AV8B_JetSCAN_-_JA.doc

J&A_16_0163

J&A_16_0163

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 authorizes and approves the procurement of repair services for the AV-8B JetSCAN® Oil Analyzer, P/N 762850, NSN: 6650-01-486-7221, from Optimized Systems and Solutions, LLC (dba Rolls-Royce Controls and Data Services (RRCDS)), located at 2001 S. Tibbs Ave, Indianapolis, IN 46241-4812.

3. Description of Supplies/Services.

The contract will include all labor, equipment (software and hardware), material, and service necessary to repair, service, and test to maintain the JetSCAN® Oil Analyzer in a Ready For Issue (RFI) condition.

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.

The JetSCAN® Oil Analysis System is designed to analyze the oil from the AV-8B F402 engine to determine the presence of metal particulates that indicate which part of the F402 engine needs to be inspected and repaired or replaced. RRCDS is the sole manufacturer of the JetSCAN® Oil Analysis System used to support the AV-8B F-402 aircraft oil analysis program. RRCDS maintains the JetSCAN® Oil Analysis System, equipment, and scientific knowledge to complete repairs in the required time period at several Fleet locations. RRCDS owns the proprietary data rights to the drawings and specifications of the JetSCAN® Oil Analysis System. RRCDS also owns the proprietary data rights to the drawings and specifications for the F402-RR-408B engine. RRCDS is unwilling to provide access to the drawings or design criteria for either the JetSCAN® Oil Analysis System or the F402-RR-408B engine to the Government or any other source. The drawings are required to identify dimensions, materials, and performance limits to repair the JetSCAN® Oil Analysis System. Without this proprietary technical data it is not possible to evaluate what part of the engine is deteriorating or to perform the required repairs. Without the proprietary technical data/software and repair equipment, it would not be possible for any other source to support the JetSCAN® Oil Analysis System.

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

A Request for Information was posted to the Federal Business Opportunities website on 9 February 2016 and RRCDS was the only company who provided a capabilities statement. The proposed contract was synopsized on the FEDBIZOPS website on 14 March 2016 and no other potential sources expressed an interest in this requirement. No other market research was conducted because it is not practicable, for the reasons discussing in paragraph 5 above, for any company other than RRCDS to provide the required supplies and services.

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 Contractor will submit a formal price proposal with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. RRCDS proposal will be reviewed by experienced technical analysts, cost analysts, and contract specialists with the aid of necessary field pricing support. The Contracting Officer will utilize cost and 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, NAWC-AD Lakehurst, New Jersey 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, NAWC-AD Lakehurst, New Jersey will assess whether competition for future requirements is feasible.

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