JA_17_0459_PoleZero_AIU_REDACTED.doc

J&A_17_0459

J&A_17_0459

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 (J&A) authorizes and approves the issuance of a three (3) year sole source Indefinite Delivery Indefinite Quantity type contract to procure the Antenna Interface Unit (AIU) and COMM-Tray, required technical data, spares, and Repair of Repairables (ROR) from Pole/Zero Acquisition, Inc. (Pole/Zero), 5558 Union Centre Drive, West Chester, Ohio. This equipment is provided to the P-8A aircraft integrator as Government Furnished Equipment (GFE) in support of the P-8A Poseidon production Lots 9, 10, and 11.

3. Description of Supplies/Services.

This acquisition will include the procurement of the AIU and COMM-Tray assemblies, and subassemblies along with technical data from Pole/Zero for the P-8A aircraft and spares. This contract also includes ROR of parts delivered to Boeing.

The P-8A is an International Cooperative Program between the United States Department of Defense and the Australian Department of Defense with Foreign Military Sales (FMS) cases with the United Kingdom and the Norwegian Ministries of Defence. The minimum quantity for Ultra High Frequency (UHF) AIU (Part Number (P/N) 180000-8) is 20 each, with a maximum quantity of 104 each. The minimum quantity for COMM-Tray, UHF AIU (P/N 180010) is 20 each, with a maximum quantity of 110 each. The minimum quantity for Very/Ultra High Frequency (V/UHF) AIU (P/N 186400-1) is 30 each, with a maximum quantity of 157 each. The minimum quantity for COMM-Tray, V/UHF AIU (P/N 185010) is 30 each, with a maximum quantity of 154 each. The Period of Performance for this effort will be through March 2022.

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.

Pole/Zero is the sole designer, developer, and manufacturer of the AIU and COMM-Tray for use in the P-8A and is the only source that is able to supply the AIU and COMM-Tray units that are required by the P-8A, to provide the radio and data link for the aircraft. The Pole/Zero AIU and COMM-Tray have been tested and are currently used to fulfill the needs of the P-8A for a radio and data link. The Pole/Zero AIU and COMM-Tray are the only units capable of providing a radio and data link of the same form, fit, and function that is compatible with the existing antenna, airframe infrastructure and interface control document and interface design document associated with P-8A requirements. As the original equipment manufacturer of the AIU and COMM-Tray, and as these units are commercial hardware, Pole/Zero has the proprietary rights to the technical data and drawings and therefore, is the only known source with the requisite knowledge of the design, technical data, fabrication, performance and operational characteristics of the AIU and COMM-Tray, qualified to perform the efforts contemplated under this J&A. Delivery of these items is required to support the P-8A production line for Lot 9 by June 2019, Lot 10 by January 2020, and Lot 11 by June 2020. Award to any other source would disrupt on-going P-8A production by delaying delivery of qualified and properly integrated AIUs into the P-8A line. The timeline to compete and qualify a second source to fulfill the P-8A production weapon system requirements is estimated to be three years for design and test, and additional two years to integrate into Boeing build prototypes which would cause unacceptable delays in fulfilling the agency’s requirements of fully capable P-8As into the fleet.

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

It has been confirmed through market research, that no vendor other than Pole/Zero could meet the requirements of the AIU and COMM-Tray for the reasons discussed in the paragraphs above. Pole/Zero currently retains all rights to the drawings and technical data required to provide the radio and data link of the same form, fit, and function compatible with the P-8A. Without the technical data, no other source could perform the efforts contemplated under this J&A.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS), Procedures, Guidance and Information (PGI) 206.302-1, a Request for Information was posted to the Federal Business Opportunities website on 29 August 2017 and closed on 13 September 2017, with no responses received. In accordance with Federal Acquisition Regulation (FAR) 5.201, this procurement was synopsized on the Federal Business Opportunities website on 25 October 2017 and closed on 03 November 2017. No inquiries or challenges were received.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer shall ensure that all supplies and services are procured at a fair and reasonable price. In that the award of this contract will be conducted in accordance with FAR Part 12 Acquisition of Commercial Items, the Contracting Officer will use price analysis as the basis for determining a fair and reasonable price in accordance with FAR 12.209 Determination of Price Reasonableness, FAR 15.404-1(b) Price Analysis, and DFARS PGI 215.403-1(c) Prohibition on Obtaining Cost or Pricing Data. The Contracting Officer will also require the contractor to submit commercial sales data and data other than cost or pricing data in order to analyze the proposal to ensure the price is fair and reasonable. In addition, the Contracting Officer will compare the proposed price with previous Government contract prices contracted for the same or similar items once the validity of the comparison and the reasonableness of previous prices have been established. Analysis of the proposal will be performed by the Contracting Officer with the assistance of qualified technical analysts, to ensure appropriate analysis is performed.

8. Actions to Remove Barriers to Future Competition.

At this time, NAVAIR has no plans to seek future contracts for the types of supplies/services with Pole/Zero covered by this document. This procurement represents the last buy for GFE for P-8A production. Because this effort is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(i).

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