Redacted_PARC_Signed_JA(0163-16)_W58RGZ-16-R-0342_PRID_FB703-1.pdf

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN FULL AND OPEN COMPETITION

Program/Equipment: Overhaul/Repair of Transmission, Mechanical for UH-60 Blackhawk

Authority: 10 U.S.C. 2304(c)(1)

Amount:

Prepared by:

Typed Name: DSN:

Title: Contract Specialist Date: 1 March 2016

E-mail:

Contracting Officer:

Typed Name: DSN:

Date Reviewed: ___________________

E-Mail:

Technical and Requirements Representative:

Typed Name: DSN:

Title: Logistics Management Specialist Date Reviewed: 29 March 2016

Control No:

W58RGZ-15-R-0231

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Control No:

W58RGZ-15-R-0231

SOURCE SELECTION INFORMATION – SEE FAR 3.104

FOR OFFICIAL USE ONLY

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

Chief

Typed Name: DSN:

Signature: Date: ______________________

Legal Counsel

Typed Name: DSN:

Signature: Date: ______________________

Special Competition Advocate

Typed Name: DSN:

Signature: Date: ______________________

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JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

WEAPON SYSTEM: UH-60, BLACKHAWK

1. Contracting Activity: 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 sole source procurement limited to the source approved by the Aviation Engineering Directorate resulting in a single fixed-price, five-year Indefinite Delivery Indefinite Quantity (IDIQ) Maintenance and Overhaul (M&O) Contract. Army Working Capital Funds, Reparable will be utilized. The minimum quantity is 20 , with a maximum quantity of 198 . Foreign Military Sales (FMS) quantities are included and will utilize FMS funding, but this is not a source directed action.

3. Description of Supplies/Services: Aviation Logistics Center has a requirement for contractor support to provide overhaul/repair of the Transmission, Mechanical in order to return the items as specified by the statement of work, to condition code A as defined by Army Regulation 725-50. The contractor shall furnish all services, facilities, labor, parts, materials, equipment, tools, and data necessary to complete the inspection and overhaul/repair. The following information is provided for the Transmission, Mechanical.

PRID: FB703-1

PRON: AX5M0112AX

Noun: Transmission, Mechanical Input NSN: 1615-01-542-7514 Output NSN: 1615-01-542-7514 Input P/N: 70351-58100-046 Output P/N: 70351-58100-046 Estimated Quantity Range: 20 Minimum – 198 Maximum (includes 33

FMS)

Estimated Basic Value:

Estimated Out Years (two – five) Value:

Total Estimated Dollars:

The estimated basic dollar value of the proposed procurement is , the out-years (two-five) estimated value including FMS is . The total estimated dollar value of the proposed procurement is

. This calculation of multiplied by the maximum quantity of 198 each. This total includes a combined quantity of 33 each FMS requirements. The FMS requirement is not source directed.

The contract will

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

Control No:

W58RGZ-15-R-0231

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Control No: W58RGZ-1 -R-0

SOURCE SELECTION INFORMATION – SEE FAR 3.104

FOR OFFICIAL USE ONLY

US Quantity Unit Price Total Price Basic 20 $ Year 2 25 $ Year 3 30 $ Year 4 40 $ Year 5 50 $

TOTAL 165 $

FMS Quantity Unit Price Total Price Basic 0 $ - Year 2 8 $ Year 3 8 $ Year 4 8 $ Year 5 9 $

TOTAL 33 $

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

5. Reason for Authority Cited: The proposed acquisition requires the use of the cited statutory authority because the Transmission, Mechanical is a Critical Safety Item (CSI), and overhaul/repair can only be performed by an approved source. Pursuant to the provision of Public Law No. 108-136, National Defense Authorization Act Fiscal Year 2004, Section 802, Quality Control in Procurement of Aviation Critical Safety Items and Related Services, as implemented for acquisition by Department of Defense Acquisition Regulation Supplement 209-270, contracts for modification, repair or overhaul of CSI items can only be awarded to a source approved by the head of the design control activity . The Transmission, Mechanical became a CSI on 22 August 2007.

Currently there is only one source approved by the AED to perform the overhaul/repair effort. The approved source of overhaul/repair is: Sikorsky Aircraft Corporation, 6900 Main St., Stratford, CT, 06615-1378 (CAGE Code 78286). In addition, technical data to include a Depot Maintenance Work Requirement (DMWR) is not available for the Transmission, Mechanical overhaul/repair requirement. The technical data rights for this requirement are proprietary and controlled by the original equipment manufacturer (OEM), Sikorsky Aircraft Corporation, and not by the Government. The drawings necessary to complete the overhaul of assets are not available to the Government and there are no plans to have a DMWR written for this item, based on the lack of Government owned technical data rights.

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W58RGZ-15-R-0231

SOURCE SELECTION INFORMATION – SEE FAR 3.104

FOR OFFICIAL USE ONLY

The required delivery of the Transmission, Mechanical is five (5) each per month, 260 days after receipt of assets. A Frozen Plan is required for the item within 30 days after contract award, and must be approved prior to acceptance of deliveries. Sikorsky Aircraft Corporation (CAGE Code 78286) is the only known source identified as having the essential qualifications to meet the Government’s delivery requirements. The Transmission, Mechanical is vital to the operation of the aircraft and if not available will impact readiness and could cause the fleet to be grounded. Failure to award this requirement will delay the ability to provide the quick response to support soldier’s needs. The UH-60 will be greatly degraded due to the limited number of serviceable assets available for issue.

6. Efforts to Obtain Competition: This item was last published in the December 2015 edition of the AMCOM Competition Advocate’s Shopping List (CASL). A Sources Sought announcement was publicized in Federal Business Opportunities (FedBizOpps) on 8 May 2015. No other sources have expressed interest in this acquisition to date.

Pursuant to FAR 5.201, the proposed acquisition will be synopsized in the FedBizOpps immediately upon approval of the J&A. The Army Aviation Sustainment Gateway (ARISE) CSI database, Source Management module, was queried on 11 January 2016 and there are no pending source approval request (SAR) packages awaiting processing. Should another contractor become an approved source before contract award, their proposal, if submitted will be considered. Any additional sources identified through the synopsis procedure will receive due consideration as prescribed by law, although a source must be approved in order to have a proposal evaluated for this requirement.

Subcontracting Competition: Per FAR 19.702 and FAR 19.704, a Subcontracting Plan is required for large businesses on acquisitions that exceed $700,000.00. 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, entitled “Competition in Subcontracting” and DFARS clause 252.219-7004, entitled “Small Business Subcontracting Plan (Test Program)” to ensure that all subcontracts are awarded on a competitive basis to the maximum extent possible. Sikorsky Aircraft Corporation (CAGE Code 78286) will be required to comply with these requirements since their business size is large and the estimated dollar value of the contract exceeds $700,000.00.

7. Actions 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 the Transmission, Mechanical, based on the lack of Government owned technical data rights. There are currently no ongoing actions to increase competition for this requirement. Efforts to have this item overhauled are limited to the identified

W58RGZ-15-R-0231

SOURCE SELECTION INFORMATION – SEE FAR 3.104

FOR OFFICIAL USE ONLY

the Government does not own nor have rights to the data required for overhaul/repair. The only known source with the overhaul/repair data necessary to perform this requirement is Sikorsky Aircraft Corporation. In the absence of Government owned technical data, additional competition is not anticipated. This item has been identified as a CSI; therefore, only an approved source can be considered.

Sikorsky Aircraft Corporation is the only source authorized to perform the overhaul.

There is a reasonable basis to conclude that the agency’s minimum needs can only be satisfied by Sikorsky Aircraft Corporation. 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: arket esearch as by the Logistics Management Specialist, Utility Directorate, AMCOM

Logistics Center, in the last 12 months. Research methods included the following: a.

Personal knowledge in procuring supplies/services of this type; b. Contacting knowledgeable persons in Government and industry during July 2015 (Supervisory Logistics Management Specialist); d. Publication of a formal request for information in the form of a sources sought notice issued on 8 May 2015; e. Review of Government and/or commercial databases for relevant information during July 2015 (ARISE, ICA P, and LMP) . The source revealed from a search of those databases is Sikorsky Aircraft Corporation (CAGE Code 78286). The sources sought notice was published 8 May 2015. No additional sources have expressed a written interest in this acquisition at this time. The ARISE database was queried on 11 January 2016 and there are no pending SAR packages awaiting processing. It has been determined after market research that the Government needs cannot be satisfied by commercial items, commercial items with customary or reasonable modifications, or non-developmental items. 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 as the current source authorized to perform the overhaul/repair:

Sikorsky Aircraft Corporation (CAGE Code 78286).

9. Interested Sources: A sources sought announcement was publicized in FedBizOpps on 8 May 2015. To date, no other sources have expressed a written interest in this acquisition. All notices required by FAR 5.201(b)(1)(i) shall be published, and any proposal received shall be considered. The ARISE database was queried on 1 2016 and there are no pending SAR packages awaiting processing. There is a reasonable basis to conclude at this time, that the agency’s minimum needs can only be satisfied by Sikorsky Aircraft Corporation.

W58RGZ-15-R-0231

SOURCE SELECTION INFORMATION – SEE FAR 3.104

FOR OFFICIAL USE ONLY

Contract Number Effective Date Qty Total Price Contractor

W58RGZ09D0067-

27 SEP

2012 50

Sikorsky Aircraft Corporation

W58RGZ09D0067-

9 NOV

2010 2

Sikorsky Aircraft Corporation

The history represents the total price for the entire delivery order.

Previous authority cited was Title 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302- 1, “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: Technical data to include a DMWR is not currently available to support a competitive solicitation. Efforts to have this item overhauled are limited to the identified source as the Government does not own nor have rights to the data required for overhaul/repair. In the absence of Government owned technical data, additional competition is not anticipated. The OEM is the only known source possessing the technical data in its entirety required to accomplish the overhaul/repair effort. In addition this item is a CSI and only approved sources are allowed to perform the effort. At this time, Sikorsky Aircraft Corporation (CAGE Code 78286) is the only source that is authorized by the AED to perform the overhaul/repair in the solicitation and resulting contract award.

10. Other Facts:

a. Procurement History ( Maintenance and Overhaul):

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SOURCE SELECTION INFORMATION – SEE FAR 3.104

FOR OFFICIAL USE ONLY

11. Technical and 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.

Typed Name: Date:

Title: Logistics Management Specialist Signature: _ __

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. A formal audit provided by DCAA or Field Pricing Assistance will be requested if needed. This determination will be based on use of techniques which include: cost/price analysis, use of historical analysis, and comparative techniques. The determination of fair and reasonable cost will comply with the policies, regulations, and procedures in FAR Part 15, “Contracting by Negotiation.” Sole Source negotiations are anticipated, and the requirement for certified cost and pricing data will be included in the solicitation IAW

FAR 15.403-4.

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

Typed Name: Date: _____________________

Title: Contracting Officer Signature:

29 March 2016

13 May 2016

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W58RGZ-15-R-0231

SOURCE SELECTION INFORMATION – SEE FAR 3.104

FOR OFFICIAL USE ONLY

Approval

Based on the foregoing justification, I hereby approve the procurement of the following item from the approved source below:

PRID: FB703-1

PRON: AX5M0112AX

Noun: Transmission, Mechanical Input NSN: 1615-01-542-7514 Output NSN: 1615-01-542-7514 Input P/N: 70351-58100-046 Output P/N: 70351-58100-046 Estimated Quantity Range: 20 Minimum – 198 Maximum (includes 33

FMS)

Estimated Basic Value:

Estimated Out Years (two – five) Value:

Total Estimated Dollars:

Contractor:

Sikorsky Aircraft Corporation (CAGE Code 78286) 6900 Main St.

Stratford, CT 06615-1378

The statutory authority permitting other than full and open competition is 10 U.S.C.

2304(c)(1), as implemented by paragraph 6.302-1(a)(2)(ii)(B) of the 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 properties herein described have otherwise been authorized for acquisition.

Date: ___________________ Signature:

REBECCA E. WEIRICK

Principal Assistant Responsible for Contracting

WEIRICK.REBEC

CA.E.1148886063

Digitally signed by

WEIRICK.REBECCA.E.1148886063

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WEIRICK.REBECCA.E.1148886063 Date: 2016.09.22 12:35:09 -05'00'

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