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Control Number: JA-Toby-16-304

Justification and Approval For Other than Full and Open Competition

Program/Equipment: AN/AVR-2 Field of View (FOV) Test Stations with installation and ancillary services for Tobyhanna Army Depot in support of Laser Detection Sets (LDS) systems for Program Manager for Aircraft Survivability Equipment (PM-ASE).

Authority: 10 U.S.C. 2304(c) (1) as implemented by FAR 6.302-1-- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Prepared By:

Raymond J. Molitoris Date:

Contract Specialist DSN: 795-7579 raymond.j.molitoris.civ@mail.mil

Procuring Contracting Officer: Date Reviewed:

Matthew A. Chase DSN: 795-7870 matthew.A.Chase.civ@mail.mil

Technical Representative:

Date Reviewed:

DSN: 795-8921

ail.mil

Requirements Representative:

Date Reviewed:

nd DSN: 795-7958

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

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Justification and Approval For Other than Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command Aberdeen Proving Ground Division E, Tobyhanna Branch Attn: CCAP-CCET Tobyhanna Army Depot (TYAD) 11 Hap Arnold Boulevard Tobyhanna, PA 18466-5100

2. Description of Action: The proposed action is for the award of a new, firm-fixed price contract for automated test equipment and ancillary services for Tobyhanna Army Depot (TYAD), as the designated Depot Source of Repair (DSOR) of the AN/AVR-2A(V) and the AN/AVR-2B(V) Laser Detection Sets (LDS) systems for Program Manager for Aircraft Survivability Equipment (PM-ASE). Army Working Capital Funds FY 16 (AWCF) will be used for this acquisition in the estimated amount of . NAICS code for this is 334515. The anticipated date of award is no later than 30 September 2016.

Period of performance is 18 months. A formal acquisition plan is not required at this threshold in accordance with (IAW) DFARS 207.103(d)(i)(B). However an informal acquisition plan has been completed, IAW local policy, and is located within the associated Paperless Contract File (PCF) cabinet.

The AN/AVR-2B(V) is the latest generation of military aviation laser warning systems.

The AN/AVR-2B(V) Laser Detection Sets (LDS) system is smaller and lighter than the previous version, uses less power, and demonstrates enhanced performance, reliability, and maintainability. It detects rangefinders, target designators, and beam rider laser-aided weapon systems, and is capable of multiple aircraft signal interfaces. The AN/AVR-2B(V) LDS system is integrated on Army aircraft and is designated as Mission Critical Equipment and will remain as the Army’s premier aviation laser warning system for the foreseeable future.

PM-ASE established the overhaul capability for the AVR-2 and AVR-2A LDS systems in early CY2000. This capability was upgraded in CY2007 to include the AVR-2B LDS system. The existing FOV Test Station at TYAD is capable of assessing and determining the functional adequacy of detectors on all versions of the AN/AVR-2 LDS system.

3. Description of Supplies/Services:

a. One (1) each new AN/AVR-2 FOV Test Station, Goodrich Part Number L31- 60107

b. One (1) each remanufactured AN/AVR-2 FOV Test Station using Government Furnished Equipment, Goodrich Part Number L31-60107. This GFE will be supplied to the contractor for testing at their facility if requested.

c. One (1) lot Ancillary Bench Testing Equipment to include:

(i) Two (2) each Band II ND Filter NDS-Metallic Neutral-Density

Filters, BK7

(ii) One (1) each Master Control Box, Goodrich Part Number l31-60142

(iii) One (1) each Configurable Laser Diode Pulsar LDP Assembly, Goodrich Part Number (3G) Y14-10029-001

(iv) Three (3) each Laser Diode Pulsar, Goodrich Part Number Y14-10012

(v) Four (4) each LPI Pulsar, Goodrich Part Number L31-60018

(vi) Two (2) each UUT Interface Cables, Goodrich Part Number L31-60130

(vii) Two (2) each Reference Detectors, Goodrich Part Number L31-60111-001

(viii) Two (2) each Reference Detectors, Goodrich Part Number L31-60064-001

d. One (1) lot Technical documentation to include:

(i) Operation and maintenance drawings

(ii) Parts List/Part Numbers of major materials, equipment and cables

(iii) Test Description Documentation

e. One (1) lot Computer Software to include:

(i) All test programs deployed on the test stations

(ii) Software restoration or build procedures

(iii) Software licenses for all resident software

(iv) Installation Disks for software installation on each test station

(v) Relevant commercial software products including Windows 7 and MS Office.

Delivery of all items described above is 18 months from date of award. There are no options for additional supplies or services. The Governments cost estimate for this requirement is as follows;

0001 New Test Station:

0002 Bench Testing Equipment 0003 Rebuilt Items 0004 Tech Documentation 0005 Computer Software Total

4. Authority Cited: 10 United States Code 2304(c)(1) as implemented by Federal Acquisition Regulation 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: The proposed source for this action is Goodrich Corporation, 100 Wooster Heights Road, Danbury, CT 06810-7509.

The baseline FOV Test Station was produced at contractor expense on an independent research and development (IRAD) basis by Goodrich Corporation and has been refined specific to the AN/AVR-2 LDS systems testing requirements through the progression of system maturation. Although the Government has participated in the funding of the progression of FOV Test Station capability, the underlying source code and design data remain contractor proprietary. The requirement to produce new and remanufactured test stations and related items as stated in detail in paragraph 3. above, necessitates access to intricate software code, non-commercial software, detailed fabrication and assembly drawings, system performance data, and miscellaneous technical data that is unavailable to any source other than Goodrich Corporation and to which it maintains configuration management and control. The technical data available to the Government is limited to envelope drawings intended to identify the Goodrich parts for replacement purposes. These drawings are insufficient and not intended for the purpose of enabling an alternative source to fabricate and assemble a fully functioning FOV Test System.

The purpose of the Ancillary Bench Testing Equipment is to troubleshoot and diagnose the FOV Test System equipment and components in instances when there are Test System anomalies and failures. Resultantly, downtime of the FOV Test System is minimized.

Presently a competitive procurement strategy is not possible due to the proprietary nature of the software and technical data. However, in an effort to obtain the necessary minimum software and data rights to promote competition, the Government contacted Goodrich Corporation, on 6 June 2016 to explore the pursuit of proprietary software and technical data. Goodrich Corporation stated that they are unwilling to extend rights in non-commercial software and technical data that may compromise its prior IRAD investment.

Based upon the above considerations it has been determined that Goodrich Corporation has the unique qualifications to fulfill TYAD’s requirement for the supplies as described in paragraph 3 above.

If TYAD does not purchase the FOV Test Stations, it will not be able to meet customer demands for repair and sustainment of the AN/AVR-2B(V) Mission Critical Equipment and the U.S. Army aircraft may be rendered mission incapable, placing the Soldier and national defense at risk.

6. Efforts to Obtain Competition: Market research was conducted, details of which are included in paragraph 8. of this document. On 1 April 2016 Sources Sought Announcement (SSA) Number W25G1V-16-R-0018 was posted to the Federal Business Opportunities webpage (FedBizOpps) for a period of 15 calendar days.

Interested parties were requested to contact the Government and submit a capability statement. The Government received responses to the SSA from Marvin Test Solutions, 1770 Kettering, Irvine, CA (949), and Goodrich Corporation, 100 Wooster Heights Road, Danbury, CT 06810-7509. Marvin Test Solutions president Loofie Gutterman responded for the purpose of confirming the unavailability of a suitable data package and acknowledging that Marvin Test Solutions is unable to satisfy the Government’s requirement due to the proprietary nature of the equipment. Goodrich Corporation asserted and demonstrated its capability and stated its intention to pursue the requirement upon issuance of a solicitation. The Government will synopsize this action on FedBizOps IAW FAR 5.201.

a. Effective Competition. As the Government’s market research efforts did not yield potential sources other than Goodrich Corporation, there is no expectation of effective competition for this requirement.

b. Subcontracting Competition. The solicitation and subsequent contract will contain the clauses FAR 52.219-8, Utilization of Small Business Concerns, FAR 52.219- 9, Small Business Subcontracting Plan, FAR 52.244-5, Competition in Subcontracting and DFARS Clause 252.219-7003, Small Business Subcontracting Plan (DOD Contracts). The post award notice will be posted to FedBizOpps to increase opportunities for small business concerns to subcontract with Goodrich Corporation.

7. Action to Increase Competition: Every effort was made to seek competition for this action as described herein. Although this is intended to be a one-time requirement, TYAD technical experts will continue to monitor the marketplace to identify any other emerging sources for the required equipment and services. Breaking this requirement out into multiple procurements would result in an unacceptable delay in supporting mission requirement as the only equipment that can be separated from the proposed acquisition is what is available commercially. The COTS equipment represents less than 10 percent of the total acquisition. Since this is an integrated test station, all COTS equipment purchased separately would have to be procured prior to soliciting the sole source portion of the requirement then supplied as GFE prior to the contractor’s integration effort. Supplying this GFE will delay the contractor’s performance and potentially introduce additional cost to the contractor’s effort. Additionally the government will require engineering services from the contractor to identify the required GFE which cannot be provided until the contract is awarded. Purchasing COTS separately will introduce significant schedule risk to the contractor’s ability to perform and potential increased cost risk.

8. Market Research: Market research was conducted from October 2015 to April 2016 by TYAD Equipment Specialists and Engineers in accordance with FAR 10.002.

Internet research was conducted and other Test Stations resident at TYAD were considered as suitable candidates to fulfill this requirement and determined to be unacceptable alternatives due to the specific testing requirements. The FOV test stations are proprietary only to Goodrich. The Goodrich test station has proprietary test programs which operate the test station by applying the correct stimulus and taking the appropriate measurements. The details of the test are imbedded within the source code of the proprietary software. The unique FOV Test Station developed by Goodrich Corporation cannot be duplicated on standard Test Stations such as Lockheed Martin’s LM-STAR®, Versatile Digital Automated Test Station and the Next Generation Automatic Test System. The nature of measurements made on simulated laser guided anti-aircraft threats make this Test Station peculiar when compared to any alternatives.

As stated in paragraph 6. above, the SSA did not reveal any additional sources for this requirement. Upon the basis of market research and the SSA results, the technical experts have concluded that Goodrich Corporation is the only source capable of providing the required test equipment for the AN/AVR-2 LDS system.

9. Interested Sources: Goodrich Corporation is the only known source capable of and interested in providing the required supplies and services. Paragraph 6. above provides relevant information and findings. Any offers received in response to the solicitation will be considered.

10. Other Facts:

Procurement History: The FOV Test Station that is presently in use, delivered in 2001 to TYAD, was provided under an AVR-2A LDS system production contract to assist in the fulfillment by TYAD of depot level maintenance responsibilities in supporting the AVR-2A. The asset was modified under contract W15P7T-07-D- W003 into its current state, which is capable of assessing and determining the functional adequacy of detectors on all versions of the AN/AVR-2. The FOV Test Station and its modification were awarded non-competitively to Goodrich Corporation under the aforementioned contract, on 28 September 2007, under the authority of 10 United States Code 2304(c)(1) as implemented by Federal Acquisition Regulation 6.302-1.

a. Other Facts: There are no other facts to support this justification.

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Date:

Chief, Airborne Identification and Signa Countermeasures Section

13. Fair and Reasonable Cost/Price Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The contractor will be required to submit certified cost and pricing data and it will be analyzed to support the fair and reasonable cost/price determination for this requirement.

Matthew A. Chase Date: ____

Procuring Contracting Officer Signature:

14. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Matthew A. Chase Da

Procuring Contracting Officer Sig

Approval

Based on the foregoing justification, I hereby approve the award of a firm-fixed price contract for automated test equipment and ancillary services for Tobyhanna Army Depot (TYAD) on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1) and FAR 6.302-1, in the amount of subject to availability of funds, and provided that the services property herein described have otherwise been authorized for acquisition. If the proposed action is not completed within 180 days from the date below, this Justification and Approval shall be returned to the Special Competition Advocate for revalidation. Additionally, should there be changes to the requirement, basis for the justification, market conditions or increases in the estimated value of the proposed action, the Contracting Officer shall document the changes in a memorandum and obtain review/concurrence from the Special Competition Advocate.

Date: