RECERTIFIEDJ A15R0295_14G00050024.pdf

Control Number W58RGZ-15-R-0295

SOURCE SELECTION INFORMATION – SEE FAR 3.104

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

WEAPON SYSTEM (BJ) AH-64 AIRFRAME

1. Contracting Agency: Army Contracting Command–Redstone (ACC-RSA), Aviation Logistics Directorate, ATTN: CCAM-ALS, Redstone Arsenal, Alabama 35898-5280.

2. Description of Action: The nature of this contractual action will be a new contract.

A Firm Fixed Price (FFP) One time buy type contract is contemplated. Army Working Capital Fund resources will be utilized for this effort. Procurement will be solicited under Request for Proposal (RFP) W58RGZ-15-R-0295.

3. Description of Supplies/Services: The ACC-RSA proposes to acquire the following item on an other than full and open competitive basis.

NOUN: Bracket Assy, Actuat

NSN: 1680-01-263-9844

P/N: 7-311511175-17 CSI: yes, dated 8 Nov 1994

PRON: AX5F5575AX

Qty: 50 each Total Est: $291,604.50 APPL: BJ (AH-64 Airframe)

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 United States Code (U.S.C.) 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” paragraphs FAR 6.302-1 (a) (2)(ii)(A). When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in substantial cost to the Government that is not expected to be recovered through competition. An Acquisition Plan is not required for this dollar threshold.

5. Reasons for Authority Cited: The proposed acquisition requires use of the cited statutory authority because the supplies are available only from the approved and restricted source of the item as shown below:

SOURCE SELECTION INFORMATION – SEE FAR 3.104

The Boeing Company (large business) Boeing Defense, Space & Security 5000 E. McDowell Rd Mesa, AZ 85215-9707 CAGE Code: 8V613

In accordance with Breakout Data, solicitation and any resulting award will be made to:

Boeing Company (large business) The Boeing Defense Space & Security 5000 E. McDowell Road Mesa, AZ 85215-9707 CAGE Code: 48T42

Existing unique design capability, engineering skills and manufacturing knowledge by the qualified sources require acquisition of the part from the approved sources. There are no other approved suppliers of the item. The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources.

Required delivery with Contractor Tested First Article Requirement is 50 each 263 Days After Contract Award (DACA). First Article Test Report is due 163 DACA. Required delivery without First Article Test is 50 each 175 Days After Contract Award (DACA) until contract completion with deliveries to New Cumberland, PA.

6. Efforts to Obtain Competition: The proposed acquisition was forwarded on 18 May 2015 for publication in the FedBizOpps as a sources sought synopsis and will be forwarded on 26 May 2015 for publication in the FedBizOpps pursuant to FAR 5.201 as a Pre-Solicitation Synopsis. This item was published in the Dec 2014 AMCOM CASL. The extent of effective competition anticipated is limited to the approved source.

Future procurements may identify new sources, through publication in the FedBizOpps.

7. Actions to Increase Competition: A full screening has been conducted in accordance with Department of Defense (DoD) Spare Parts Breakout Program, DoD Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Information (PGI) 217.7506 (November 12, 2010 Revision), which concluded that competition cannot be improved at this time. Technical evaluation of the data indicates this is the appropriate form of acquisition for this item and no further action is warranted.

Based on this review, there is a reasonable technical basis to conclude the item required by the agency is currently available only from the following approved source identified by their Contractor and Government Entity (CAGE Code: 8V613). This is a Critical Safety Item (CSI). Breakout Engineering has assigned an Acquisition Method Reason Code (AMRC) of “3Q” to this effort. As found in DFARS PGI 217.7506 Part 2- 201-1, Acquisition Method Code (AMC) “3” states, “Acquire for the second or subsequent time, directly from actual manufacturer” and as found in DFARS PGI

217.7506 Part 2-201-2, Acquisition Method Suffix Code (AMSC) “Q” states” The Government does not have adequate data, lacks rights to data, or both needed to

SOURCE SELECTION INFORMATION – SEE FAR 3.104

purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, reprocurement technical data indicate breakout to competition is expected to be achieved. Competition cannot be achieved or expanded until technical data is generated by the prime or OEM and disseminated to the Government for use.”

Although, by DoD-STD-100 definition, altered and selected items shall have an adequate technical package, data review discloses that required data or data rights are not in Government possession and cannot be economically obtained.” The problem with the missing/incomplete data should be resolved within the five year validation period which expires 18 Dec 2016. Source Approval Requests (SARs) submitted by possible new sources, if received will be reviewed to determine if the vendor(s) technical capabilities meet the requirements to manufacture the item as stated in the technical certification. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part nor use of a second source part in the intended application. Only sources that are listed as approved on the defining document are acceptable sources of supply for this item according to the technical certification.

Rescreening will occur prior to the expiration of the AMC/AMRC of 18 Dec 2016.

8. Market Research: Market Research IAW FAR 10.002 was conducted last year by a Logistics Management specialist, Weapon System Directorate during May 2015.

Market research utilized the following techniques: Personal knowledge in procuring supplies/services of this type and a sources sought synopsis as required by Policy and Compliance Guidance 2014-03, “Actions to Improve DoD Competition” dated 22 Sep 2014. This item was published in the Dec 2014 AMCOM CASL. It has been determined that the Government’s needs cannot be met by an item available in the commercial marketplace; therefore, FAR Part 12 will not be used.

9. Interested Sources: This item was submitted for publication in the FedBizOpps in accordance with FAR 5.201 as stated in paragraph 6 above. Interested sources identified through sources sought and/or pre-solicitation synopsis will receive due consideration as required by law. Currently there are no open SARs on this item according to the Aviation Engineering Directorate (AED) Source Management Database System as of 18 May 2015. To date, no other source(s) have expressed an interest in writing.

10. Other Facts/Other Factors:

a. The actions to increase competition used in prior J&As are the same as stated in paragraph seven of this J&A and previous actions have been synopsized in the Fedbizopps as required by FAR 5.201. Additionally, this requirement and the previous requirements were screened in accordance with DFARS, PGI Subpart 217.75.

SOURCE SELECTION INFORMATION – SEE FAR 3.104

b. Procurement history reflects this item has been bought previously from The Boeing Company, Boeing Defense, Space & Security, 5000 E. McDowell Rd., Mesa, AZ 85215-9707 (CAGE Code: 8V613) large business; Boeing Company, The Boeing Defense Space & Security, 5000 E. McDowell Road, Mesa, AZ 85215-9707(CAGE Code: 48T42) large business. These contracts were awarded utilizing the statutory authority permitting other than full and open competition 10 U.S.C. 2304(c) (1), as implemented by FAR 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” Procurement history is shown below.

Contract Date Qty Unit Price Total

Amount Cage

DAAJ09-84-G-A014 7/31/1986 69 $ 4,623.46 $ 319,018.74 8V613

DAAH23-99-G-0014 6/2/200 25 $15,662.00 $ 391,550.00 8V613

DAAH23-01-D-0112 7/11/2001 53 $13,919.00 $ 737,707.00 8V613

DAAH23-01-D-0112 9/21/2001 47 $13,919.00 $ 654,193.00 8V613

DAAH23-03-D-0162 11/20/2003 44 $ 8,706.64 $ 383,092.16 8V613

DAAH23-03-D-0162 11/20/2003 36 $ 8,718.00 $ 313,848.00 8V613

DAAH23-03-D-0162 3/4/2005 72 $ 8,706.00 $ 626,832.00 8V613

DAAH23-03-D-0162 2/28/2006 37 $ 8,796.00 $ 325,452.00 8V613

DAAH23-03-D-0162 9/15/2006 52 $ 8,706.00 $ 452,712.00 8V613

DAAH23-03-D-0162 6/28/2007 64 $10,044.00 $ 642,816.00 8V613

DAAH23-03-D-0162 4/30/2009 64 $10,044.00 $ 642,816.00 48T42

DAAH23-03-D-0162 4/30/2009 6 $ 8,706.00 $ 52,236.00 8V613

DAAH23-03-D-0162 4/30/2009 46 $ 8,706.00 $ 400,476.00 8V613

DAAH23-03-D-0162 4/30/2009 4 $ 8,796.00 $ 35,184.00 48T42

DAAH23-03-D-0162 4/30/2009 33 $ 8,796.00 $ 290,268.00 48T42

DAAH23-03-D-0162 4/30/2009 20 $ 8,706.00 $ 174,120.00 8V613

DAAH23-03-D-0162 4/30/2009 52 $ 8,706.00 $ 452,712.00 8V613

DAAH23-03-D-0162 4/30/2009 44 $ 8,706.64 $ 383,092.16 8V613

DAAH23-03-D-0162 4/30/2009 36 $ 8,706.64 $ 313,439.04 8V613

W58RGZ-06-D-0100 8/17/2011 70 $ 4,386.37 $ 307,045.90 8V613

W58RGZ-06-D-0100 9/26/2014 450 $ 4,157.77 $1,870,996.50 8V613

c. Acquisition Data Availability: The Government does not have adequate data, lacks rights to data, or both needed to purchase this part from additional sources. The Government has been unable to economically buy the data or rights to the data, although the part has been undergoing full screening for 12 or more months. Breakout to competition has not been achieved, but current, continuing actions to obtain necessary rights to data or adequate, reprocurement technical data indicate breakout to competition is expected to be achieved. Competition cannot be achieved or expanded until technical data is generated by the prime or OEM and disseminated to the Government for use.” The problem with the missing/incomplete data should be resolved within the five year validation period which expires 18 Dec 2016.

SOURCE SELECTION INFORMATION – SEE FAR 3.104

11. Technical 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: Paul G. Sieja______________ Date: 30 July 2014________

Title: Technical Loop Representative Signature: see Tech J&C___

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: Nakia Redmon_________ Date: 11 September 2014

Title: Acting Chief, AWCF Hardware Signature: see MFR_____ ACQ Div, Supply Chain Mgmt, ALC

13. Fair and Reasonable Cost Determination: "I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. No exceptions apply.

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

Name: ___________________________ Date: _________________

CHELE L. HINDS

CONTRACTING OFFICER

15. Contracting Officer Re-Certification: "I certify this Justification and Approval is accurate and complete to the best of my knowledge and belief."

Name: ___________________________ Date: _________________