JA-M048.pdf

W58RGZ-l 2-R-0427

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

WEAPON SYSTEM: CH-47

1. Contracting Activity: Army Contracting Command-Redstone, Aviation Logistics Directorate, CCAM-ALM, Redstone Arsenal, AL 35898-5000.

2. Description of Action: The nature of this contractual action will be a new Firm Fixed-Priced, Maintenance and Overhaul contract. Army Working Capital Funds Reparable will be utilized. A five-year, Indefinite-Delivery Indefinite-Quantity contract is contemplated with a minimum of 20 and a maximum of 300 each. A quantity of 50 each is included for potential Foreign Military Sales (FMS) requirements that will not be source directed.

3. Description of Supplies/Services: Army Contracting Command-Redstone proposes to acquire, on an other than full and open competitive basis, the maintenance and overhaul of the item listed below:

Weapon System: CH-47 Noun: Light, Landing Aircraft

PRID: M048

Input NSN: 6220-01-573-5489 Input P/N: 45-0434-2-2 Output NSN: 6220-01-573-5489 Output P/N: 45-0434-2-2 Qty: Min 20 Max 300 Estimated Dollar Value: $4,049,565.00 (FMS $485,947.80)

a. The total estimated dollar value for this requirement is $4,049,565.00. The dollar value is based on the Maintenance Expenditure Limit of $13,498.55 multiplied by the maximum quantity.

b. The contractor shall furnish all services, facilities, labor, materials, equipment, tools, and data (other than Government Furnished Property) necessary to accomplish the inspection and overhaul of the Light, Landing Aircraft that is required in order to return the item listed above to condition code A, as defined by Army Regulation 725-50, serviceable (issuable without qualification, new, used, repaired or reconditioned material, issue without restriction).

4. Authority Cited: The statutory authority permitting other than full and open competition is Title 10 U.S.C. 2304(c)(1 ), as implemented by Paragraph 6.302-1 of the Federal Acquisition Regulation (FAR), "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

SOURCE SELECTION INFORMATION - SEE FAR 3.104

W58RGZ-12-R-0427

5. Reason for Authority Cited:

a. The proposed acquisition requires use of the cited statutory authority because the item listed in paragraph 3 above has not been overhauled in the past. A Depot Maintenance Work Requirements for the overhaul is not currently available to support a competitive solicitation. The only known source(s) of overhaul data for the Light, Landing Aircraft is the manufacturer's blueprint(s)/production drawing(s), presently controlled by Grimes Aerospace (72914), 550 State Route 55, Urbana, OH 43078- 9482. This is not a Critical Safety Item (CSI).

b. The required delivery for the Light, Landing Aircraft is four per month, commencing 180 days after receipt of order.

6. Efforts to Obtain Competition: This item was not published in the latest edition of the Competition Advocate Shopping List (CASL) because it was an unprogrammed requirement not reflected in the quarterly budget stratification. The Directorate for Material Management will ensure to include the item in the next stratification, which will ensure its inclusion in the next revision of the CASL.. Pursuant to FAR 5.201 , the proposed acquisition will be synopsized in the Federal Business Opportunities (FedBizOpps) on or about 27 November 2012. As of 31 October 2012, there are no pending Source Approval Requests (SAR) per the Army Aviation Sustainment Gateway (ARISE) database, Source Management module. Any other additional sources identified through the synopsis procedure will receive due consideration as prescribed by law.

7. Actions to Increase Competition: Technical data is not currently available to support a competitive solicitation. Grimes Aerospace is the only source that can successfully overhaul the Light, Landing Aircraft since Grimes is the Original Equipment Manufacturer. To date, no other sources have expressed a written interest in this acquisition. The ARISE database was queried on 31 October 2012 and there are no pending Source Approval Requests (SARs) . If any new source(s) become qualified during the period of this contract, no new orders will be issued against this contract, and a new competitive solicitation will be issued. All possible sources will be solicited in future solicitations. There is a reasonable basis to conclude that the ·agency's minimum needs can only be satisfied by the afore stated contractor. This is not a CSI.

8. Market Research: In accordance with FAR Part 10, meaningful market research was conducted by the Commercial Acquisitions Manager Victor Digesti during April 2012, using personal knowledge in procuring supplies, contacting knowledgeable persons in Government and industry regard ing the commercia l nature of this requirement and standard industry practices in this area of supply/services, review of Government and/or commercial databases for relevant information (April 2012), along with review of source lists for identical or similar items obtained from Government, professional, and/or industry source (April 2012). This item was not published in the latest edition of the CASL because it was an unprogrammed requirement not reflected in the quarterly budget stratification. The Directorate for Material Management will

SOURCE SELECTION INFORMATION-SEE FAR 3.104

ensure to include the item in the next stratification which will ensure its inclusion in the next revision of the CASL. It has beeri determined that the Government's needs can be met by an item available in the commercial marketplace. Therefore, FAR Part 12 will be used.

9. Interested Sources: Pursuant to FAR 5.201 , the proposed acquisition will be synopsized in the Federal Business Opportunities (FedBizOpps) on or about·27 November 2012. To date, no other sources have expressed an interest in this acquisition. There are no SAR's pending approval. There is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by the afore stated contractor. All interested sources will receive due consideration as required by law.

10. Other Facts: Other factors affecting this effort are as follows:

a. Procurement history: The Light, Landing Aircraft for the Ch-47 has had spares contracts in the past, (See historic printout), awarded to only the OEM Grimes Aerospace (72914). The authority cited was 10 U.S.C. 2304(c) (1) as implemented by FAR 6.302-1. The Light, Landing Aircraft for the CH-47 has not been overhauled in the past, and therefore no history for any overhaul contract for this item.

b. Subcontracting Competition: Per FAR 19.702 and FAR 19.704, a Subcontracting Plan is required for large businesses on acquisitions that exceed $650K. According to FAR 19.704, the contractor must include FAR 52.219-8, entitled Utilization of Small Disadvantaged and Women-Owned Business Concerns, in all subcontracts that offer further subcontracting opportunities and shall require all subcontracts that offer further subcontracting opportunities (except small businesses) to adopt a plan that complies with the requirements of the clause at FAR 52.219-9, Small and Small Disadvantaged and Women-Owned Small Business, Hub Zone Small Business Concerns Subcontracting Plan. Grimes Aerospace will be required to comply with these requirements since they are a large business. The contractor's proposal must also consider FAR 52.244-5, titled Competition in Subcontracting.

c. Acquisition Data Availability: Technical data for the overhaul of the Light, Landing Aircraft is not currently available to support a competitive solicitation. The only known source(s) of overhaul data for the Light, Landing Aircraft is the manufacturer's blueprint(s)/production drawing(s) , presently controlled by Grimes Aerospace (72914), 550 State Route 55, Urbana, OH 43078-9482. Grimes Aerospace (72914), is the Original Equipment Manufacturer and the only approved source for overhaul of this item.

SOURCE SELECTION INFORMATION - SEE FAR 3.104

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

Name: Victor Digesti Date: 2012Apr12

Title: Commercial M&O Manager Signature: See attachment

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

Name: Victor Digesti Date: 2012Apr12

Title: · Commercial M&O Manager Signature: See attachment

13. Fair and Reasonable Cost Determination: : I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

This determination will be based on use of techniques which include: cost/price analysis, and use of independent Government estimates. Certified Cost or pricing data will be required in accordance with FAR 15.403-4. A formal audit provided by DCAA or Field Pricing Assistance will be requested as needed.

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

Name: Jeanie Clark Date:

Title: Contracting Officer

SOURCE SELECTION INFORMATION -SEE FAR 3. 104

Approval

Based on the foregoing justification, I hereby approve the procurement of the following:

Weapon System: CH-47 Noun: Light, Landing Aircraft

PRID: M048

Input NSN: 6220-01-573-5489 Input P/N: 45-0434-2-2 Output NSN: 6220-01-573-5489 Output P/N: 45-0434-2-2 Qty: Min 20 Max 300 Estimated Dollar Value: $4,049,565.00 (FMS $485,947.80)

Contractor:

Grimes Aerospace (72914), 550 State Route 55 Urbana, OH 43078-9482

On an other than full and open competition basis, pursuant to the statutory authority of 10 U.S.C. 2304(c)(1), as implemented by paragraph 6.302-1 of the FAR, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements", subject to the availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition. Army Working Capital Funds Reparable are being utilized at a potential estimated dollar value of $4,049,565.00.

Date: / Co N.6v / Z.

SOURCE SELECTION INFORMATION-SEE FAR 3.104