JA 19-0411 Final Addendum 01_Redacted.docx

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISON

IN REPLY REFER TO:

J&A # 19-0411.01

June 6, 2019

ADDENDUM TO 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 sole source basis a fixed price contract to Eclypse International Corporation (CAGE 0JJ26), located in Corona, CA 92879-1323. The requirement covers peculiar support equipment for the CMV, MV, CV and FMS variants supporting the V-22 Osprey procurement of Automatic Wire Test Sets (AWTS), Part Number (P/N) 100000-02 for the V-22 Program Office.

3. Description of Supplies/Services.

The V-22 Program is a Joint Program Office with a requirement to procure the AWTS, P/N 100000-02 to perform Phase Maintenance on the aircraft at the O Level Squadrons. The AWTS are required for critical Phase Inspection requirements on the V-22 Aircraft. The requirement to support the maintenance effort is a three-year Indefinite Delivery Indefinite Quantity with a total quantity of 50. The estimated total value of this contract is ███████ and will be funded as set forth in the table below.

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.

This required procurement fills a need of deficient AWTS which is in accordance with FAR 6.302-1(a)(2)(ii) and has been designated under Acquisition Method Code (AMC) 3H.

AMC means to “Acquire directly from the actual manufacturer, whether or not the prime contractor is the actual manufacturer.” The Acquisition Method Suffix Code H means, “The Government physically does not have in its possession sufficient, accurate, or legible data to purchase this part from other than current source.” Eclypse International is the original equipment manufacturer (OEM) and holds the proprietary data required for manufacture of the AWTS. There are currently a quantity of 11 AWTS supporting the V-22 program.

Procuring the AWTS from another vendor would result in duplication of cost and time constraints which may delay fulfilling agencies deficiency with the Fleet.

Estimated Duplication of Cost

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

Market research was conducted for this procurement confirming the AWTS is currently available through GSA Advantage under GSA Contract Number GS-07F-0159N). An internet search via the Federal Procurement Data System and Dynamic Small Business Search database by P/N 100000-02 and nomenclature yielded six (6) companies: Organizational Wide Leadership Solutions, Inc., International Rubber Products, Inc., Tabis Consulting California LLC, Aero Electronics Systems, Inc., Dataware Systems, and Eclypse International Systems, Inc. All the companies are considered small businesses. Five of the companies are not capable of meeting the requirement.

A Request for Information (RFI) was posted under Sources Sought number N68335-19-RFI-0258 on 16 April 2019 and closed on 26 April 2019. There were two (2) responses to the RFI. Tyonek Manufacturing Group, Inc. provided a response dated 25 April 2019. In-Phase Technologies, Inc. provided a response dated 26 April 2019. The two (2) companies are considered small businesses. Technical determined that the companies have test sets that do not meet the form, fit and function needed for the V-22 aircraft. The engineers confirmed that the companies were contacted and determined unable to meet the requirement.

The pre-solicitation synopsis was posted under solicitation number N68335-19-R-0258 on 06 August 2019 and closed on 21 August 2019. Two (2) vendors responded during the pre-solicitation phase by providing their capability of potentially meeting the requirement:

Lockheed Martin/Universal Synaptics team provided a response dated 18 August 2019 that was received on 20 August 2019. Technical determined on 21 August 2019 that the response outlining their equipment does not satisfy the requirements. The Technical response was provided to Lockheed Martin on 29 August 2019 with no reply.

Equs Logisitics, LLC d/b/a Altum Aerospace provided a response dated 21 August 2019. The Program Office determined on 21 August 2019 that the response outlining the purchase and resell of the brand name equipment is not in the best interest of the Government. A follow-up response for clarity was provided to Altum Aerospace on 21 August 2019 with no reply.

In conclusion, nine (9) out of 10 companies in total were determined not capable of meeting the requirement without duplication of cost. The OEM, Eclypse International Systems, Inc. is the only known source practicable to meet the requirement for the AWTS that is also listed under AMC 3H.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies provided under this contract are procured at a fair and reasonable price. The Contractor will submit a formal price proposal. As the AWTS is considered a commercial item, the requirement exempts certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. Experienced contract specialists with the aid of necessary field pricing support will review Eclypse International’s proposal. The contracting officer will utilize cost and price analysis (as applicable) 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, NAWC-AD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NAWC-AD will assess whether competition for future requirements is feasible.

J&A Number: 19-0411.01

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:

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).

Thomas F. Hill Date image1.wmf