Redacted JA 21-0302.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MD 20670-1547

IN REPLY REFER TO:

J&A Number: 21-0302

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NA VAIR) Headquarters

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves, on a sole source basis, the issuance of a contract action under FAR Part 12 Basic Ordering Agreement (BOA) N68335-16-G-0008 to Teledyne Controls, LLC (Teledyne) in El Segundo, CA; more specifically, a modification to BOA Order N0001920F0035. Authority to act under this J&A expires after 30 April 2022.

3. Description of Supplies/Services.

The planned order modification will procure the following commercial items: (1) approximately one AirF ASE® (Flight Analysis and Safety Explorer) software license with a planned delivery date of 30-60 days after contract award and (2) software support of approximately one AirF ASE® licenses for 4 years with a planned period of performance of October 2021- September 2025. The estimated total value of the contract action and associated funding by fiscal year and type is as set forth in the table below.

Estimated Dollar Value in Thousands

APN-1

FY 19/20/21/22 Total

$[REDACTED] $

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

10 U.S.C. 2304(c)(l), Only one responsible source and no other supplies or services will satisfy agency requirements.

J&A Number: 21-0302

5. Rationale Justifying Use of Cited Statutory Authority.

Teledyne is the Original Equipment Manufacturer (OEM) of AirF ASE®. The AirF ASE® software toolset is used by NA VAIR for the determination of airframe and engine usage from flight data generated by the P-8A Poseidon aircraft. Teledyne is also the OEM of the Multi-Function Data Acquisition Unit (MFDAU), which captures the flight data used by AirF ASE®. No other tool exists that can be used with the proprietary software Teledyne installs on the MFDAU. The Government possesses neither the technical data nor the computer software to enable a source, other than Teledyne, to meet the requirements. In order to enable other sources, besides Teledyne, to compete for the requirements at hand, NA VAIR would need to: (1) conduct competitive procurements for replacements to both the MFDAU and AirF ASE®; and (2) procure the production and retrofit MFDAU replacement incorporations into the P-8A aircraft. Assuming, without concluding, that this could be accomplished, pursuing such a course is estimated to take 5-7 years based on actual time to compete a similar requirement, resulting in unacceptable delays in fulfilling the agency's requirements at hand, which must be fulfilled prior to, or soon after, P-8A engines reaching their initially estimated cycle limits planned to occur during calendar year 2021.

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

In accordance with FAR 5.201, a sources sought notice for this requirement was posted to the Beta.SAM website on 01 April 2021 and closed on 16 April 2021. Only one response was received-- a capability statement from [REDACTED].

NA VAIR notified [REDACTED] that the information provided by [REDACTED] did not demonstrate that [REDACTED] was capable of fulfilling the requirements.

[REDACTED] did not respond to NA VAIR' s notification. A presolicitation notice was posted to the Beta.SAM website on 05 May 2021. No responses were 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 Teledyne to provide the required supplies and services.

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 on Future Competition.

For the reasons set forth in Paragraph 5, NA VAIR Headquarters 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, NA VAIR Headquarters will assess whether competition for future requirements is feasible. Because this effort is a follow-on for similar supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(i), the prior CJ&A (CJ&A 20-0031 approved on 14 April 2020) was provided to the approval authority for review. The prior CJ&A did not cite any planned

J&A Number: 21-0302

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)

LEGAL SUFFICIENCY REVIEW

[REDACTED]

Phone No.

I have determined this Justification is legally sufficient.

Signature Name (Printed)

[REDACTED]

Phone No.

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)(l), Only one responsible source and no other supplies or services will satisfy agency requirements.

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