J&A_0264-16__W58RGZ-15-R-0398_Redacted_1.pdf

SOLICITATION: W58RGZ-15-R-0398

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

WEAPON SYSTEM: UH-60

1. Contracting Agency: Army Contracting Command – Redstone (ACC-RSA), ATTN:

CCAM-ALM, Redstone Arsenal, AL 35898-5000.

2. Description of Action: The nature of this contractual action will be a new requirement for a sole source acquisition resulting in a 5 year Firm-Fixed-Price, Maintenance and Overhaul (M&O) Indefinite Delivery Indefinite Quantity contract. Army Working Capital Funds, will be utilized. Foreign Military Sales (FMS) quantities are included and will utilize FMS funding.

The FMS requirements are not source directed.

3. Description of Supplies/Services: ACC-RSA proposes to issue a contract on an other than full and open competitive basis for the overhaul of the item listed below:

PRID: FB756

Weapon System: UH-60 Noun: PANEL, CONTROL, ELEC Input NSN: 1680-01-544-8954 Input P/N: 70550-02419-043 Output NSN: 1680-01-544-8954 Output P/N: 70550-02419-043 Estimated Quantity Range: 3 Minimum-235 Maximum (includes 39 FMS) Estimated Basic Value Estimated Out-Year (two–five) Value:

Total Estimated Dollars:

Contractor:

The estimated basic dollar value of the proposed procurement is and the out-years (two-five) estimated value dollars is The total estimated dollar value for this procurement is including FMS. This calculation is based on multiplying the Maintenance Expenditure Limit of each by the maximum quantity. This total includes 39 each FMS requirements. The FMS requirements are not source directed.

The United States (US) and FMS requirements, by year, are as follows:

US Req

FMS Req

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by Subsection 6.302-1(a)(2)(ii) of the Federal Acquisition Regulation (FAR), "Only one responsible source and no other supplies or services will satisfy agency requirements."

5. Reasons for Authority Cited: This requirement will provide continued maintenance and overhaul support to ALC for Non-Critical Safety Items (CSIs) that are major components of the UH-60 weapon system. The proposed acquisition requires the use of the cited statutory authority because technical data to include a Depot Maintenance Work requirement (DMWR) is not available for the Overhaul, Upgrade, and Repair Program for the Panel, Control Electrical requirement. The technical data rights for this requirement are proprietary and controlled by the original equipment manufacturer, and not the Government. No Depot Maintenance Work Requirement (DMWR) has been identified for this requirement. There are no plans to have a DMWR written for this item. This component has an IUID requirement. The contractor shall use the DFAR 252.211- 7003 (June 2014) and MIL-STD-130 (W/Latest Revision). Currently, there is only one source approved by the Aviation Engineering Directorate to perform the overhaul/upgrade/repair effort. The approved source is

The Directorate for Engineering has determined this is not a critical safety item. The required delivery for the Panel, Control Electrical is three each per month, 120 days after Product Verification Audit (PVA) approval.

A Maintenance and Overhaul Plan is required 30 days after contract award, and must be approved prior to the PVA.

6. Efforts to Obtain Competition: This item was last published in the March 2016 update to the

AMCOM Competition Advocate’s Shopping List (CASL). A Sources Sought announcement was publicized in Federal Business Opportunities (FedBizOpps) on December 7, 2015. No other sources expressed an interest for this requirement, as of December 18, 2015. As of July 2015, uirement Time Qty Unit Price Total Price Base Year 3 Year 2 58 Year 3 40 Year 4 45 Year 5 50

TOTAL 196

uirement

Time Qty Unit Price Total Price Base Year 0 Year 2 9 Year 3 10 Year 4 10 Year 5 10

TOTAL 39

there were no pending Source Approval Requests (SAR) per the Army Aviation Sustainment Gateway (ARISE) CSI database, Source Management module. Should another contractor become an approved source before contract award their proposal, if submitted, will be considered.

a. 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 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 Business Subcontracting Plan”. Per FAR 44.204(c), the solicitation and resulting contract will include the FAR Clause 52.244-5, “Competition in Subcontracting” to ensure that all subcontracts are awarded on a competitive basis to the maximum extent possible. will be required to comply with this requirement since they are a large business.

7. Action to Increase Competition: Technical data is currently not available to support a competitive solicitation, and there are no plans to have a DMWR written for overhaul of the Panel, Control Electrical. The only known source with the overhaul/upgrade/repair data necessary to perform this requirement is In the absence of the Government owned technical data, additional competition is not anticipated.

Sikorsky Aircraft Corporation is the only source authorized to perform the overhaul/upgrade/repair. There is reasonable basis to conclude that the agency’s minimum needs can only be satisfied by the authorized source that will be sought to perform the overhaul. Should a new source(s) become qualified via the SAR process during the contract period of performance, the requirement for future orders will be reviewed. If a new requirement can be validated, a new contract package will be processed and the new source(s) will be given an opportunity to compete for the award.

8. Market Research: In accordance with FAR 10.002(b) market research has been conducted by the M&O Manager and AMCOM Logistics Center, in the last 12 months.

Research methods included the following: personal knowledge in procuring supplies of this type, contacting knowledgeable persons in the government and industry during September 2015 (Logistics Utility Directorate), and review of government and/or commercial databases for relevant information during July 2015 (ICAPP, ARISE, Fedlog and SAM) and CASL historical data search was queried in March 2015. A sources sought notice was published December 7, 2015. It has been determined after market research that the government’s needs cannot be satisfied by commercial items, commercial items with customary or reasonable modifications, or non-developmental items. Furthermore, a re-evaluation has been made in accordance with FAR 10.002(b), which determined the Government requirement cannot be modified in a way that will allow for the item needs to be met commercially. The Overhaul of Panel, Control Electrical was designed to a unique military specification, and due to these specifications, the market place does not have a commercial effort available. To AMCOM Logistics Center’s knowledge, this effort has never been sold to other than the Government. Based upon the above, the basic clauses and provisions prescribed in FAR Part 12 are not sufficient for use in this acquisition and will not be utilized. The market research has identified the following source authorized to perform the overhaul/upgrade/repair:

9. Interested Source(s): A Sources Sought announcement was publicized in FedBizOpps on

December 7, 2015. The results of the sources sought announcement are addressed in paragraph 6 of this document. All notices required by FAR 5.201(b)(1)(i) shall be published, and any proposals received shall be considered. Any potential sources will be encouraged to submit SAR packages. As of December 18, 2015, there are no pending SARs per the ARISE database. This item was not identified as a CSI. There is a reasonable basis to conclude at this time, that the agency’s minimum needs can only be satisfied by The synopsis will be publicized in FedBizOpps on December 18, 2015.

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

a. Procurement History (Maintenance and Overhaul): There is no M&O procurement history for the Panel, Control, Elec

FAR Authority cited was 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(ii), “Only one responsible source and no other type of supplies or services will satisfy agency requirements.” This justification is still valid for this procurement.

b. Acquisition Data Availability: This item is not a CSI, but the drawings necessary to complete the overhaul of the assets are not available to the Government, and there are no plans to have a DMWR written for this item. Therefore, competition cannot be increased at this time.

The only known source of the overhaul data necessary to perform this requirement is Sikorsky Aircraft Corporation. In the absence of Government-owned technical data, all follow-on efforts are projected to be limited to There is currently no DMWR nor will it be pursued. Due to being the OEM it is more efficient and effective for to continue to maintain and upgrade as required as the vendor normally upgrades as required. This saves the government costs and maintains history for all units have been returned with the exception of one. Maintaining will ensure no gap in coverage and will assist in maintaining the demands on this item.

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: Date: 9 Sep 2015

Title: COMM M&O MNGR Signature: See attachment

12. Requirements 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: Date: 9 Sep 2015

Title: AMSAM-CM Signature: See attachment

13. Fair and Reasonable 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 the use of techniques which include: cost/price analysis, and use of independent Government estimates and comparative techniques. Certified cost and pricing data will be requested in order to determine the price fair and reasonable.

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

Name: Date:

Title: Contracting Officer Signature:

Approval

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

PRID: FB756

Weapon System: UH-60 Noun: PANEL, CONTROL, ELEC Input NSN: 1680-01-544-8954 Input P/N: 70550-02419-043 Output NSN: 1680-01-544-8954 Output P/N: 70550-02419-043 Estimated Quantity Range: 3 Minimum-235 Maximum (includes 39 FMS) Estimated Basic Value Estimated Out-Year (two–five) Value:

Total Estimated Dollars:

Contractor:

The estimated basic dollar value of the proposed procurement is and the out-years (two-five) estimated value dollars is The total estimated dollar value for this procurement is including FMS. This calculation is based on multiplying the Maintenance Expenditure Limit of each by the maximum quantity. This total includes 39 each FMS requirements. The FMS requirements are not source directed.

The United States (US) and FMS requirements, by Year, are as follows:

US Req

FMS Re

The statutory authority permitting other than full and open competition is 10U.S.C. 2304(c)(1), as implemented by paragraph 6.302-1(a))2(ii) of the Federal Acquisition Regulation (FAR) entitled, “Only one responsible source, and no other supplies or services will satisfy agency requirements,” subject to availability of funds, and provided that the services/supplies and other properties herein described have otherwise been authorized for acquisition.

Signature:

uirement Time Qty Unit Price Total Price Base Year 3 Year 2 58 Year 3 40 Year 4 45 Year 5 50

TOTAL 196

quirement

Time Qty Unit Price Total Price Base Year 0 Year 2 9 Year 3 10 Year 4 10 Year 5 10

TOTAL 39

MUHAMMAD.SHEL

LEY.R.1230757123

Digitally signed by

MUHAMMAD.SHELLEY.R.1230757123

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=MUHAMMAD.SHELLEY.R.1230757123 Date: 2016.07.29 11:02:30 -05'00'