RedactedJABubbledoor.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

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I. Agency and Contracting Activity.

This Justification and Approval is to request authority for Other Than Full and Open Competition supporting requirements generated for the Air force Life Cycle Management (AFLCMC)/WIUAB Special Operations Forces/Personnel Recovery (SOF/PR) Fixed Wing Section. The contracting activity for this requirement is AFLCMC/WIUKA. The purchase request number supporting this contracting action is

FD2060-23-30292.

II. Nature and/or description of the action being approved.

Due to the circumstances described herein, the activity requests authority to acquire the repair and or replacement of damaged paratroop bubble doors (PBD) listed in the document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Services will include tear down, test and evaluation, paratroop bubble door window replacement, PBD repair, travel, shipping catalogue, PBD window seal replacement and PBD Toekick replacement. The contractor will also adhere to the Contract Data Requirements List.

Furthermore, this action will result in the award of a Requirements Type “D” Contract with Best Estimated Quantities (BEQs) of three (3) paratroop bubble doors per year, which will be on a Firm Fixed Price (FFP) and Cost Plus (CP) contract of 60 months with one (1) basic year ordering period followed by four (4) separate one year ordering periods. Orders may be issued on this Requirements contract from 30 May 2023 through 29 May 2028.

This sole source requirement will be purchased from the following company:

Airdyne Aerospace, Inc.

3160 Premier Drive Brooksville, FL 34604-8299

CAGE: 6H3N2

Small Business

III. Description of supplies/services required to meet agency needs.

This acquisition is an Interim Contractor Support (ICS) effort for the repair/replacement of the paratroop bubble doors utilizing 3010 OCONUS Procurement (OCO) funds. This contract defines the Contractor's requirement to repair/replace a BEQ of (3) three damaged paratroop bubble doors/windows and components of current HC-130J aircraft. The requirement will include inspection/evaluation of damaged paratroop bubble doors followed by a repair or replacement as needed.

The nominal Contract Line Item Numbers (CLINs) anticipated for each period are as follows with escalation:

CLIN Description Cost BEQ U/I Estimated Unit Price Total 0001 Teardown, Test and Evaluation FFP 3 EA 0002 PBD Window Replacement FFP 3 EA 0003 PBD Parts Replacement FFP 3 EA 0004 Diminishing Parts Study CPFF 1 LOT 0005 Engineering Services CPFF 1 LOT 0006 PBD Repair FFP 3 EA

11 Jul 2022 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 8 include disposition instructions for the condemned item. Condemnation shall not be requested due to unavailability of replacement parts. Condemnation may only be granted if the item inducted for repair manifests one or more of the following conditions:

a. Physical damage that affects greater than 90 percent of the material within the end item (i.e., crushed).

b. Burn damage that affects greater than 80 percent of components.

c. Repair is greater than 75 percent of the cost for a new end item.

The Government will require the contractor to maintain reach-back capability for engineering/technical advice/expertise on the AS-6BKS bubble door system hardware design and operation of contractor items.

Activities include, but are not limited to, engineering support, special studies, anomaly investigation, reliability improvement initiative development, repair of induced damaged items. Any of these activities requested by the Government may be used for repairs, correct deficiencies, and/or to implement design improvements and may require the contractor to update or develop technical data which shall be delivered to the Government.

Additionally, the contractor will provide a suitable stock of spares and/or manufacturing capability so that items procured sole source from Airdyne are available.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

Justification for sole source is FAR 6.302-1 “Only one responsible source and no other supplies or services will satisfy agency requirements.

Based on current market research conducted, this Paratroop Bubble Door is not a commercial product and is proprietary to the Original Equipment Manufacturer (OEM), Airdyne Aerospace, Inc. Bubble door data to provide ICS are intellectual property of Airdyne Aerospace, Inc. Moreover, Airdyne retains proprietary control and rights to this technology and data (drawings), and are unwilling to sell the data rights at this time. The Government has made attempts to acquire the data from Airdyne Aerospace, Inc. AFLCMC/ WIUAB previously reached out to Airdyne Aerospace, Inc. in July of 2021 and January of 2023 to ask if they were willing to sell the data rights. Airdyne's response was that at this time they were not interested in selling the data rights/IP for the AS-6 and AS-6R.

Market research shows that Airdyne Aerospace Inc. is the only source capable of meeting the requirements set forth in the Operational Requirements Documents from Air Mobility Command for providing HC-130J Paratroop Door and Integrated Armor with Spring-loaded Counter Balance repair. As the designer, developer, and sole manufacturer of the HC-130J Paratroop Bubble Door and Integrated Armor with Spring-loaded Counter Balance since program inception, Airdyne Aerospace Inc. is the only business with enough detailed knowledge of the design to adequately support the platform. This includes spares and support equipment required to support mission needs. Reverse engineering was considered; however, the present market for this system is not sufficient to warrant the costs of reverse engineering and validating another vendor. Organic Government engineering cannot support a reverse engineering effort of this scale.

A contractor reverse engineering effort would start from scratch, is estimated to increase the program cost by more than , and would require a 36-42 months to design, document, and test before it can be approved for fielding. This would only be for one (1) HC-130J aircraft.

11 Jul 2022 CONTROLLED UNCLASSIFIED INFORMATION Page 7 of 8 utilized for Profit/Fee calculations. The contract price will be negotiated in accordance with the procedures in FAR Part 15 ensuring the ultimate cost to the Government is fair and reasonable.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section V above, an RFI was posted to SAM.gov advising industry of the pending acquisition and soliciting inquiries from interested vendors on the market's capability to repair or replace existing doors or to provide existing Paratroop Bubble Doors for the HC-130J platform. The RFI was posted on 13 December 2022, with a response date of 31 December 2022, under Solicitation Number FA8509-XX-R-RFI Bubble Door.

Communication was made to determine if other sources existed which could support a competitive acquisition. No response was received from other industry vendors regarding the market's capability to provide ICS and repair or replace existing PBD doors for the HC-130J platform. According to research, the only source currently able to meet the Government's acquisition was Airdyne. As described in Section V, reverse engineering does not present a viable option due to the increased cost, schedule, and risk. The MR was reviewed and determined to be current, accurate, and relevant for this instant contract action.

A Dynamic Small Business Search (DSBS) was also conducted in January 2023 under NAICS 336413 and NAICS 541330 (Engineering). Although many companies had both manufacturing and engineering experience, this search yielded no results for a C-130 source (other than Airdyne Aerospace, Inc.) having the specific capability, knowledge and experience related to the development, manufacturing or servicing of the PBD to fit the Government's requirement for this effort.

In addition to the above, internet searches were conducted in January 2023, using key words “C-130 paratroop bubble door”, “C-130 SABIR systems” and "engineering services". This search led to multiple articles related to a SABIR system and the bubble door as the key component of the complete system.

However, all articles associated with these searches relate to the development of this system by Airdyne Aerospace R&D out of Calgary, Canada. Clients captured on these articles included U.S. Special Operations Command, the U.S. Air National Guard, U.S. Marine Corps, and the U.S. Coast Guard. These articles also stated that Airdyne Aerospace R&D “subsidiary, Airdyne Aerospace, Inc., handled the sales and marketing of the equipment, as well as repairs, from its headquarters in Florida.” No alternative Paratroop Door appeared in queries as being manufactured or researched.

Research conducted through historical knowledge, Small Business web searches, Internet searches, and other DoD programs, as well as current on-going SOF/PR programs provided no other sources for a complete bubble door with retractable system other than Airdyne Aerospace, Inc.

This acquisition does not fall under the definition of a commercial item that is defined in FAR Part 2.101.

This effort will provide a repair or replacement of a damaged Paratroop Bubble Door that is military unique and is not sold in the commercial marketplace to the general public or nongovernmental entities. The Government requires parts that meet the exact form, fit, and function as determined by the specific mission.

There are no aircraft in the commercial market with the same or similar components.

Therefore, market research concluded that the OEM, Airdyne Aerospace, Inc., is the only company capable of satisfying this acquisition.

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VIII. Any other facts supporting the use of Other Than Full and Open Competition.

None

IX. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VII (Only Airdyne Aerospace, Inc.)

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The Government does not possess the TDP for the Paratroop Bubble Door to support full and open competition. As mentioned above, an inquiry for sell of the TDP was sent to the OEM in July of 2021 and January of 2023. The OEM responded and declined interest in selling the TDP. The OEM's decision not to sell the data rights to the Government is the primary obstacle for removing competitive barriers. In the future, the Government intends to seek other alternatives and continue to pursue data rights from the current OEM to supply and service the paratroop bubble doors.

There was no prior plan to break barriers to competition as the PBD modification program was expected to end in 2024.

Based on fulfillment of the prior plan, the current J&A does not require higher level approval in accordance with DFARS PGI 206.304(a) (S-70) (ii).

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.