FD20601900155_REDACTED.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for the 638 Supply Chain Management Group (SCMG), 410 Supply Chain Management Squadron (SCMS) / GULB. The contracting authority for this requirement is Defense Logistics Agency (DLA/AWB) Aviation Warner Robins. The purchase request number supporting this contracting action is FD2060-19-00155.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

Due to the circumstances described herein, the activity requests authority to acquire the spares listed in this 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. This action will result in the award of a new contract, which will be a one year firm-fixed price, contract from the following company:

Martin Baker Aircraft Co. LTD DBA Martin Baker Lower Road, Higher Deham Near Uxbridge, Middlesex, United Kingdom

UB9 5AJ

CAGE: U1604

Large Business

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

This requirement is for the procurement of the items listed in this document in support of the T-38 ESUP Ejection Seat, specifically to provide initial spare support of the 10-year overhaul program.

The Reel, Shoulder Harness Assembly is located in the center of the seat back just below the headrest.

The inertia reel fulfills two functions: (1) it acts like the shoulder belt in a car, restraining the pilot against a 2gx forward (-x) motion. (2) upon ejection, it retracts the pilot to an upright posture to minimize the possibility of spinal damage due to spinal misalignment upon catapult ignition. On the left side of the seat bucket there is a handle which allows the crew member to manually lock the reel prior to intense maneuvers or landing to prevent possible injuries. Firing of the seat is normally by pulling one of the ejection pull handle control handles mounted on the seat bucket sides. The side pull handles are mechanically linked so that raising one will lift the other as well. Raising the handles actuates a pair of initiators via mechanical linkages. The Actuator, Electro-Mechanical is used to raise and lower the seat to accommodate different heights of personnel.

According to the Screening Analysis Worksheets, the Pull Handle, Catapult currently has an AMC/AMSC of 3/P while the Harness Assembly and the Actuator, Electro-Mechanical have an AMC/AMSC of 3/R. The AMC of 3 means to procure directly from the actual manufacturer. The AMSC of P means the rights to use the data needed for a competitive procurement are not owned by the Government and cannot be purchased, developed, or otherwise obtained. The AMSC of R means that the Government does not have adequate data, lacks the right to data, or both needed to competitively procure these items from additional source and has been unable to economically buy the data or rights to the data. It has been determined to be uneconomical to buy the data or rights to the data. It is uneconomical to reverse engineer the part.

Under the contemplated contract, Martin Baker Corporation will provide the following supplies which are required to support the 10-year Ejection Seat Overhaul Program:

Basic Requirement

NSN NOUN QTY UNIT PRICE TOTAL PRICE

1680-99-958-2695MH Reel, Shoulder Harness 54 $ $

1680-99-695-3410MH Pull Handle, Capapult 54 $

1680-99-213-1688MH Actuator, Electro-Mech 6 $ $

TOTAL POTENTIAL CONTRACT VALUE $

The type funding utilized for this requiuremnent is Consolidated Sustainment Activity Group (CSAG) Defense Working Capital Fund (DWCF) (Appropriation 97X4930). The projected validity period of the Requirements contract is August 2019 – July 2020. Delivery is estimated to start 240 days after receipt.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION

10 USC 2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR NATURE OF

THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED ABOVE

The agency’s minimum needs can only be satisified by the unique supplies available from the cited source which possesses the unique capabilities demonstrated as follows:

These parts associated with the T-38 ESUP Ejection Seat are Military Unique and function as Critical Safety Item (CSI). It is specialized because it contains special characteristics which, if not conforming to the design and operation of the part, could result in severe injury of the aircrew member or loss of life.

The Reel, Shoulder Harness Assembly is located in the center of the seat back just below the headrest.

The inertia reel fulfills two functions: (1) it acts like the shoulder belt in a car, restraining the pilot against a 2gx forward (-x) motion. (2) upon ejection, it retracts the pilot to an upright posture to minimize the possibility of spinal damage due to spinal misalignment upon catapult ignition. On the left side of the seat bucket there is a handle which allows the crew member to manually lock the reel prior to intense maneuvers or landing to prevent possible injuries. Firing of the seat is normally by pulling one of the ejection pull handle control handles mounted on the seat bucket sides. The side pull handles are mechanically linked so that raising one will lift the other as well. Raising the handles actuates a pair of initiators via mechanical linkages. The Actuator, Electro-Mechanical is used to raise and lower the seat to accommodate different heights of personnel.

The commercial industry does not use ejection seats and therefore does not have the same requirements for these items listed for procurement. There are presently 1008 Ejection Seats in 503 USAF T-38 ESUP aircraft that utilizing these parts and are part of the 10-Year Overhaul Program. The T-38 aircraft are scheduled to be in operation until 2040.

The current original equipment manufacturer for these items is Martin Baker Aircraft Co. Ltd. (CAGE U1604), which maintains its configuration by part number and configuration control. The Government either does not own any data/drawings/schematics or has limited rights which indicate an inability to release data for competitive solicitation. As a result, Martin Baker Aircraft Co. Ltd. is the only known source with adequate knowledge of the Pull Handle Catapult, Shoulder Harness Reel Assembly, and Actuator Electro-Mechanical performance requirements and has possession of the required technical data and capabilities needed to produce these items and ensure compatibility of the equipment. As of September 9th, 2018, the OEM, Martin Baker Aircraft Co Ltd, has declined to sell the rights for the data.

The shoulder harness reel, automatic deployment unit, and the electro-mechanical actuator were last purchased in July of 2016 under Contract FA8517-13-D0001 which was awarded to the Martin Baker Aircraft Co Ltd. (Cage U1604).

The T-38 ESUP 10-Year Overhaul Program requirments will be administrated and funded by

AFLCMC/WNU.

A developmental effort to qualify a new source would result in unacceptable delays in fulfilling the Air Force's requirements. A delay would cause mission cancellations due to not having Personnel Quick Releases for parachutes used on aircraft utilizing an ejection seat.

Accordingly, Martin-Baker Aircraft Co. LTD is the only firm capable of providing the supplies described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

Sources Sought Synopis number, FD2060-19-00155, was issued 16 November 2018 and closed on 01 Dec 2018.

This requirement will be synopsized on the Federal Business Opportunities (FedBizOpps) web page as required by FAR 5.201. It is anticipated that sources having an interest in subcontracting may be identified through synopsis. Although the Government does not own data to support acquisition of these components from any other source, any source who responds to the Government as a result of this synopsis will be identified to the prime contractor as a potential for subcontracting possibilities.

A response was received from Allied Defense Inductries, LLC., the company is a recognized distributor for Martin-Baker Aircraft Company (Cage U1604). Their prices quoted are over ~600% higher than the Governments Lastest D200 procurement costs.

The Government intends to procure these items using Other Than Full and Open Competition as prescribed in FAR 6.302-1, Only One Responsible Source and No Other Suppliers or Services Will Sastisfy Agency Requirements.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO

THE GOVERNMENT WILL BE FAIR AND REASONABLE

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.403-3, Other Than Certified Cost and Pricing, the contractor will be required to provide certified cost and pricing data to be used in supporting the Government’s evaluation of the proposed cost. 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.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A

STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED

Market research was conducted and completed 02 November 2018 pursuant to FAR 10.001 and 10.002.

The following market research tools were utilized by the Government program management team:

As stated in Section VI, a SS/RFI synopsis was posted to FedBizOpps on 16 November 2018. One response was received from Allied Defense Inductries, LLC., a recognized distributor for Martin-Baker Aircraft Company (Cage U1604).

Various internet queries were used to identify approved and potential sources. Queries were conducted in Haystack, Purchase Request Processing System (PRPS), System for Award Management (SAM), Joint Engineering Data Management Information and Control System (JEDMICS), Central (ized) Inventory Distribution System (CIDs), Inventory Locator Service (ILS), Tech Data-Product Data Management (TD- PDM) Gateway, and Google. Some of the web sites queried are as follows:

Google:

https://www.google.com/search?source=hp&ei=DnFcXLSZG4Pr Abc6om4BA&q=Catapult+pull+handle&b tnK=Google+Search&oq=Catapult+pull+handle&gs l=psy-ab.3..33i299.5450279.5454915..5455185...7.0..1.2031.7966.0j7j4j1j1j4j1j9-1......0....1..gws-wiz.....6..35i39j0i131j0j0i10j0i22i30j0i22i10i30j33i160.azghi_ho0pA https://www.google.com/search?ei=YoZcXKu Csbi Aari5fQAw&q=Reel+Shoulder+harness+Assembly&o q=Reel+Shoulder+harness+Assembly&gs l=psy-ab.3..33i299l3j33i160.157708.167649..167843...2.0..2.1060.10244.0j8j12j5j4j1j1j1......0....1..gws-wiz.......35i39j0i131j0j0i67j0i10j0i22i30j0i22i10i30j0i13j0i13i10j0i13i30j33i22i29i30.F5XbRUNzqic https://www.google.com/search?ei=DodcXOzTNauQggemlbuYDw&q=Electro- Mechanical+Actuator&oq=Electro-Mechanical+Actuator&gs l=psy-ab.3..0j0i22i30j0i22i10i30l2j0i22i30l3j0i22i10i30j0i22i30l2.43413.50598..50876...2.0..5.705.9601.0j4j12j4 j5j3j1......0....1..gws-wiz.......0i71j35i39j0i131j0i67j0i20i263j0i10.sGI32qkas2I

SAM. Gov:

https://www.sam.gov/SAM/pages/public/entitySearch/entitySearchEntityRecord.jsf

Haystack:

https://haystackgold.ihs.com/Code/NSN Report.asp?FNiin=999582695 https://haystackgold.ihs.com/Code/NSN Report.asp?FNiin=996953410 https://haystackgold.ihs.com/Code/NSN Report.asp?FNiin=992131688

None of the market survey queries identified additional sources for manufacture. A Dynamic Small Business Search (DSBS) was conducted using the key words “Reel, Shoulder Harness, Pull Handle, Capapult, and Actuator, Electro-Mech” and no companies appeared in the search results.

The ejection seat and the associated items are peculiar for military application with no commercial equivalent.

The market research concluded in order to fulfill the needs of the warfighter, Martin-Baker Aircraft Co.

Ltd is the only viable source capable to perform the manufacture of the items listed in Section III.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

None.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION

See Section VI above.

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE MAKING SUBSEQUENT

ACQUISITIONS FOR THE SUPPLIES

For this one-time acquisition, no actions are taken to overcome barriers to competition. This effort is strictly to provide the initial spares necessary to support the T-38 ESUP 10-Year Ejection Seat component overhaul program.

Currently, the OSS&E responsibility is assigned to AFLCMS/WNU, therefore any redesign or reverse engineering effort would be initiated by their office. If AFLCMC/WNU determine it to be economically feasible and decides to pursue a redesign or reverse engineer of the T-38C Ejection Seat, the 410th

SCMS/GULB would support their efforts.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.