Singapore

2. Description of the Action Being Approved

This justification is for the sole source procurement with Lao Skyway Company for helicopter support services in the Lao People’s Democratic Republic (Lao PDR) for the Defense Prisoners of War (POW)/Missing in Action (MIA) Accounting Agency (DPAA).

3. Description of Supplies/Services

This requirement is for helicopter support services for DPAA in the location and recovery of U.S. POW/MIA in the Lao PDR as a result of past conflicts. The Contractor shall provide Mi-17 and AS350 series helicopters, and qualified crew available at all times to support DPAA efforts during Joint Field Activity (JFA) periods.

DPAA’s strategy is to conduct five (5) missions each year throughout the country. The helicopters shall also be available to provide medical evacuation in the event of medical emergencies. It will be the responsibility of the Contractor to arrange, manage, and ensure timeliness of performance of services, and the Contractor shall be fully liable for all aspects of performance in the contract. The contract will be for one (1) base year and four (4) option years and option for six (6) months under FAR 52.217-8. The base year will begin on 15 February 2020 through 14 February 2021.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1), One source or limited sources 10 U.S.C. 2304(c)(2), Unusual and compelling urgency 10 U.S.C. 2304(c)(3), Industrial mobilization; engineering, developmental, research capability; or expert services 10 U.S.C. 2304(c)(4), International agreement 10 U.S.C. 2304(c)(5), Authorized or required by statute 10 U.S.C. 2304(c)(6), National security

SOURCE SELECTION INFORMATION – SEE FAR 2.101 AND 3.104

J&A Number: YOK 19-0019

Rationale Justifying Use of Cited Statutory Authority

The Government of Lao PDR has declared the aviation sector of Lao PDR, including operational control of airport and airport systems, a national security asset. Lao PDR Government officials must authorize all operations within the territorial jurisdiction of their country. Lao PDR Government officials have conditioned their approval of DPAA operations on contracting with an aviation company which is owned or substantially controlled by the government of Lao PDR, for all air carrier support services. The aviation company mandated by the Lao PDR Government as the only responsible source that will be considered to meet DPAA’s requirement for helicopter support services in Lao PDR is Lao Skyway Company.

This is a follow-on acquisition as implemented in FAR 6.302-1(a)(2)(iii).

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

This acquisition was not synopsized in accordance with FAR 5.202(a)(12) because the proposed contract action is by a Defense agency and the proposed contraction action will be made and performed outside the United States and its outlying areas and only local sources will be solicited. Market research indicates that the above stated condition under which the prior contract was awarded remain unchanged. Members of DPAA’s technical and logistical staff meet regularly with the Contractor and Lao PDR Government representatives. The difference between this requirement and the current contract is the requirement to support five (5) missions each year and the inclusion of six (6) months extension in accordance with FAR 52.217-8. Based on the information gathered at these meetings, it has been determined that only Lao Skyway Company is capable of meeting DPAA’s requirements because the government of Lao PDR has stated that no other sources will be approved.

6. Determination of Fair and Reasonable Cost

The Contracting Officer will determine the anticipated cost to the U.S. Government for the services covered by this J&A will be fair and reasonable. The Contracting Officer’s determination of fair and reasonable price will be based on price/cost analysis in accordance with FAR 15.404-1 Proposal Analysis Techniques.

7. Actions to Remove Barriers to Future Competition

For the reasons set forth in Paragraph 5, NAVSUP FLCY Site Singapore has no plans at this time to compete future contracts for the types of services covered by this document. If another potential source emerges, NAVSUP FLCY Site Singapore will assess whether competition for future requirements is feasible. Unless the government of Lao PDR opens its market to competition, there is nothing that can be done to remove the barrier.

8. Contracting Point of Contact

9. Prepared by: