REDACTED JA 23-0145 (0301 H53K ACI-Sikorsky).pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION LAKEHURST

ROUTE 547

JOINT BASE MDL NEW JERSEY 08733

IN REPLY REFER TO:

J&A 23-0145

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Lakehurst, NJ

2. Description of the Action Being Approved.

This Justification and Approval authorizes and approves a Fixed Price contract with Sikorsky Aircraft Corp (CAGE 78286) located in Stratford, CT for the procurement of Peculiar Support Equipment (PSE) end items and associated Technical Data Packages (TDP) and technical support for the CH-53K Program. Sikorsky will deliver the TDPs within six (6) months of contract award. Additionally, the PSE will be delivered six (6) months after drawing release.

3. Description of Supplies/Services.

NAWC-AD requires PSE hardware and associated product level TDP for depot level maintenance to support the CH-53K Program. The TDPs consist of all two (2)-dimensional drawings, field sheets, parts lists, application lists, and any other associated lists for the PSE identified in Table 1 below:

Table 1 Nomenclature Part Number NSN Quantity

UPPER/LOWER H LINK BUSHING REMOVAL SET 06700-10058-041 4920-LL-ERG-9344-QH 1

MILLING FIXTURE FOR TRH BUSHINGS 06130-11201-041T012 4920-LL-PFS-D549 1

STATIONARY SWASHPLATE MILLING FIXTURE 06100-08110-041T012 4920-LL-PFS-D547 1

ROTATING SWASHPLATE MILLING FIXTURE 06100-08103-101T012.04 4920-LL-PFS-D548 1

FLANGED BEARING NUT HOLDING FIXTURE 06100-08101-041T010.06 4920-LL-PFS-D357 1

SWASHPLATE ASSEMBLY FIXTURE 06700-15014-041 TBD 1

LATHE FIXTURE, ROTATING SWASHPLATE 06100-08103-101T013.04 4920-LL-PFS-D546 1

TURNING FIXTURE, SW 06100-08110-041T013.02 4920-LL-PFS-D542-H5 1

EAPPS Test Breakout Box/Cable Set 06700-30037-041 TBD 1

COPPER FOIL JUMPER MARKING TEMPLATES 06170-11010-101T002 TBD 1

MRB Caul Plate Bonding Fixture 06150-09014-042T018 TBD 1

MASTER CYLINDER TEST/HOLDING FIXTURE 06265-01800-101HF TBD 1

Manipulator 06001-05000-011T046 TBD 1 Sponson Sling 06800-06001-041T097 TBD 1 Sponson Install Tool 06800-06000-011T046 TBD 1

SPONSON TO CABIN ALIGNMENT TOOL 06800-06000-011T046.02 TBD 1

METERING PIN INSTALLATION/REMOVAL TOOL 06265-01800-101MP TBD 1

Sponson Cart 06800-06000-011T078.03 TBD 1 Fuselage Holding Fixture 06200-00000-041T010 TBD 1 Fuselage Hoisting Sling 06200-00000-041T097 TBD 1 WORK STAND, AIRCRAFT FINAL ASSY 06001-00015-041T341 TBD 0 (TDP Only) Flight Test Stands

06001-00001-042T081.00K TBD 1

Pylon Holding Fixture 06001-05005-041T010 TBD 1

ASSY FIXTURE, T/R PYLON 06001-05005-041T0100.04 TBD 1

TRANSPORT DOLLY, T/R PYLON SLING 06200-05002-041T078.03 TBD 1

Pylon Transport Fixture 06200-05002-041T078 TBD 1 Pylon Lifting Sling 06001-05005-041T097.02 TBD 1 Pylon Fixture 06001-05005-041T097.04 TBD 1 Nipple Assembly Tool AEC44112SE1 TBD 1 Contract Data Requirements Lists N/A N/A

This procurement will allow for delivery and acceptance of the final depot level maintenance PSE TDPs and hardware, which includes the conversion of the TDP into an acceptable format for the Government to use in future competitive procurements for production of the PSE. In addition, this effort will include technical support to resolve any Government questions on the validated content, drawings and Sikorsky Specifications or Standards referenced within the TDP.

This technical support effort will not exceed 200 hours over a 12-month period.

This procurement will support all United States (US) Navy and US Marine Corp aircraft and support equipment PSE/TDP requirements. PMA-261 Fiscal Year (FY) FY24 Aircraft Procurement, Navy (APN)-1 funding is available for this procurement.

Estimated Dollar Value

FY 23

APN-1 $6.128M

Total $6.128M

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

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Sikorsky is the Original Equipment Manufacturer of the entire CH-53K helicopter and all its components. Sikorsky designed, developed and integrated the PSE to support the CH-53K and is the only source that can provide the necessary PSE and TDPs to the Government. Sikorsky owns the proprietary data for all TDP associated with the depot level maintenance PSE.

Procurement through another source is not possible as Sikorsky is the only source that has the proprietary rights to the TDP and hardware associated with the depot level maintenance for the

CH-53K.

Award to any other source would require the need to reverse engineer and requalify the PSE.

The reverse engineering and requalification, design reviews, test and evaluation of the first article production units would result in an estimated twenty-four (24) month delay due to the required non-recurring engineering. The effort to complete the TDP would result in an additional eight (8) month delay. This estimated thirty-two (32) month delay would result in issues with depot level of maintenance and the Aircraft Conditioning Inspection Requirement, which could lead to the downing of aircraft in the fleet, which will result in an impact to the fleet’s mission.

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

As part of Market Research, a Request for Information/Sources Sought Announcement was posted on SAM.gov on 17 February 2023, and closed on 27 February 2023. The announcement closed with inquires received from Feder8Solutions, LLC, D. Gillette Industrial Services (DGI), and DeVal Lifecycle Support, LLC (DeVal). Feder8Solutions, LLC requested confirmation that the Government has unlimited data rights Technical Data Packages for each of the CH-53K PSE items, and requested that they would be made available to interested Offerors in support of a possible solicitation. DGI requested that they would be considered for this requirement, and provided capabilities statements. DeVal responded with a list of previously produced support equipment for the CH-53K, as well as a list of the company equipment/profile. In response to the three (3) inquiries, the Contract Specialist stated that the Government does not currently possess unlimited rights or the drawings, and that there is nothing that can be provided to interested Offerors in support of a possible solicitation. No further clarifications were required, as none of three (3) responded to the Government’s response.

The proposed effort was also synopsized on SAM.gov on 28 February 2023, until 15 March 2023. One response was received to the synopsis from Empire One Logistics Corporation, looking to supply transportation services. In response to the inquiry, the Contract Specialist stated that requirement is for PSE end items and associated TDPs, and that since the Government does not currently possess unlimited rights or the drawings, and that there is nothing that can be provided to interested Offerors in support of a possible solicitation. In response to the Government response, Empire thanked the Government for the clarification.

After the synopsis period ended, during review of the Statement of Work, the Contract Specialist noticed part discrepancies between the provided documents. As a result, the Government published a second synopsis on SAM.gov from 16 March 2023 to 31 March 2023. One response was received to the synopsis from Avioss LLC, providing their capabilities statement, and consideration for subcontracting. In response to the inquiry, the Contract Specialist stated that requirement is for PSE end items and associated TDPs, and that since the Government does not currently possess unlimited rights or the drawings, that there is nothing that can be provided to interested Offerors in support of a possible solicitation, and that the Government typically does not have direct involvement with subcontracting. No further clarifications were required, as Avioss LLC did not response to the Government’s response.

7. Determination of Fair and Reasonable Cost.

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

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, NAWC-AD has no plans to compete future contracts for the TDP being procured. If another potential source emerges, NAWC-AD 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 Cognizance:

Marc Patricelli, NAWCAD – Lakehurst, CH-53K Engineering Date

Requirements Cognizance:

Tahir Shah, NAWCAD – Lakehurst, CH-53K SE Program Officer Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

William Wrabley, Assistant Counsel Date

CONTRACTING OFFICER CERTIFICATION

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

Kyle Perry Date Procuring 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. 3204(a)(1).

Signature Date

PATRICK SMITH

Procuring Activity Competition Advocate (PACA) NAWCAD LKE Procurement Department