Redacted JA 20-0331 for Telair U.S Cargo Systems Electronic Latch Tester_Approved_Redacted.pdf

J&A 20-0331

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

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

2. Description of the Action Being Approved.

This justification and approval authorizes and approves on a sole source basis the issuance of a Fixed-Price contract to Telair U.S Cargo Systems (Cage Code 81868) for the procurement of sixteen (16) Electronic Latch Testers in support of PMA-207.

3. Description of Supplies/Services.

NAWCAD Lakehurst is tasked by PMA-207 to procure sixteen (16) Electronic Latch Testers (Part Number 51500-100; NSN 4920-01-397-7041) in support of the C-130 Aircraft program.

The Electronic Latch Tester is a compact instrument used for testing C-130 aerial delivery system right hand variable restraint latches. A handle on the latch tester is used to carry the tester and to facilitate mounting the unit to the cargo system's vertical restraint rail. In addition, the latch tester is provided with a carrying case for transportation and storage.

Estimated Dollar Value in Thousands

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

10 U.S.C. 2304(c)(1), 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.

Telair U.S. Cargo Systems is the Original Equipment Manufacturer (OEM) of the Electronic Latch Tester. There are no other manufacturers or authorized distributors for this part. Telair U.S Cargo Systems owns the technical data for the Electronic Latch Tester. Since Telair owns the technical data for the Electronic Latch Tester, Telair U.S Cargo Systems is the only source who can provide this piece of equipment.

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

IN REPLY REFER TO:

J&A_20-0331

Further, the cost and schedule delays in order to find another source for these parts would severely impact fleet readiness and effectiveness. This type of Electronic Latch Tester is needed because it is called out in PMA-207’s technical publications and there are logistics plans already in place for this part. PMA-207 would have to update their technical publications and logistics plans, and the resulting delays in performance and costs would not be recouped through competition. In addition to impacting fleet readiness and effectiveness, the estimated engineering cost for procuring another Electronic Latch Tester would be approximately $300K and would result in a six (6) month delay. In addition, the total logistics cost for procuring another Electronic Latch Tester would be approximately $500k and would result in a schedule delay of nine (9) months.

Based on the above, the OEM, Telair U.S Cargo Systems, possesses rights to the technical data for the Electronic Latch Tester and there are no other manufacturers who can meet the Government’s requirement of the Electronic Latch Tester.

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

PMA-207 searched the internet via the Yahoo, Bing and Google search engines for replacement products that met the required form, fit, and function of the Electronic Latch Tester. The search yielded no replacement parts that met the Government’s requirements. In addition, the search engines and databases were queried for the description, part number and NSN contained in paragraph 3. The searches yielded no results other than the OEM, Telair U.S. Cargo Systems.

The Government released a Request for Information (RFI) for the procurement of sixteen (16) Electronic Latch Testers (P/N 51500-100, NSN 4920-01-397-7041) on Beta.SAM on 21 February 2020 with responses due back on 04 March 2020. No responses were received. The Government released a pre-solicitation synopsis for the procurement of sixteen (16) Electronic Latch Testers (P/N 51500-100, NSN 4920-01-397-7041) on Beta.SAM on 13 May 2020 with responses due back on 28 May 2020. The Government received one response from a vendor on 22 May 2020 who submitted a quote in response to the pre-solicitation synopsis. The Contract Specialist responded to the vendor, and stated that the post is pre-solicitation post and the Government is not accepting quotes at this time. The Contract Specialist further explained that the pre-solicitation post was to inform all vendors of the Government’s intentions for this requirement. In addition, the Contract Specialist asked the vendor to provide documentation from the Original Equipment Manufacturer (OEM), Telair U.S. Cargo Systems, that their company is authorized to supply this exact part number. No response was received.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that the price negotiated for this acquisition is fair and reasonable. In accordance with FAR 15.404-1, the Contracting Officer shall ensure that all equipment procured under this contract is procured at a fair and reasonable price. The Contractor will submit a formal price proposal with other than cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. Telair U.S Cargo Systems proposal will be reviewed by experienced technical analysts, costs 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.

For the reasons stated in paragraph 5, only the OEM, Telair U.S Cargo Systems, is capable of providing the equipment to satisfy the requirements. The Government will continue to monitor industry when assessing future requirements in order to determine if any other vendors are capable of providing equipment that satisfies the necessary form, fit, and function.

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.

Signature Name (Printed) Phone No. Date

REQUIREMENTS CERTIFICATION

Signature Name (Printed) Phone No. Date

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).

Date