(Redacted)10-140approvedJA_rev9-1.pdf

Control Number: 10-140

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Program/Equipment: Repair of Flight Data Recorder, and Interconnecting Box Authority: 10 U.S.C/ 2304(c)(1) and FAR 6.302-1 Amount: $1.9M

Prepared By:

Norman Karp DSN: 992-3723 Electronics Engineer Date: 8 Nov 2010

Procuring Contracting Officer:

Dwight Hill DSN: 867-0070 Date Reviewed:

Technical Representative:

Man Moy DSN: 992-5404 Electronics Engineer Date Reviewed: 8 Nov 2010

Requirements Representative:

Gail Bartholomew DSN: 992-5065 Inventory Management Specialist Date Reviewed: 9 Nov 2010

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Chief, Avionics Branch Product Realization Directorate Communications-Electronics Research Development and Engineering Center

James B. Mueller DSN: 992-2320

Signature _________________________________ Date: 8 November 2010

Legal Counsel:

Patricia Cunningham DSN: 992-9833

Signature _________________________________ Date:

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: U.S Army Contracting Command CECOM Contracting Center ATTN: CCCE-CAK-A Bldg. E-4513 Aberdeen Proving Ground, MD 21005-5401

2. Description of Action: The proposed action is for a five-year, Firm-Fixed-Price, Indefinite Delivery Indefinite Quantity contract , with an ordering ceiling of $1.9M, for repair of a mix of the Flight Data Recorders (National Stock Number (NSN): 6610-01-580-9437) and Interconnecting Boxes (NSN: 5895-01-654-9012). Army Working Capital Funds will be used for this effort.

3. Description of Supplies/Services: The Flight Data Recorder (Model 2500 Enhanced All Purpose Recorder with Ethernet Filter (Part Number (P/N): 2500-1302-01) and the Interconnecting Box (Model S162 Control Unit with Built-In-Microphone (P/N: S162-0300-70)), are used in the CH-47F Chinook helicopter. The Flight Data Recorder is designed as a 2-hour, 4-channel high quality voice recorder connected with an Interconnecting Box that has a built-in microphone. The Flight Data Recorder has 128 Mega-Bytes for flight data storage that operates on 28-volt direct current. This system is also commonly known as the “black box” with similar purpose as ones that are used inside commercial airlines. The repair services are needed to ensure that Flight Data Recorders are maintained in operationally ready condition and are available to provide critical mission capabilities. The total estimated price of the proposed action is $1.9M.

4. Authority Cited: 10 U.S.C. 2304c ) (1) and FAR 6.302-1, Only One Responsible Source

5. Reason for Authority Cited: The proposed source for this action is L-3 Communications Aviation Recorders (L-3), 100 Fruitville Road, Sarasota, Florida 34232. L-3 Communications is the Original Equipment Manufacturer (OEM) of the Flight Data Recorder and Interconnecting Box. These items were selected by Boeing to be placed in the CH-47F which contains special data programs. The Government does not possess the technical data (drawings or specifications and software) defining form, fit, function, and testing requirements for these items being repaired. The necessary specification, documentation, and software needed to repair these items are proprietary to L-3. L-3 is the only source that possesses the repair capability, software, and technical data necessary to provide the Government with items that will perform the required data recorder functions of the CH-47F helicopters. On 15 January 2010, L-3 informed the Government that it is not interested in selling the Technical Data Packages for the Flight Data Recorder and Interconnecting Box. It is estimated that the use of any other source would result in delays of 2 years and duplication of costs of $1M that would not be recovered through competition. This estimate is based on the time and expense that would be required to reverse engineer these items to develop the repair capability and pass obtain Airworthiness Release Certification. L-3 Communications is the only source capable of providing the repair services for these items that are beyond the capabilities/capacity of Tobyhanna Army Depot. Without an operable Flight Data Recorder and Interconnecting Box, CH-47F helicopters would be grounded which will result in the inability of Army Aviation units to perform its mission.

6. Efforts to obtain Competition: Market research was conducted, details of which are in the market research section of this document. This effort has not identified additional potential sources. There is no competition anticipated for this effort.

7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed;

however, it is anticipated that follow-on acquisition of repairs will need to be conducted on a sole source basis.

8. Market Research: On 4 June 2010, technical experts from the Logistics and readiness Center posted a Sources Sought Announcement (SSA) on the Federal Business Opportunities (FedBizOpps) Page. L-3 was the only company that responded to the SSA. Based on this market research the Government’s technical experts determined that only L-3 can meet the Government’s requirements for repair of these units.

9. Interested Sources: In accordance with FAR 5.201., the solicitation will be synopsized on the FedBizOps Page. Any proposals that are received shall be evaluated.

10. Other Facts:

a. Procurement History: There is no procurement history for repair of these items, as this is the initial acquisition of repair services for these items by the Government.

b. Acquisition Data Availability: The Government only possesses a Broad Based Statement of Work, and L-3’s part numbers.

c. Subcontracting Opportunities: FAR 52.244-5, Competition in Subcontracting, will be included in the solicitation and subsequent contract.

11. Technical Certification: I certify that that supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Man Moy Date: _8 Nov 2010_______________

Electronics Engineer Signature: _______________________

12. Requirements Certification: I certify that that supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Gail Bartholomew Date: ____9 Nov 2010______________

Inventory Management Specialist Signature: __/s/ Gail Bartholomew____

13. Fair and Reasonable Cost determination: I will ensure that the price to the Government for this contract action is fair and reasonable. Normal acquisition procedures will be followed to determine that the contract price is fair and reasonable. Items are commercial, therefore certified cost or pricing data will not be obtained pursuant to FAR 15.403-(b)(3).

Dwight Hill Date: __________________________

Procuring Contracting Officer Signature: ______________________

14. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to best of my knowledge and belief.

Dwight Hill Date: __________________________

Procuring Contracting Officer Signature: ______________________

APPROVAL

Based on the foregoing justification, I hereby approve the award of a Firm-Fixed-Price, Indefinite Delivery Indefinite Quantity contract, with an ordering ceiling of $1.9M, for repair of a mix of the Flight Data Recorders (National Stock Number (NSN): 6610-01-580-9437) and Interconnecting Boxes (NSN: 5895-01-654-9012, on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1), subject to the availability of funds, and provided that the services herein described has otherwise been authorized for acquisition. If the proposed contract action is not completed within 180 days from the below date, this Justification and Approval shall be returned to the Competition Advocate for revalidation. Additionally, if any changes to the requirements, basis for the justification, market conditions or increases in the estimated value of the proposed action occur at any time, the Contracting Officer shall document these changes in a memorandum and obtain review/concurrence from the Competition Advocate.

Date: ____________________ Signature: __________________________________ Marla S. Flack Special Advocate for Competition