J&AFBO.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

IN REPLY REFER TO:

&A_17_0326J

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

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

2. Description of the Action Being Approved.

This Justification and Approval authorizes and approves the issuance of Firm Fixed-Priced (FFP) Delivery Order under Basic Ordering Agreement N68335-13-G-0022 with Moog, Inc. (Moog), Salt Lake City, Utah for the production of the Airfield Mobile Tactical Air Navigation (AMTAC) components. These components will be integrated into new

AMTAC systems for Field use. The period of performance is nine (9) months.

3. Description of Supplies/Services.

The Tactical Air Navigation (TACAN) allows properly equipped fixed and rotary wing aircraft to perform non-precision

TACAN approaches in inclement or adverse conditions. This acquisition is to procure AMTAC TACAN equipment to be integrated by the Government into operational AMTAC systems for Fleet deployment. This procurement is for ten

(10) AMTAC components that will be integrated into ten (10) AMTAC systems. This effort is in response to United

States Marine Corps (USMC) Statement of Need number 3900 C16. The AMTAC systems are replacing the currently deployed, aging, failing AN/TRN-44A systems. The AMTAC system meets the new mobility requirements currently required by the USMC.

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 is the Original Equipment Manufacturer of multiple 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, these data rights are solely for the purpose of reproducing this information into Technical Manuals and Publications for training and maintenance purposes. The Government does not own the technical data rights to the internal aspects of the design. The equipment that makes up these systems is Commercial off the Shelf items that were solely designed and developed by Moog. Only Moog possesses the proprietary technical data package (TDP) that is essential for the manufacturing of the new AMTAC TACAN systems. The Government has attempted on several occasions to purchase the technical data necessary to compete this requirement; the last attempt was made during the negotiation for Contract N00019-12-C-0099, which was awarded on 3 May 2012.

Moog declined the Government request and elected to retain the data as company proprietary. Moog 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. If the Government utilized another source this would result in duplication of costs and unacceptable delays to the program. It is estimated to cost $4M to procure replacement units for functional and qualification testing, $500,000 to conduct the testing, $750,000 to update the logistical support items and approximately 2.5 years to implement the updates in the replacement systems.

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, no additional vendors were found. 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 showed that without the TDP possessed solely by Moog no other source would be capable to provide the evaluations, repair, and/or upgrades necessary to support this equipment.

In accordance with FAR 5.202, the Request for Information (RFI) was posted to FedBizOpps on June 9, 2017 and closed June 14, 2017. The synopsis was posted to FedBizOpps on June 20, 2017 and closed on July 5, 2017. No inquiries or challenges were received in response to the RFI or synopsis posting.

7. Determination of Fair and Reasonable Cost.

This contract will be negotiated on a FFP basis. In accordance with FAR 15.4, the Contracting Officer shall ensure that the price negotiated is fair and reasonable. The contractor will submit a formal price proposal with sufficient information to support the accuracy and reliability of the estimates. The proposal will be reviewed by experienced technical personnel at AIR 4.11.7, 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, NAWCAD has no plan at this time to compete future contracts for the types of supplies 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 if the Government is capable of receiving the TDP required for the TACAN systems, NAWCAD will assess whether competition for future requirements is feasible.

Appendix A

Estimated Dollar Value in Thousands

FY18 FY19 FY20 FY21 FY22 Total

OPN 10,020 0 0 0 0 10,020

Total 10,020 0 0 0 0 10,020