Redacted JA.pdf

J&A_20-0065

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), as implemented by the Federal Acquisition Regulation (FAR) 6.302- Only one responsible source and no other supplies or services will satisfy agency requirements .

5. Rationale Justifying Use of Cited Statutory Authority.

Container Research Corporation is the sole designer, developer and manufacturer of steel and aluminum containers utilized for the V-22. The Non-Recurring Engineering (NRE) associated with the design of the V-22 MATS Containers and related qualification testing, including for ship shock verification, was completed under contract N00140-05-D-0028-0004. Subsequently, PMA-275 purchased MATS Containers under contracts SPRPA1-14-M-003W, SPRPA1-14-C- 013W and SPRPA1-15-C-002W. As the Original Equipment Manufacturer (OEM), Container Research Corporation is currently the only responsible source for a fully designed and qualified V-22 MATS container. Seeking a new source would cause unacceptable delays in fulfilling the requirement, as a new competitive procurement would take 9-12 months to award, with an additional 18 months for design, production and qualification testing of the new container.

This delay would surpass the operational need date of July 2021, to support the CMV-22 second deployment. Therefore, attempting to compete for a new source for the MATS containers would result in unacceptable delays in fulfilling the V-22 requirements.

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

A Sources Sought was posted on Federal Business Opportunities (FBO) website on 24 April 2019 seeking sources capable of fabricating, manufacturing, and producing the MATS containers for all variants of the V-22 type, model, series tilt-rotor aircraft, as required by DFARS PGI 206.302-1. No responses were received. In accordance with FAR 5.201, the proposed contract action was synopsized on the Beta.SAM website on 19 December 2019 stating the intent to award a sole source contract to Container Research Corporation. To date, no responses have been received. Any responses received by the Contracting Officer prior to award of this contract action will be coordinated with the NAVAIR Office of Small Business Programs to maximize competition for small business subcontractor opportunities.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer must ensure that all supplies and support are procured at a fair and reasonable price. Analysis of the proposal will be performed by technical analysts and contract specialists, with the assistance of Defense Contract Management Agency (DCMA) analysts and Defense Contract Audit Agency (DCAA) as needed. The Procuring Contracting Officer (PCO) will use Government expertise, including DCMA, DCAA, subcontract positions if needed. A detailed report developed as part of the Government evaluation will be utilized to establish a NAVAIR position. The Contracting Officer will work with DCMA and DCAA to establish a rate position with Container Research Corporation. The PCO will utilize cost and price analysis as the basis for negotiating a fair and reasonable price for the supplies and support covered by this J&A.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5 and 6, NAVAIR has no plans at this time to compete future contracts for the MATS Containers covered under this document. If appropriate data rights are obtained in the future, NAVAIR 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.

Date V-22 Program Manager, PMA-275

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Date Senior Associate Counsel NAVAIR Office of Counsel (AIR-11.1)

CONTRACTING OFFICER CERTIFICATION

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

Date Contracting Officer AIR-2.3.3.3, Naval Air Systems Command

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

Date Director for AIR ASW, Assault and Special Missions Programs Contracts, AIR-2.3