ULTRAX Att_1-JA_over_SAT_V3 - Signed_Redacted.pdf

Attachment 1 U.S. Customs and Border Protection

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 3.0 November 2020 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

5. Demonstration That the Nature of the Acquisition Requires Use of the Authority Cited.

AMO is mandated to follow Army technical manuals (maintenance manuals) as a condition of an Interagency Agreement between AMO and the Army, codified in Memorandum TN 187552A, (specifically Paragraph 4f), dated 5/21/2019. AMO is not permitted to consider other testing devices, because the Army mandates use of specific part numbers of ULTRAX testing equipment in their technical manuals. ULTRAX Aerospace has not licensed or allowed any other companies to perform repair to their units, or to update software, and outsourced calibration of this equipment is very limited, therefore AMO is required to utilize ULTRAX aerospace for calibration and repair of this equipment.

Validation of this requirement has included an internet search to explore whether any other vendors are able to provide calibration services for ULTRAX equipment. One vendor offered calibration of two of the seven kinds of equipment AMO utilizes, but they were clear to specify that they could not provide adjustment, repair, software upgrades or anything other than confirming that the unit works as it is intended. This does not meet the intent nor the requirement, because all seven types of equipment must be calibrated, and repaired when needed.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

A notice in SAM.gov will be publicized, as required by FAR Subpart 5.102(a)(6) and 5.2.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The contracting officer has determined that the anticipated prices will be fair and reasonable based on a comparison of other AMO specialized equipment which must be maintained for other aircraft types. An example is the DPS1000 Pitot Static test set. This piece of equipment is required to satisfy an FAA mandate to certify the accuracy of various aircraft’s altimeters, transponders, and vertical speed instruments. AMO pays an average of per pitot static test set to have it calibrated. Repairs or software upgrades result in additional charges.

The average cost in the initial year for each piece of ULTRAX equipment covered under the UX Care support agreement would be , and this would include calibration along with any other software upgrades or repairs needed. This is a better

Attachment 1 U.S. Customs and Border Protection

Justification and Approval For Other Than Full and Open Competition For contracts or orders above the Simplified Acquisition Threshold (SAT)

Version 3.0 November 2020 value that what is currently paid for calibration only for the pitot static test sets. This evaluation demonstrates that the charges for UX Care are within normal industry standards, and therefore fair and reasonable.

8. Description of Market Research.

ULTRAX Aerospace has not licensed or allowed any other companies to perform repair to their units, or to update software, and outsourced calibration of this equipment is very limited.

An internet search was conducted to determine a list of vendors that could provide calibration services for the ULTRAX equipment that AMO owns. Market research ULTRAX Aerospace was the only vendor who could provide calibration, upgrade and repair services of all of the Agency’s specialized ULTREX test equipment.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

N/A

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

T.B.D.

11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome

Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

N/A

12. Planning and Funding Statement.

This acquisition does not result from a lack of planning or the expiration of funds.

13. Posting Requirement.

CBP will post this requirement on SAM.gov pursuant to FAR 6.305.