TH-57 JA 25 0052 Redacted.pdf

J&A 25-0052

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with FAR 6.302-1(a)(2)(iii), the services being procured through the anticipated contracting action are deemed available only from FlightSafety because an award to another source would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the agency’s requirements.

The current contract, N6134018C0019, was competitively awarded to FlightSafety and provides the required TH-57 training services through 30 April 2025. Contract N6134018C0019 was awarded with a Period of Performance that aligned to the anticipated divesture of the TH-57 program. Because of delays associated with the fielding of the TH-73 program, the Agency’s requirement is for continued TH-57 training services commencing on 01 May 2025 through the adjusted TH-57 divesture date.

FlightSafety’s cost of each Level 7 FSTD in the FY18 competitive contract was , totaling for the seven FSTDs. This cost was then amortized by FlightSafety over the current contract. Any other source would incur the cost of fielding new FSTDs, estimated to be after escalation, and amortizing the cost over the new contract. Because the costs of labor are largely normalized through a Collective Bargaining Agreement (CBA) and the overall performance period is so short, there are minimal and insignificant remaining areas that a competition could recover these duplicative costs. Therefore, there would be a substantial duplication of cost to the Government that is not expected to be recovered through competition, estimated at .

Continued performance of these services, commencing on 01 May 2025, requires five Level 7 FSTDs. Beyond the time required to conduct a competition, unacceptable delays would be realized. If a contract was awarded immediately to another source, an aggressive delivery timeline (based on the existing contract schedule) for trainer delivery would be first trainer delivery in October of 2025, and one per month after that. The resultant gap in TH-57 pilot production would be from 01 May 2025 until February of 2026 (with some partial capacity beginning in October of 2025). Failure to commence training on 01 May 2025 would result in a negative impact on fleet readiness; and any delay in providing trained pilots is unacceptable.

On the basis of both substantial duplication of cost and unacceptable delays outlined in FAR 6.302-1(a)(2)(iii), FlightSafety is the only responsible source for this effort.

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

A sources sought notice was posted to SAM.gov on 08 October 2024 with responses requested by 18 October 2024. One small business, expressed interest in the procurement but was unable to demonstrate capabilities that it could meet mission requirements within the required schedule. withdrew its interest following a meeting with the TH-57 IPT to discuss the circumstances of the procurement. An Intent to Sole Source Notice was posted to SAM.gov on 13 November 2024 with responses requested by 29 November 2024. There were no responses to this notice.

Therefore, it is assessed that FlightSafety remains the only responsible source.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAWCTSD has no plans at this time to compete future contracts for the types of supplies/services covered by this document. The services required by this document will cease with the final Naval Flight Student graduating from the TH-57 training syllabus, which coincides with the full transition to TH-73 training.

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.

Technical Cognizance:

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Requirements Cognizance:

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LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

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CONTRACTING OFFICER CERTIFICATION

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

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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. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

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