SPRHA1-25-C-0001 JA.pdf

CONTROLLED UNCLASSIFIED INFORMATION

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

CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 5

Was a J&A approved for the preceding acquisition where that acquisition required a J&A? Yes No

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Dollar Value of this Acquisition: < $750K > $750K and < $15M > $15M and < $100M > $100M

Contracting Activity: DLA Aviation Ogden

Purchase Request (if available) / Local ID Number: FD20202500002

Program / Project (and PE, if applicable): B-2 Redesign Antiskid Control Unit (RACU)

Program Type (PEO, Enterprise, of Operational): Enterprise

Authority:

6.302-1 – 10 USC 3204(a)(1), Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): J&A Type: Class Individual

Date See Digital Signature DLA Aviation

Signature

Date See Digital Signature

Project Lead / Program Mgr / Requiring Activity Reed Merkley Senior Program Manager/Lead Engineer

417 SCMS/GUEA

Signature

Date See Digital Signature

Contracting Officer Rocky Tello DLA Aviation - Ogden

Signature

Date See Digital Signature

DLA Legal Reviewer Michael O’Farrell DLA Counsel - Aviation

Signature

Date See Digital Signature

Chief of the Contracting Office (COCO) Mark Strawn DLA Aviation - Ogden

Signature

Date See Digital Signature

Signature

Date See Digital Signature

Chief Counsel

DLA Counsel - Aviation

Signature

CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 5

I. Agency and Contracting Activity.

Requiring Agency:

United States Air Force 6050 Gum Lane, Bldg 1215 Hill AFB, UT 84056-5825 Project Lead/Program Manager: Reed Merkley

417 SCMS/GUEA

Contracting Activity:

DLA Aviation - Ogden 6050 Gum Lane, Bldg 1225 Hill AFB, UT 84056-5825 Contracting Officer: Rocky Tello PR Number: FD20202500002

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

A. Upon approval to use other than full and open competition procedures the USAF will issue a spares contract (#TBD, Award Date: 20 December 2024 estimated; Period of Performance: 20 December 2024 to 31 December 2026 estimated). The contract is for Final Buy Out, per DFARS Part 207.103(d)(ii), procurement of the B-2 Redesigned Antiskid Control Unit (RACU) for fleet retrofit, RSP/POS spares and to provide the necessary spares and component parts to support the weapon system throughout its remaining service life (2058) to the USAF.

Contract will be awarded to: Meggitt Aircraft Braking Systems Corporation 1204 Massillon Road Akron, OH 44306-4186

UNITED STATES

CAGE Code: 0B9R9

Note: In this document, Meggitt Aircraft Braking Systems Corporation, is hereafter referred to as Meggitt, who is the Original Equipment Manufacturer of the B-2 Antiskid Control Unit.

B. The estimated dollar value is . Firm Fixed Price (FFP) pricing arrangement is anticipated. The estimated award date is 20 December 2024. The contract period of performance is estimated to be 20 December 2024 to 31 December 2026.

Description of supplies/services required to meet agency needs.

To establish a firm fixed priced contract that will not require an option and will be funded with FY25 Improved Item Replacement Program (IIRP) funding. The period of performance is 2 years. The total estimated dollar value of this acquisition is for procurement of the following spares:

Antiskid Control Unit, 26 ea, NSN 1630-01-388-4270, PN 6005307-3, Unit Price- $ Estimated Total cost

Wheel Board Sub-Assembly, 45 ea, NSN: TBD, PN:TBD, Unit Price- Estimated Total Cost- Power Board Sub-Assembly, 5 ea, NSN: TBD, PN: TBD, Unit Price-$ Estimated Total Cost- BITE Board Sub-Assembly, 5 ea, NSN: TBD, PN: TBD, Unit Price- Estimated Total Cost-$ Interconnect Sub-Assembly, 3 ea, NSN: TBD, PN: TBD, Unit Price- Estimated Total Cost-

Cost is estimated from market research for the B-2 Redesigned Antiskid Control Unit (RACU) completed 14 March 2023.

The contracting action will use 4930 CSAG-S Working Capital funds.

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

The Government is in the process of a redesign effort of the B-2 Antiskid Control Unit (ACU) due to electrical component

CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 5 obsolescence. As part of this RACU effort, the USAF required an integration contractor to provide engineering services. The USAF conducted a full & open competition under the ATLAS contract and awarded a redesign engineering services integration contract to ES3, with Meggitt (sole-source Original Equipment Manufacturer (OEM) of the proprietary design and sole owner of the data and/or rights to the B-2 ACU) as a subcontractor, to redesign the ACU addressing obsolescence and to provide prototype RACUs. ES3 and Meggitt will then utilize the prototype RACUs provided by Meggitt to conduct testing, and provide documentation needed to demonstrate, validate, and verify performance substantiating and supporting USAF airworthiness certification on the B-2 aircraft for subsequent fielding.

B. The Government did not purchase rights to the B-2 ACU data when the aircraft was originally fielded and only possesses ACU top-level drawings sufficient to assist in asset identification. The USAF does not currently possess or have rights to the necessary data to support the development of alternate sources of production of the B-2 ACU. Specifically, the USAF does not have rights to B-2 ACU detailed design and dimension technical data, manufacturing / production technical data, and internal ACU component technical data.

C. The Government requested Meggitt to sell the data and/or rights to the ACU to include technical drawings and test specifications. Meggitt responded on 14 March 2023 that it is unwilling to sell any data and/or rights to the Government. As part of the RACU development effort, Meggitt is willing to provide Limited-Commercial Data Rights per DFARS 252.227-7015(b) as necessary to support the repair of the RACUs by the USAF. Accordingly, Meggitt is the only firm capable of providing production RACUs and spares provisioning described in Section III above.

D. Further, the USAF has established the Mission Critical Degradation date for the B-2 RACU of January 2027. If redesign is not complete and procurement of spares are not in place, the B-2 fleet operations will be negatively impacted. To meet this date, the Government is assessing maintainability of the RACU and preparing for needed project activities: Critical Design Review, Qualification Testing, Hardware-In-The-Loop Testing, Airworthiness Certification, On-Aircraft Engineering Evaluation, and Field Service Evaluation. Each of these must be accomplished timely to assure B-2 fleet operations and supportability are not negatively impacted. By performing spares procurement contracting actions concurrently with the B-2 RACU project activities, assuring contract award NLT 20 December 2024, it is expected that B-2 fleet operations will be properly timed and supported by the spares acquisition requirements. If the Air Force were to wait until the completion of the B-2 RACU effort to initiate contract activities for this redesign effort, the Government would experience an additional two years of unacceptable delay.

Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Request For Information: The Request For Information was sent to Meggitt (dated 22 November 2022), requesting their willingness to sell the data and/or rights to the current B-2 ACU and/or RACU to include technical drawing and test specifications. The Meggitt response dated 14 March 2023 was received indicating unwillingness to sell the data and/or rights to the Government. No other sources have indicated willingness or capability to become a qualified source for the B-2 ACU through redesign or reverse engineering. Accordingly, the B-2 RACU will continue forward on the program schedule approved for IIRP funding.

Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting Officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) under Subparts 15.4 - Contract Pricing; to include technical evaluations and audits, as appropriate. The Contracting Office will obtain other than certified cost or pricing data IAW FAR Part 12. The Final Step is to include the Price Negotiation Memorandum (PNM). This detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 5

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

A. Market research, in accordance with FAR Part 10, has been conducted for the proposed acquisition and pending acquisition and soliciting inquiries from interested parties.

B. In accordance with FAR part 10, and in addition to ongoing market surveillance performed by the integrated product team, acquisition specific market research has been conducted by 417 SCMS. The Market Research Strategy focused on gathering information to support the efficacy of establishing cost effectiveness of pursuing ACU redesign programs.

Research included vendor surveys, commercial opportunities evaluation, product data and data rights evaluation, review of past and current terms and conditions of repair, performance requirements, engineering skills and techniques required, and additional and existing sources that can perform the requirements. Additionally, Internet based searches were conducted via Google, marketresearch.com, AcqNet, Bing, and by other Actions by USAF pursuant to FAR Part 10.0019(a)(2)(v).

C. Based on the research conducted and due to the highly specialized and unique nature of the B-2 weapon system, no viable substitute system/component could be identified to support this immediate requirement IAW FAR 6.303-2(c). The data presently reflects the minimum needs of the government.

D. Market research concluded that there are no alternate/additional sources capable of meeting the Government's requirement at this time and Meggitt (0B9R9) is the only known company capable of satisfying the Government requirements. Meggitt has indicated unwillingness to sell the data and/or rights to the Government. No other sources have indicated willingness or capability to become a qualified source for the B-2 ACU through redesign or reverse engineering.

B-2 RACU technical data being developed by Meggitt is not available to the Government and must be completed before fleet implementation can be completed.

E. The B-2 RACU is unique to the B-2 aircraft. There are no commercial variants of this aircraft. No commercial or non-developmental items are available with similar form, fit, or function parameters that can be used or modified to satisfy the agency's need.

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

Meggitt's Request For Information response dated 14 March 2023 stated that Meggitt is unwilling to sell the data and/or rights. No other sources have indicated willingness or capability to become a qualified source for the B-2 ACU through redesign or reverse engineering. Other impacts include small fleet size (20 AC), low replacement rate, and the significant efforts and lead time associated with design, qualification and certification of a new ACU. These activities would require longer lead time to complete (84 months) than is available prior to the Mission Critical Degradation date for the B-2 RACU of January 2027.

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

See Section VII above.

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.

Meggitt is the only source that has access to the B-2 RACU technical data needed at this time. The required data for this ACU redesign process development is not available outside of Meggitt. This proposed effort represents a one-time spares acquisition to allow continued B-2 fleet operations after the Mission Critical Degradation date of January 2027 without negative impacts to the fleet to reduce acquisition lead time. The USAF regularly inquires of the manufacturers in regards to sharing or selling the proprietary data rights for use in full and open solicitations. Furthermore, the USAF regularly performs analysis to determine the feasibility and cost effectiveness of reverse engineering the proprietary technology. The Government sent a Request For Information dated 22 November 2022. Meggitt responded on 14 March 2023 indicating unwillingness to sell the license or sale of data rights.

This B-2 ACU technical data is not available to the Government and must be utilized for RACU technical data to be developed under contract FA820321F0024. By performing this B-2 RACU spares acquisition contracting effort concurrently with the B-2 RACU program, B-2 RACU non-recurring technical data development is managed and completed timely to allow B-2 fleet

CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 5 operation by the USAF without interruption until the planned retirement date of 2058.

Accordingly, Meggitt is the only firm capable of providing the B-2 RACU spares described in Section III above without the USAF experiencing substantial duplication of costs and efforts that could not be expected to be recovered through competition. It would also result in unacceptable delays in fulfilling its spares acquisition requirements.

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.

Certification by the technical/requirements personnel.

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