Redacted_J A_(13-G-0022_Advanced_OEM_TACAN_Support).doc

CJ&A_13_23140

CJ&A_13_23140

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Lakehurst, NJ

2. Description of the Action Being Approved.

This Class Justification and Approval (CJ&A) authorizes and approves the issuance of Firm Fixed-Priced (FFP) and Cost Plus Fixed-Fee (CPFF) delivery orders on a sole source basis under a five-year Basic Ordering Agreement (BOA) with Moog Inc., Salt Lake City, Utah for Advanced Original Equipment Manufacturer (OEM) Support for the AN/TRN-47 and AN/URN-32 Tactical Air Navigation (TACAN) systems identified at Attachment 1 of this CJ&A. This support includes tear down, evaluation and repair, technical and restoration services, and spare and repair parts for the AN/TRN-47 and AN/URN-32 TACAN systems. This CJ&A will cover orders awarded within twenty four (24) months of approval of this CJ&A.

3. Description of Supplies/Services.

TACAN systems allow properly equipped fixed and rotary wing aircraft to perform non-precision TACAN approaches in inclement or adverse conditions. This acquisition is to provide tear down, evaluation and repair, and technical and restoration services beyond current FST and ISEA capabilities for the AN/TRN-47 and AN/URN-32 TACAN systems. This acquisition will also provide for spare and repair parts and upgrades to these TACAN systems, as required, via approved Engineering Change Proposals (ECPs).

A detailed breakout of the TACAN systems covered under this CJ&A, and their associated components is provided at attachment 1 of this CJ&A. The total estimated value of orders to be issued is $12,000,000.

See Appendix A for Estimated Dollar Value

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.

Moog Inc. is the OEM of the AN/TRN-47 and AN/URN-32 TACAN systems. These TACAN systems were developed to meet the Government specifications that only defined Form, Fit, and Function requirements at the system level. While the Government owns Government Purpose Rights to Configuration Drawings and Component lists, it is solely for the purpose of reproducing this information into Technical Manuals and Publications for training and maintenance purposes; however, it does not own the technical data rights in the internal aspects of the design. The equipment that makes up these systems are Commercial Off the Shelf items that were solely designed and developed by Moog, Inc. Only Moog, Inc. possesses the proprietary Technical Data Package (TDP) that is essential for the manufacturing and depot-level repair of the TACAN systems. The Government has attempted on several occasions to purchase the technical data necessary to compete this requirement; the last attempt made during the negotiation for Contract N00019-12-C-0099 awarded on 3 May 2012. Moog, Inc. declined the Government request and elected to retain the data as company proprietary. Without the TDP, it would not be possible for any other source to perform repair analysis and complete the repairs and upgrades necessary to meet the needs of this requirement. Additionally, Moog, Inc. is the only source with the existing facilities, including a test bed, and the technical expertise required to assemble and test the systems and components.

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

An Internet search was performed using Google, Dogpile, and various other search engines to identify additional sources to meet this requirement to no avail. In addition, the technical data required to perform a formal market survey is proprietary information and is not available to the Government at this time. The Technical Analysis performed by the Government Subject Matter Expert (SME) showed that without the TDP possessed solely by Moog, Inc., no other source would be capable to provide the evaluations, repair and/or upgrades necessary to support this equipment.

In accordance with FAR 5.201, this action was synopsized on the FedBizOpps webpage on 06 March 2013 and closed on 21 March 2013. No inquiries or challenges were received in response to the synopsis posting.

7. Determination of Fair and Reasonable Cost.

As part of this BOA, individual orders will be negotiated on a FFP and CPFF basis, as applicable. In accordance with FAR 15.4, the Contracting Officer shall ensure that the price negotiated for each individual order is fair and reasonable. An Independent Government Estimate (IGE) has been provided for the overall ceiling value of this five year BOA. An IGE shall also be provided for each individual order as well. The contractor will submit a formal price/cost proposal with sufficient information to support the accuracy and reliability of the estimates for each individual order. The proposal will be reviewed by experienced technical personnel at AIR-4.5.8, cost analysts, and the Contract Specialist for this effort. The Contracting Officer will utilize cost and price analysis in accordance with FAR 15.404-1, including a review of historical data, 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, NAVAIR has no plan at this time to compete future contracts for the types of supplies/services covered by this document. At this time the Government does not possess the required TDP and/or specifications necessary for full and open competition. If another potential source emerges, or NAVAIR is capable of receiving the TDP required for repairs of the TACAN systems, NAVAIR will assess whether competition for future requirements is feasible.

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