Redacted Approved JA_20-0364_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

IN REPLY REFER TO:

J&A_20-0364

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Lakehurst, New Jersey (NJ).

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves on a sole source basis the engineering and technical support services required to assist in maintaining the performance, -34C and T-44 series aircraft in support of the Fleet Support Team (FST) located at Fleet Readiness Center Southeast located in Jacksonville, Florida.

Textron Aviation, Inc. (CAGE 7EK50) 1 Cessna Boulevard, Wichita, Kansas 67215 is the Original Equipment Manufacturer (OEM) of the T-34C and T-44 series aircraft.

3. Description of Supplies/Services.

The Navy requires the following engineering and technical support services for the twenty (20) T-34C and fifty-four (54) T-44 series aircraft in the U.S. Navy inventory:

Technical data usage includes access to the OEM data as specified in the Data Licensing Agreement (DLA). The Government will generate and submit a data request to the Contractor. The data request will contain, at a minimum, the date, aircraft type, aircraft serial number, nature of the request, and tracking number.

Engineering services including the OEM Repair Design Office (RDO) to develop T- 34C and T-44 repairs, and conduct mathematical analysis upon request to respond to emerging Fleet requirements.

Engineering services, excluding part identification requests in an attempt to purchase a part from Textron or questions regarding manufacture defects. These Engineering services are identified as Non-RDO engineering services. They include, but are not limited to request that require drawing research and clarifications

Engineering Fatigue Appraisal & Structural Tracking (FAST) report services. FAST Report Services include monitoring damage/fatigue life on up to twenty (20) T-34C aircraft and fifty-four (54) T-44 aircraft on an individual aircraft basis. The deliverable is a FAST report. FAST reports include the establishment of and updates to aircraft Fatigue Life Expended (FLE).

J&A_20-0364

A Firm-Fixed-Price Indefinite Delivery Indefinite Quantity contract with five (5) annual ordering periods will be established at an approximate estimated price of $4 million, and will be funded with FY21 FY25 Operation and Maintenance, Navy (O&M, N) funds.

Estimated Dollar Value in Thousands

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

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements, implemented in regulation in 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.

As described in Section 3 above, there are approximately twenty (20) T-34C and fifty-four (54) T-44 aircraft in the U.S. Navy inventory. Textron Aviation, Inc. is the sole owner of all aircraft intellectual property, which includes the aircraft and systems drawings, as well as the basic design engineering data. No other entity can provide this data to the Government, other than Textron, the OEM. The ability to view these drawings and technical data is criti ability to support the T-34 and T-44 aircrafts.

As the OEM, Textron Aviation Inc. provided a letter, dated 20 April 2020, which states this requirement includes proprietary data, which they are unwilling to sell to the Government.

Without the intellectual property, historical information, and relevant data resources that are

-34C and T-44 Trainer Fleet operations, modifications and repairs will come to a halt thereby having a direct impact and indefinitely delaying the

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

In accordance with FAR 5.201(a), NAWCAD Lakehurst posted Request for Information (RFI) N68335-20-RFI-0169 to beta.SAM.gov on 29 April 2020 with a response date of 04 May 2020.

Two (2) responses were received. One (1) response was received from Noble Technologies Corp. Noble Technologies was found unable to provide the services required to support the Navy's T-34C/T-44 requirement. The vendor does not own the Textron proprietary drawings, data, and fatigue test reports for the T-34C and T-44 aircraft. The second response was received from Textron Aviation. However, Textron only sought clarification in regard to the content of the announcement. No other responses were received. In accordance with FAR 5.204, NAWCAD Lakehurst posted a Pre-Solicitation notice N68335-20-R-0169 to beta.SAM.gov on 11 May 2020 with a response date of 26 May 2020. No responses were received.

7. Determination of Fair and Reasonable Cost.

The negotiation and establishment of a fair and reasonable price will be conducted in accordance with FAR 15.4. As stated in FAR 15.402, the Contracting Officer shall purchase all supplies and services at a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Section 5, NAWCAD Lakehurst, NJ has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, NAWCAD Lakehurst, NJ 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 noted herein are

Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

t.

Date

CONTRACTING OFFICER CERTIFICATION

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

Printed) Phone No. Date

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).

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