JA 21-0272_MEAK-29 Rev B_TMcomments_Rev 6_Approved_Redacted.pdf

J&A Number: 21-0272

10 U.S.C.2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by Federal Acquisition Regulation (FAR) 6.302- 1(a)(2)(ii)(B).

5. Rational Justifying Use of Cited Authority

Testek, LLC is the sole designer, developer and manufacturer of the MEAK-29 and is the only source with the requisite knowledge, experience and technical expertise of the integration and performance capabilities of the MEAK-29. Testek, LLC is the only source with the technical data for the AECTS, MEAK-29 and all associated harnesses as well as software. Therefore, Testek, LLC is the only firm with the knowledge and expertise of the MEAK-29 system components required to enhance performance in order to meet aircraft quality requirements.

Furthermore, the software and firmware required to operate the MEAK-29 with the AECTS was developed by Testek to operate on their run-time environment software TestEx. TestEx, which is required to view or modify the AECTS and MEAK-29 software, is proprietary to and wholly owned by Testek. The MEAK-29 upgrade, a modified commercial item, was developed and tested under a fixed price modification to sole source contract N6833516D0008 as the Government did not possess the necessary data to permit the development of the parts required to upgrade the MEAK-29 competitively. While the Government does have rights to the upgrade under N6833516D0008, we do not have rights to the original commercial item or production level drawings. The subsequent Delivery Order N6833519F0786 was issued for Common Support Equipment P/N 101999-Meak-29-Rev B. A P/N has not yet been identified for the MEAK-29 Rev B in support of the V-22 Osprey Aircraft Program as it is Peculiar Support Equipment (PSE). Award of alternate equipment would result in unacceptable cost, and programmatic risks, which would result in failure to fulfill the production requirements.

It would take an additional three (3) to four (4) years to qualify another product to meet this requirement. The time to qualify another product would not meet the CMV-22 future site standup requirements in JUN-2022 and NOV-2022, as well as fill a deficit for a site that has already been stood-up.

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

Market research was conducted and assessed. Testek was identified as the original equipment manufacturer for the MEAK-29 and no other company has manufactured the adapter kit. Testek does not have any authorized distributors. A Request for Information was posted to the Beta.SAM website on 18-AUG-2020 via N68335-20-RFI-0248 with a response date of 17-SEP-2020. One response was received from Testek on 10-SEP-2020. Technical evaluator reviewed the response on 16-SEP-2020, confirming everything in the Testek’s AECTS technical manual that covers the MEAK-29 was included less an update providing the latest MEAK-29 P/N for PSE.

The proposed contract action was synopsized on the Beta.SAM website on 09-FEB-2021 and closed on 24-FEB-2021 with no challenges received. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Testek, LLC to provide the required supplies.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition

For the reasons sets forth in paragraph 5, NAWC-AD Lakehurst has no plans at this time to compete future contracts for the type of supplies covered by this document. If another potential source emerges, NAWC-AD Lakehurst will assess whether competition for future requirements is feasible.

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/Requirements Cognizance:

Signature Date

Lead AECTS Engineer

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Assistant Counsel NAWCAD Lakehurst Office of General Counsel

CONTRACTING OFFICER CERTIFICATION

est of my knowledge and belief.

Signature Date

MICELLE PRINSTON

Contracting Officer

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).

Procuring Activity Competition Advocate (PACA) NAWCAD LKE Procurement Department

08/16/2021