Redacted AAR-47 BOA

J&A Number 09-161C, AAR-47 J&A Template: One Source v1F Justification for Other than Full and Open Competition

6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

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T1. J&A Description:

J&A Number: 09-161C Acquisition Name: AAR-47

T2. Technical Point of Contact: Daniel Motamed

WHAT is being acquired?

T3. Concisely describe the nature of this acquisition (i.e. What the item or service is and what function it will perform):

This acquisition will be in support of the AN/AAR-47 Missile Warning System. Delivery Orders awarded against this Class Justification and Approval will support both AAR-47A(V)2 and AAR-47B(V)2 configurations and associated upgrades for customers including the United States Navy (USN), United States Marine Corps (USMC), United States Air Force (USAF), United States Army (USA), and various Foreign Military Sales (FMS) cases. Work to be procured under these orders will include, but not be limited to, the following: procurement of Sensors and Computer Processors (CP), Sensor and CP upgrades, life cycle depot repairs (including repair of repairables and material lay-in), and software Operational Flight Program (OFP) improvements, as well as associated systems engineering, technical support, logistics support, and technical data.

T4. The estimated total dollar amount, including options, of this action is:

$ 44,457,500.00

T5. This J&A approves the following type of action(s): (Coordinate with PCO) |_| Single action

· New type

|_| Class of actions. If this is a Class J&A, it covers actions through 30 September 2012.

· New type

T6. The below supplies or services are specifically covered under this justification (including options):

The quantities identified below are estimated and may be adjusted to reflect other such quantities as may be authorized and appropriated by Congress.

Description (Non-major items / services may be identified generically in logical grouping)

WHO is the only source?

T7. Alliant Techsystems Inc. is the only source that can provide the above supplies or services and no other supplies or services will satisfy the program’s requirements.

WHY is the source above the only one that can fulfill the requirement?

In accordance with Title 10 U.S.C 2304(c)(1) as cited in FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

T8. Only the specified source can provide the above described supplies or services due to: (Select from the following).

(Check all that are applicable and use as much detail as necessary) |_| Insufficient Technical Data and / or Rights: The Government does not possess adequate data and / or the rights necessary to competitively award this requirement.

· Explain why the technical data is necessary for this acquisition:

Sensor and CP procurement and upgrade:

AAR-47 Missile Warning System (MWS) technical data are required to produce and upgrade the AAR-47 MWS sensors and CPs in accordance with the performance specification and source control drawings.

OFP Enhancements:

Technical data associated with software programs acceptance test equipment and unique contractor-owned software tools are required to support software (OFP) enhancements.

· Does the Government possess all the technical data required to competitively award this requirement?

|_| Yes

· If Yes, explain why the Government does not possess sufficient data rights to competitively award this requirement:

· Could the necessary rights to the data be purchased?

|_| Yes, the necessary rights could be purchased for an estimated This amount was determined by This amount is economically unfeasible due to |_| No, explain:

|_| No

· If No, explain why the Government does not possess sufficient technical data to competitively award this requirement.

Sensor and CP procurement and upgrade:

A substantial portion of the Government-owned Technical Data Package (TDP) contains contractor-owned source control drawings for which the Government does not possess Government Purpose or Unlimited rights. As such, the Government does not possess a TDP suitable for competition.

OFP Enhancements:

The Government has Restricted rights to the factory software data associated with software acceptance test firmware required to support software (OFP) enhancements. This level of software rights precludes the Government from providing data required for the OFP Enhancements to any other contractor.

· If No, could the necessary technical data and rights be purchased?

|_| Yes, the necessary data and rights could be purchased for This amount was determined by This amount is economically unfeasible due to |_| No, explain: Alliant Techsystems Inc. (ATK) owns the data rights on the source control drawings for AAR-47 MWS Sensor and CP design and also owns the software rights associated with software OFP enhancements. On 20 July 2009, NAVAIR requested a quote from ATK on the cost of procuring a Technical Data Package for the AAR-47 Sensor and CP suitable for competition. ATK responded on 21 July 2009, "In order to protect its intellectual property rights, ATK is not willing to sell a competitive data package to the Navy for the AAR-47 sensor and CP."

|_| Special Tooling: Only the referenced source has access to special tooling which is necessary to fulfill this requirement.

· Explain why the special tooling is necessary for this acquisition:

· Could the necessary special tooling be purchased?

|_| Yes, the necessary tooling could be purchased for an estimated This amount was determined by This amount is economically unfeasible due to |_| No, explain:

|_| Substantial Duplication of Cost (for follow-on actions only): The above source is deemed to be the only source available because an award to a source other than the original provider would result in a substantial duplication of cost which would not be recovered through competition.

· An estimated $ worth of work would be duplicated.

· Explain in detail how this amount was determined.

|_| Unacceptable delay of work (for follow-on actions only): The above source is deemed to be the only source available because an award to a source other than the original provider would result in an unacceptable delay in fulfilling the Government’s requirements.

· Going to another source would create a delay of

· Explain in detail how this delay estimate was determined.

· Explain in detail how the Government would be unable to meet its requirements by this delay.

· Describe the specified source’s ability to provide the needed supplies / services within the necessary timeframe.

|_| Other:

· Specify why only the stated source can provide the above supplies or services.

Life Cycle Depot Repairs:

ATK is the only Government-approved depot for the AAR-47 MWS and possesses contractor-owned factory acceptance equipment necessary to perform life cycle depot repairs. Additionally, as the depot, ATK possesses the expertise to provide unique engineering and logistics services and technical support associated with the MWS hardware, software, and support equipment.

Background (Additional information)

T9. Is there a supporting acquisition planning document for this program?

|_| Yes

· If Yes, is the supporting acquisition planning document current?

(ensure legal counsel has a copy of the latest document) |_| Yes, it is current as of 13 August 2009 |_| No, explain:

· If Yes, is this J&A consistent with the content of the supporting acquisition planning document, including MOPAS?

|_| Yes, it is consistent.

|_| No, explain:

|_| No

· If No, why is there not a supporting acquisition planning document?

|_| A supporting acquisition planning document is not required in accordance with DFARS .

|_| Other, explain:

T10. Market Research and / or Survey: (Required Pre-Solicitation notices do NOT satisfy this requirement) |_| Performed

· Describe the research and / or survey that was conducted:

|_| Not Performed

· No market research or survey was conducted due to:

As a result of ATK's unique knowledge and capabilities, no formal market survey will be conducted.

T11. Follow-on Contract Information: (Required for all actions) Will this requirement be acquired again?

|_| Yes

· If Yes, what is being done to remove barriers to competition?

|_| Nothing, explain: For the reasons presented in paragraph T8 above, no attempt will be made to develop alternate sources for AAR-47 MWS sustainment and improvement efforts.

|_| Actions such as:

· If Yes, will it be competed in the future?

|_| No, explain: The Government does not own the rights to the source control drawings for the sensor and CP, or rights to the software data needed for OFP enhancements to support a competition for procurement, improvement, and sustainment type efforts.

|_| Yes, on when.

|_| No, this is a one time buy.

|_| No, this a final buy.

Is this for a follow-on requirement?

|_| Yes

· If Yes, is the previous J&A attached?

|_| Yes |_| No, explain:

|_| No

(Remember to insert names of signing officials on next page) Technical Documentation J&A Number 09-161C, AAR-47 J&A Template: One Source v1F

T12. This requirement will be funded with the following appropriations. (Please select appropriation type and Fiscal Year.):

TECHNICAL CERTIFICATION

I certify that the facts and representations included in sections T1 through T12 and the supporting acquisition planning documentation are accurate and complete.

_________________________________________ Date:______________

Name: Title: Code:

CONTRACTING OFFICER CERTIFICATION

(If the total dollar value of the justification is less than $550K, this certification constitutes the approval.)

To the best of my knowledge and belief I certify the accuracy and completeness of this justification including the attached technical documentation and supporting acquisition planning documentation.

COUNSEL

Based upon the certification contained herein, this justification is legally sufficient.

APPROVED