N68335-16-R-0316;_J&A_Control_No._16_0036_REDACTED.docx

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

IN REPLY REFER TO:

J&A_16_0036 J&A_16_0036

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 on a limited competition basis, a firm fixed price contract to only authorized distributors of Boeing for the manufacturing and delivery of P-8A Aircraft Removal/Installation Forward Airstair Equipment. This equipment will fulfill deficits of Organization Level Maintenance to support initial out-fittings for P-8A aircraft for the US Navy and Royal Australian Air Force (RAAF).

3. Description of Supplies/Services.

This acquisition is for a total of twelve (12) each Removal/Installation Forward Airstair Equipment, part number MC520010-1. A base quantity of eight (8) will support the US Navy and a base quantity of two (2) will support the RAAF. An option quantity of one (1) will support the US Navy and an option quantity of one (1) will support the RAAF. The Removal/Installation Forward Airstair Equipment will be used during Organizational Level Maintenance of the Forward Airstair.

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

Statute: 10 U.S.C. 2304(c)(1), Only one responsible source or a limited number of sources and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The Removal/Installation Forward Airstair Equipment was specifically designed to meet the requirements of the P-8A aircraft by Boeing. Boeing, the Original Equipment Manufacturer (OEM), is the sole designer and developer of the Removal/Installation Forward Airstair Equipment. Boeing has established authorized manufacturers of this part through their Intellectual Property Licensing Division to manufacture and sell the Removal/Installation Forward Airstair Equipment to the US Government. The Government does not possess the technical data packages required for the Removal/Installation Forward Airstair Equipment to allow for full and open competition.

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

Market research was conducted through various methods to obtain availability and pricing information. A Sources Sought Announcement was issued through FedBizOps on 09 August 2016 and closed on 16 August 2016. No companies responded to the announcement. A Synopsis was issued through FedBizOps on 20 September 2016 and closed on 05 October 2016. No companies responded to the announcement. Various internet search engines (Google, Yahoo Haystack, SAI Global & Bing) were queried for potential sources to meet the Removal/Installation Forward Airstair Equipment requirement, but the searches yielded no results. Boeing’s Intellectual Property Licensing Division was contacted and they confirmed that General Aviation Industries, Spec Tool Company, Industrial Automation and Seyer Industries are the currently the only authorized sources capable of manufacturing and selling the Removal/Installation Forward Airstair Equipment to the US Government.

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 cost data, the Contracting Officer, Defense Contract Management Agency, and Defense Contract Audit Agency auditors have adequate information and background to determine a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

At this time, the Government is still evaluating the feasibility to ascertain the data rights for the various Boeing P-8A unique support equipment.

image1.wmf