EMALS_NGL_Buffer_Assy-_Redacted_J&A.pdf

J&A Number: 18_0104

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 a Firm Fixed Price contract for the procurement and delivery of four (4) Production NGL Buffer Assemblies of Part Number

34000D1560380, associated engineering test reports, and an Integrated Master Schedule in support of CVN 79 Electromagnetic Aircraft Launch System (EMALS). The required EMALS subsystems contain Critical Safety Items (CSIs) and therefore, it is the Navy’s intent to pursue a limited competition contract based on the results of the market research as well as the Technical

Data Requirement (TDR) package #17-19000. According to the TDR, the following vendors are qualified to provide these CSIs:

The Entwistle Company, 6 Bigelow Street, Hudson, MA

Penn State Tool and Die Corporation, 7590 Route 30, North Huntingdon, PA 15642

Curtis Wright Flow Control, 1966 E. Broadhollow Road, Farmingdale, NY

Duhadaway Tool and Die Shop, 801 Dawson Drive, Newark, DE 19713

3. Description of Supplies/Services.

A requirement exists to procure and deliver a total of four (4) Production NGL Buffer

Assemblies of PN 34000D1560380, engineering test reports, and an Integrated Master Schedule in support of CVN 79 Required-In-Yard Date of 10 December 2020. The value of this procurement is $1,909,000. The NGL Buffer Assemblies are designed to assist in launching of an aircraft by means of attaching its nose wheel strut to the towing mechanism of the catapult.

This means of launching the aircraft permits a positive and automatic engagement of the aircraft to the catapult and a smooth and rapid operation.

Estimated Dollar Value in Thousands

FY 17 FY 18 FY 19 FY 20 FY 21 Total

SCN $1,909K $1,909K

RDT&E

OPN

O&MN

Total $1,909K

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

10 U.S.C. 2304(c): “The head of an agency may use procedures other than competitive procedures only when (1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency.”

5. Rationale Justifying Use of Cited Statutory Authority.

The NGL Buffer Assemblies contain CSIs which will be used as part of EMALS operation.

Given its CSI designation, any departure from the requirements could result in loss in life, serious personnel injury, loss of a combat system, and/or the loss of the aircraft. In addition, the subsystem requires highly specialized manufacturing processes for qualified welding processes to include welding of Navy Steels High Yield (HY) and High Strength Low Alloy (HSLA), heat treatment, workmanship, and material certification. Therefore, the acquisition strategy will be to pursue a limited competition among the approved, qualified vendors with the proper resources and processes to manufacture and deliver the units, as identified in the Technical Data

Requirements (TDR) Package #17-19000. The vendors, identified in the TDR package, are CSI approved sources.

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

Market research confirmed the existence of the four qualified vendors cited in paragraph 25 of the checklist and as identified in the TDR package. No other sources have been approved since the last procurement. Additional discussions with the Quality Assurance 4.8.8.3 and ALRE

Engineering 4.8.2.7 competencies indicated that the vendors’ previous deliveries of other CSI components were satisfactory to the Navy.

An RFI was issued on 02 November 2017, and one response was received from Kyntec

Corporation in Buffalo, New York. From Kyntec's corporate literature, it appears that the vendor may have the necessary capabilities to manufacture the Buffer Assemblies. However, due to the intended critical use of the Assemblies during carrier operations, a full site survey at its facility is required by the members of the EMALS engineering and QA teams to completely assess the company's abilities. Most importantly, due to the CSI/CAI subcomponents within the Buffer

Assemblies, NAVAIR QA (Code 4.8.8.8) has already identified in its TDR (17-19000) four vendors who are qualified and certified to manufacture these units. If Kyntec chooses to be qualified, it must submit a Source Approval Request (SAR) package to the Navy. This process is a lengthy one. Based on CVN 79 Required In Yard Date of Dec 2020, the time to approve

Kyntec as a source of supply will not lend itself to meet the ship's construction schedule.

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 Contractors will submit formal price proposals with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. Contractors’ proposals 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 any future procurement of the NGL Buffer Assemblies, another round of market research will be performed to determine the availability of any other CSI-qualified vendors who can meet the Navy's requirement.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this

Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

APPROVED

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

Mr. Thomas Hill Date