JA_19_0436_(TAF_Maule)_REDACTED.doc

J&A_19_0436

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD 2.5.2) Lakehurst, NJ

2. Description of the Action Being Approved.

This Justification and Approval (J&A) covers AIR-1.4, Navy International Program Office requirements in support of United States African Command. This J&A authorizes and approves, on a sole source basis, the issuance of a contract to Integrated Surveillance and Defense (ISD) of Wilsonville, Oregon for Field Service Representative (FSR) support, aircraft repair, and maintenance training in support of the Tunisian Air Force (TAF).

3. Description of Supplies/Services.

The TAF received twelve (12) Maule light observation aircraft under fiscal year 2015 Section 2282 Global Train and Equip (GT&E), a Building Partner Capacity (BPC) case, designated J9-P-LBG. These aircraft were modified to include Intelligence, Surveillance and Reconnaissance (ISR) equipment with the intended purpose of building the capacity of Tunisia’s national military forces participating in or supporting on-going allied or coalition stability operations that benefit the national security interests of the United States or to conduct counterterrorism operations.

The TAF has submitted a letter of request for $4.7 million dollars of Foreign Military Financing (FMF) to fund on-going sustainment of the Maule light observation aircraft. This sustainment request includes Other Technical Assistance (OTA), horizontal situation indicator repair, additional Maule spare components/parts, and Continental United States (CONUS) pilot training. The TAF has designated ISD as the sole source provider of the aforementioned supplies and services.

The TAF Maule sustainment effort includes additional requirements that exceed available FMF funding. The Defense Security Cooperation Agency has approved the use of SEC 333 BPC funds to supplement the current FMF requirements. This effort will provide the TAF up to twelve (12) months of Maule light observation aircraft Outside Continental United States (OCONUS) FSR support, repairs and maintenance of the Maule light observation aircraft, and CONUS training under BPC case 7L-P-LAI.

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

10 U.S.C. 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1. Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The TAF submitted Foreign Military Sales (FMS) letter of offer and acceptance case TU-P-BAY, dated 3 June 2019, which requests sustainment support of the Maule light observation aircraft directed source from ISD. Given this, the Government would incur unacceptable schedule delays if any other source other than ISD were to perform the BPC portion of the TAF Maule light observation aircraft sustainment efforts. The work being performed under both the FMS and the BPC cases is similar in nature with both cases being dependent on the other to provide the TAF full sustainment support. The FSR support, maintenance, repairs, and training provided under the BPC case are needed to supplement the OTA, repairs, spares, and training provided by ISD under the FMS directed source case. The FSR support provided under the BCP case will identify and prioritize aircraft repair levels of the twelve (12) TAF Maule aircraft to be repaired under both cases along with identifying the needed spares to be provided under the FMS case. Pilot training provided under the FMS case cannot be conducted until final repairs of the TAF Maule aircraft is complete under both the BPC and FMS cases.

The Government anticipates it would take a minimum of twelve (12) months to procure the needed services under the BPC case via full and open competition. Any procurement delays will negatively impact implementation and execution of the FMS case along with TAF mission readiness and capability due to a loss of ISR capabilities provided by the MAULE light observation aircraft.

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

A request for information was posted to FedBizOpps (FBO) website on 30 May 2019 to which two (2) responses were received from industry. While the responses could potentially meet the requirements of this effort, the unacceptable schedule delays given the FMS directed source case prevented either vendor from being able to meet the requirements of this effort. The proposed contract action was synopsized on the FBO website on 13 June 2019 with a response date of 27 June 2019. No responses or inquiries were received as a result of the synopsis.

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 cost proposal with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. ISD’s 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.

In the event another BPC case is authorized without an associated directed source FMS case in support of the TAF, the Government will evaluate the market place and conduct market research to determine what sources could potentially meet the requirements.

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

22347 CEDAR POINT ROAD, UNIT 6

PATUXENT RIVER, MARYLAND 20670-1161

J&A_19_0436

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