Redacted-JA Limited Competition PRID AB835 W58RGZ-24-R-0049.pdf

Control Number:

Solicitation: W58RGZ-24-R-0049

Justification Review Document for Other than Full and Open Competition Federal Acquisition Regulation (FAR) Part 6

Program/Equipment: Aviation and Missile Command (AMCOM) Logistics Center (ALC) requirement for maintenance and overhaul of the Computer Flight Control for the UH-60.

Authority: Title 10 United States Code Section 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2), Only one or a limited number of responsible sources and no other supplies or services will satisfy agency requirements.

Amount:

Prepared by:

Typed Name: DSN: N/A Title: Acquisition Specialist Date:

Email:

Contracting Officer:

Typed Name: DSN:

Title: Contracting Officer Date:

Email:

Technical Representative:

Typed Name: DSN:

Title: Lead Inventory Management Specialist Date:

Requirements Representative:

Typed Name: DSN:

Title: _Chief, Acquisition Planning Division Date:

Reviews

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

Program Manager:

Typed Name: Phone:

Signature: Date:

Legal Counsel:

Typed Name: Phone:

Signature: Date:

Command Advocate for Competition:

Typed Name: Phone:

Signature: Date:

Justification and Approval for Other than Full and Open Competition – FAR Part 6

1. Contracting Activity: Army Contracting Command – Redstone Arsenal (ACC- RSA), ATTN: CCAM-ALB, Redstone Arsenal, AL 35898-5000.

2. Description of Action: The Aviation and Missile Command (AMCOM) Logistics Center (ALC) requests approval to award a sole source procurement for overhauling the Computer Flight Control. The resulting contract will be a single-award, firm-fixed price, five-year Indefinite Delivery Indefinite Quantity (IDIQ) Maintenance and Overhaul (M&O). Sikorsky Aircraft Corporation, 6900 Main Street, Stratford, CT 06614, (CAGE Code 78286) (UEI: UTJWTSLMFNG4) and Hamilton Sundstrand Corporation (Hamilton), 1 Hamilton Rd, Windsor Locks, CT 06096, (CAGE Code 73030) (UEI: JC42EBJ5NFJ1) are identified as approved sources on Systems Readiness Directorate's (SRD’s) Technical Justification and Certification for Proposed Sole Source Acquisition document. Both Sikorsky Aircraft Corporation and Hamilton Sundstrand Corporation are large businesses. On 25 October 2023, in response to USG approved vendor inquiry, Sikorsky stated they did not intend to bid. This buy will be a sole source procurement because Sikorsky does not intend to bid. The projected award date is 30 June 2024. The minimum quantity is 120, with a maximum quantity of 720, which includes a maximum of 120 for Foreign Military Sales (FMS). United States (US) quantities will utilize Army Working Capital Funds.

FMS quantities will use FMS funding, but this requirement is not source directed.

The potential FMS customers include , and . Currently, the applicable FMS Case numbers are unknown.

3. Description of Supplies/Services: ALC has a requirement to provide the overhaul of the Computer Flight Control. The contractor shall furnish all services, facilities, labor, parts, materials, equipment, tools, and data necessary to complete the inspection and overhaul. The following information is provided for the Computer Flight Control:

PRID: AB835

PRON:AX5M3290AX

SYSTEM: UH-60

Noun: Computer Flight Control Input/Output NSN: 6615-01-599-7108 Input/Output P/N: 1200100-3-004 Critical Safety Items (CSI): No

The estimated US requirement quantity is for the base year at an estimated value of and the estimated value of the out-years (two through five) is . The proposed procurement's total estimated value, including FMS dollars, is . This calculation is based on utilizing the Maintenance Expenditure Limit (MEL) of each, multiplied by the maximum quantity of

. The MEL can be found in the Independent Government Estimate. The Current Replacement Cost is and percent of the Replacement Cost is

. This total includes a combined quantity of FMS requirements.

The FMS requirements are not source directed. This contract will expire five years after the contract is awarded.

US and FMS requirements are as follows:

United States Quantity Unit Price Total Price

Base Year 120 Year 2 120 Year 3 120 Year 4 120 Year 5 120 Total 600

FMS Quantity Unit Price Total Price

Base Year 0 $ - Year 2 30 Year 3 30 Year 4 30 Year 5 30 Total 120

4. Authority Cited: Title10 United States Code Section 3204(a)(1) as implemented in FAR 6.302-1(a)(2)(ii), Only one or a limited number of responsible sources and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: The proposed acquisition requires using the cited statutory authority because technical data is not available to the Government for the Computer Flight Control overhaul requirement. The Government does not have the necessary access to the technical data needed to compete the requirement.

Hamilton is the only approved source with the technical data required to perform this acquisition. Currently, no other sources have access to or use authorization of the technical data package for this requirement. Therefore, only one sources that can compete for this award. In addition, this component is necessary for the UH- 60 Black Hawk to function correctly, and no alternatives are available;

accordingly, no other supply or service will satisfy the Government’s need.

Should a new source acquire the proprietary data from Hamiliton during the contract period of performance, the new source can compete in future procurements.

6. Efforts to Obtain Competition: In accordance with (IAW) Defense Federal Acquisition Regulation Supplement (DFARS ) 205.205- 71, DFARS 206.302-1(d), and DFARS Procedures, Guidance, and Information (PGI) 206.302-1 (d), a Sources Sought announcement was publicized on SAM.gov on 29 November 2023 and ended on 14 December 2023. As of 15 March 2024, no sources expressed interest in this acquisition. This acquisition will be synopsized in SAM.gov on or about 18 April 2024.

Subcontracting Competition: IAW FAR 19.702 and FAR 19.704, a Subcontracting Plan is required for this acquisition. According to FAR 19.704, the contractor must include FAR 52.219-8, entitled "Utilization of Small Business Concerns," in all subcontracts that offer further subcontracting opportunities and shall require all subcontractors, except small businesses, that receive subcontracts over $750K to adopt a plan that complies with the requirements of the clause at FAR 52.219-9, "Small Business Subcontracting Plan”. Per FAR 44.204(c), the solicitation and resulting contract will include the FAR clause 52.244-5, entitled "Competition in Subcontracting", and DFARS clause 252.219- 7003, entitled "Small Business Subcontracting Plan (DoD Contracts)", to ensure that all subcontracts are awarded on a competitive basis to the maximum extent possible.

7. Actions to Increase Competition: As stated in paragraph five, technical data is not available to support full and open competition, and the Government does not have an adequate DMWR to compete this requirement. In the Sources Sought notice applicable to this action, the Government notified all interested vendors that they must be approved sources to compete for this action. In addition, information was provided to direct vendors to the established sources approval processes and forms. Should a new source become qualified via the SAR process during the contract period of performance, the requirement for future orders will be reviewed. If a new requirement can be validated, a new contract package will be processed, and the new source(s) will be given the opportunity to compete for the award.

8. Market research Report/Commerciality Determination Report (MRR/CD):

In accordance with FAR 10.002(b), meaningful market research for AX5M3290AX was conducted by the Lead Inventory Management Specialist, AMCOM Logistics

Center, in the last 12 months (with specific dates for each step listed below).

Research methods included the following:

a) Personal knowledge in procuring supplies/services of this type:

b) Contacting knowledgeable persons in Government during July 2023 (to include an Inventory Management Specialist).

c) Publication of a formal request for information in the form of sources sought notice issued on 29 November 2023

d) Review of Government and/or commercial databases for relevant information during 06 September 2023 (Interactive Configuration Management and Procurement Program (ICAPP), Logistics Modernization Program (LMP), Federal Logistics Data on Mobile Media (FEDLOG), and (ARISE database).

As previously noted, the Sources Sought Notice was published on 29 November 2023. No sources expressed interest in response to the sources sought. Based upon this market research, the basic clauses and provisions prescribed in FAR Part 12 will be utilized in this acquisition. As determined by the market research, the only capable sources authorized to perform the required overhaul is Hamilton. The Contract Specialist conducted a query in the Interagency Contract Directory to identify Indefinite Delivery Vehicles (IDV), including Blanket Purchase Agreements (BPA), available for use by either components within an agency or agencies outside the awarding agency. This action resulted no available sources.

9. Interested Sources: The results of the Sources Sought announcement are addressed in paragraph six (6) of this document. There is a reasonable basis to conclude, at this time, that the agency's minimum needs can only be satisfied by Hamilton, 1 Hamilton Rd, Windsor Locks, CT 06096, (CAGE Code 73030) (UEI:

JC42EBJ5NFJ1). In addition, sources were determined by System Readiness Directorate’s (SRD) data form. All notices required by FAR 5.201(b)(1)(i) will be published, and any proposal received shall be considered. The contracting officer shall post a request for information and shall include the results of this inquiry in the justification required by FAR 6.303 and PGI 206.302-1.

10. Other Facts:

a. Procurement history:

(1) The Computer Flight Control has been overhauled by Hamilton.

DATE CONTRACT NIIN QTY UNIT PRICE COMPANY

3/3/2017 W58RGZ19D0032 EA

Hamilton Sundstrand

Corp.

9/24/2013 W58RGZ13D0217 EA

Hamilton Sundstrand

Corp.

(2) The above acquisition was a Sole Source acquisition.

(3) The Authority cited for the above procurement history is Title 10 United States Code (USC.) Section 3204(a)(1), as implemented by paragraph 6.302-1(a)(2) of the FAR, entitled, "Only one or a limited number of responsible sources and no other supplies or services will satisfy agency requirements."

(4) The Computer Flight Control is not a CSI. A current DMWR is not available to support a full and open competitive solicitation. The USG ‘s long term strategy was to obtain a DWMR. However, a firm product baseline had not been approved/reached. Therefore, it was determined that it is not cost effective to develop a DMWR until a firm product baseline had been reached. The USG does not own or have rights required for overhaul for this item.

(5) No prior contracts were competed using full and open competition. There has never been a full and open competition for the Overhaul/Upgrade/Repair of the Flight Control Computer due to the lack a DMWR. In addition, Hamilton is the only company with the proprietary data, technical expertise, and require tooling and machinery to conduct the upgrade/repair of this item.

(6) No unusual patterns have been revealed in the history of this action.

(7) The previous procurement has remained the same.

(8) Other Facts: There are no other facts to present that have not already been stated.

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

Typed Name: Date:

Title: Lead Inventory Management Specialist Signature:

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

Typed Name: Date:

Title: Chief, Acquisition Planning Division Signature:

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Determining fair and reasonable costs will comply with the policies, regulations, and procedures in FAR Part 15, "Contracting by Negotiation." Analysis techniques will include cost/price analysis, the use of Independent Government Estimates, and a comparison to prices historically paid for the required items.

These are commercial services, pursuant to FAR 15.403-3(a), therefore other than certified cost or pricing data will obtained.

Typed Name: Date

Title: Contracting Officer Signature:

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

Typed Name: Date:

Title: Contracting Officer Signature:

APPROVAL

Based on the foregoing justification, I hereby approve the procurement for overhauling the Computer Flight Control for from Hamilton Sundstrand Corporation, 1 Hamilton Rd, Windsor Locks, CT 06096, CAGE (Code 73030) (UEI:

JC42EBJ5NFJ1 on an other than full and open competition basis pursuant to the Authority of Title 10 United States Code Section 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2), Ony one or a limited number of responsible sources and no other supplies or services will satisfy agency requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for this acquisition.

DATE: Signature:

Senior Contracting Official