India FMS - C-17 Beddown Infrastructure Facilities Construction; Hindan AFB, Ghaziabad, India

  DETERMINATION AND FINDINGS
FOR OTHER THAN FULL AND OPEN COMPETITION
Foreign Military Sales (FMS) Case IN-D-SAC - $150.0M

Upon the basis of the following findings and determination, which I hereby make pursuant to the authority in 10 USC 2304 (c)(4) and of Federal Acquisition Regulation (FAR) 6.302-4(a)(2) and Defense Federal Acquisition Regulation Supplement (DFARS) 206.302-4, International Agreement, the procurement described below is deemed appropriate for contracting without providing for full and open competition.

FINDINGS
1. The Government of India (GOI) and the Indian Air Force (IAF) have ordered ten (10) C-17 Globemaster II aircraft from The Boeing Company (Boeing) through the United States Government (USG) Foreign Military Sales (FMS) program, as documented in the signed Letter of Offer and Acceptance (LOA, dated 14 June 2011). The ten (10) C-17 aircraft purchased by the GOI will be manufactured and delivered on a very strict delivery schedule, with the first plane scheduled to arrive in New Delhi, India in July 2014. The subject contract is for the construction of critical C-17 infrastructure facilities at Hindan Air Force Base, India (New Delhi) in support the C-17 Beddown - India FMS project. It is paramount that facilities and infrastructure required to support/maintain the aircraft are planned, designed, and built in advance of the agreed upon aircraft delivery date. The estimated India C-17 Foreign Military Sales contract total amount is valued at over $4.1 billion (including the C-17 plane sale and supporting facilities); the estimated cost of the C-17 Beddown infrastructure facilities construction contract portion , addressed in this D&F, is $150.0 million.

2. Under DFARS 225.7304, Foreign Military Sales (FMS) Customer Involvement, an acquisition pursuant to a Letter of Agreement (LOA) may be obtained from a particular contractor if the LOA sufficiently fulfills the requirements of FAR Subpart 6.3. The Government of India (GOI) and the United States Government (USG), through their respective authorized signatories, have entered an agreement for the sale of ten (10) Boeing C-17 Aircraft through the Foreign Military Sale (FMS) program, as directed in the Letter of Agreement (LOA). The LOA between the USG and GOI directs the use of Boeing as the sole-source provider responsible for the design and construction of the required C-17 bed down infrastructure facilities at Hindan Air Force Base, India (New Delhi). Boeing will be the manufacturer of the pending ten (10) C-17 Aircraft sold to the GOI under the Foreign Military Sales program.

The Boeing Company
5301 Bolsa Avenue
Huntington Beach, CA 926647
DUNS: 0083844588

3. The FMS Case No. IN-D-SAC includes the sole-source requirement for Boeing to complete all required construction efforts in support of the C-17 bed down requirement. The Government of India is providing reimbursement to the USG for the ten (10) C-17 aircraft and required supporting facilities - indicating in the agreement (LOA Line Item #45) that funding is provided for The Boeing Company (CAGE Code: 18355) to complete all construction efforts (to include design and other professional services) as required to support the C-17 bed down program. Therefore, under FAR 6.302-4(a)(2), full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government. In addition, DFARS 206.302-4(c) provides that a Justification and Approval as described in FAR 6,303 and 6.304 is not required if the head of the contracting activity prepares a document that describes the terms of the agreement that has the effect of requiring the use of other than competitive procedures for the acquisition. The substance of the signed LOA and this D&F satisfy the above-referenced authorities requirements.

4. The intended sole source construction contract will be awarded by the U.S Army Engineer District, Alaska (POA). The total estimated cost for this contract is $150,000,000.00, under North American Industry Classification System (NAICS) Code 236220. The period of performance shall be 552 days following award.

DETERMINATION

Based on the foregoing findings, I hereby determine that the award of a contract to the Boeing Company as the sole-source provider responsible for the design and construction of the required C-17 bed down infrastructure facilities at Hindan Air Force Base, India (New Delhi) under an other than full and open competition basis pursuant to the authority of 10 U.S.C 2304(c)(4), International Agreement is in accordance with procedures required by FAR 6.302-4(a)(2) and DFARS 206.302-4, subject to the availability of funds.

Approved By:

Merdith W. B. Temple
Major General, USA
Acting Head of the Contracting Activity