N68335-16-C-0170_JA_Redacted_Lavatory_Service_Cart.docx

J&A NUMBER

IN REPLY REFER TO:

J&A_16_01600

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

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 Justification and Approval (J&A) authorizes and approves on a sole source basis, a Firm Fixed Price contract to Aero Specialties Incorporated of Boise, ID for the manufacture of the Lavatory Service Cart. This procurement will provide requirements to support initial outfitting for P-8A aircraft Product Support at Main Operating Base (MOB) Whidbey Island, Primary Deployment Site Bahrain, 6th Jacksonville Squadron, and 1st Whidbey Squadron. This support equipment will be used for O-level maintenance. It will also support the Royal Australian Air Force (RAAF) and fill deficits for the United States Navy (USN).

3. Description of Supplies/Services.

This J&A authorizes and approves on a sole source basis the acquisition for the manufacture of the following item:

Lavatory Service Cart, part number LC180-RJ2G: 17 EA for USN and 3 EA for RAAF

The estimated total dollar figure for this effort is $294K.

Estimated Dollar Value in Thousands

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

Statute: 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.

Aero Specialties Incorporated is the Original Equipment Manufacturer (OEM) and only manufacturer of the Poseidon P-8A’s Support Equipment part number LC180-RJ2G, Lavatory Service Cart. This Lavatory Service Cart meets the unique electrical power and receptacle requirements to comply with the USN generators: 15 amp 125 volt NEMA 5-15P three prong straight blade with industrial grade grounding pin. Additionally, it specifically meets Navy common aircraft ground power receptacles found on the flight lines, 115/200 volt 3 phase, 400 Hertz. This unit also comes standard with an Australian power adapter to fit and convert to a 230 volt, 50 Hertz receptacle, which is pertinent to this unit’s functionality since it will be used in Australia under conjunction with the partnership between the USN and RAAF for the P-8 aircraft. Each of the two tanks on board, one for waste fill from the aircraft and one for the lavatory fluid to provide to the aircraft, are winterized and insulated to ensure it can withstand all the extreme elements in nature.

The Aero Specialties Incorporated items have been tested and are currently used to fulfill the needs of the P-8A mission. Procurement of any other Lavatory Service Cart would result in substantial duplication of program costs that would not be expected to be recovered through competition and would cause unacceptable delays. The duplicate costs would consist of, but is not limited to the following: engineering development, testing, updating of maintenance plans, technical publications, and training. The result in the duplication of cost to the government of the Lavatory Service Cart would be estimated at $745K. These costs would not be expected to be recovered through full and open competition.

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

Market research was conducted and confirmed that Aero Specialties Incorporated is the only source that can provide these required items. Various internet search engines (Google, Bing, and Yahoo) were queried for potential sources of these items to fill the requirements, of which, only Aero Specialties Incorporated was identified. A similar Lavatory Cart made by Alberth Aviation was found through market research, but that cart does not meet our tank gallon requirements. In accordance with FAR 5.201, a Request for Information (RFI) was posted on the Federal Business Opportunities website on 02 December 2015. The synopsis was posted on 22 December 2015 and then re-synopsized on 12 May 2016 due the removal of the Fly-Away Towbar. No responses were received to the RFI. However, Stinar Corporation (Cage: 32526) was the only one to respond to the synopsis on 05 January 2016 with their capability statement. The Government Technical Team reviewed Stinar’s capability statement and noted that the item Stinar proposed does not have a “15 amp male electrical which is a Navy requirement necessary to meet Flight Line electrical receptacle and an adjustable relief and pressure gauge which is a Navy safety requirement to not damage the aircraft or personnel”. The Contract Specialist advised Stinar of the Government Technical Team’s response on 20 January 2016 and Stinar responded to the Government’s response by stating those options can be added. The Contract Specialist responded by stating “our Government Technical Team had reviewed the options that you had submitted. It would be a duplication of costs since this piece of support equipment directly connects and touches the aircraft. It must first be validated and verified by the test and evaluation team. This effort would include an engineering review to determine all the features and model options needed for the competitor to provide an equivalent form fit function based off the requirements, the purchasing of one unit to test, coordinating the OEM's technician, Lakehurst's engineers and Patuxent River's test and evaluation team with on-board aircraft time and solider maintainers. Not only would it be a duplication of cost, it would be a duplication of time that would not be recovered through competition and it puts delays in the schedule in fielding the production equipment to the US Navy Fleet”. Stinar did not pursue anything further.

Stinar Corporation also responded to the re-synopsis on 23 May 2016 with their revised capability statement. The Government Technical Team reviewed Stinar’s revised capability statement. The Contract Specialist responded to Stinar by stating, “In terms of engineering reasoning, based on Stinar's proposal they do NOT meet our requirements because their model and standard package options does not include a 15 amp male electrical receptacle, which is a Navy requirement necessary to meet Flight Line electrical specifications. Similarly, their model and standard package options does not include an adjustable relief and pressure gauge, which is a Navy safety requirement to not damage the aircraft or personnel. Stinar claims both could be added to the model but they are not offered as available options on their proposal, and thus there is no tested proof that the implementation of these new equipment pieces will not alter the normal operations of the cart. Additionally our requirements call for a 12' long waste hose and a 15' fill hose but Stinar only offers 8' long waste hose and a 12' long fill hose, both of which do not meet our needs.” Stinar did not pursue anything further.

7. Determination of Fair and Reasonable Cost.

The negotiation and establishment of a fair and reasonable price will be conducted in accordance with FAR 15.4. As stated in FAR 15.402, the Contracting Officer shall purchase all supplies and services at a fair and reasonable price. Based upon historical price analysis, the Contracting Officer has adequate information and background to determine a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAWC-AD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, or if new requirements emerge that materially impact the duplication of cost analysis, NAWC-AD will assess whether competition for future requirements is feasible. NAWC-AD has a current need for twenty (20) Lavatory Service Carts, but the Government anticipates follow on requirements. An RFI is being submitted to assess the market for possibility of future competition.

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