20230607 CJA_BAE_STATE_4.0 - Redacted.pdf

FOR OFFICIAL USE ONLY // REL TO

USA, GBR MOD, ITA MOD, NLD MOD, CAN DND, AUS DOD, DNK MOD, and NOR MOD

F-35 LIGHTNING II JOINT PROGRAM OFFICE

200 12th Street South, Suite 600 Arlington, Virginia 22202-5402

CJ&A No. 23-082

CLASS JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

Naval Air Systems Command (NAVAIR) - F-35 Joint Program Office (JPO), Arlington, VA

2. Description of the Actions Being Approved:

This Class Justification and Approval (CJ&A) authorizes and approves the award of one or more contract actions on a sole source basis for Special Tooling and Test Equipment (STATE) in support of the F-35 air system as well as efforts necessary to deliver Project Heisenberg (PH) requirements in support of risk reduction and early assessment of Continuous Capability Development and Delivery (C2D2)/Block 4 Electronic Warfare (EW) capabilities, from BAE Systems, inclusive of BAE Electronic Combat Systems, 65 Spit Brook Rd Nashua, NH 03061-0868. Authority to act under this CJ&A expires on 2026.

3. Description of Supplies/Services:

Supplies and services acquired under the anticipated contract action or actions will commence on or about 1 July 2023 and end on or about 31 December 2026. The contract action or actions authorized by this CJ&A will result in the execution of work necessary to deliver F-35 STATE and capability development activities to the United States Air Force (USAF), Navy (USN), Marine Corps (USMC), F-35 International Partners and F-35 Foreign Military Sales (FMS) customers to meet requirements predicated by the Air System Playbook 16.2 approved by the Joint Executive Steering Board (JESB) and the Block 4 Capability Development Document approved by the Joint Requirements Oversight Council (JROC). Such efforts will include:

STATE

Production non-recurring (PNR) tooling associated with BAE developed EW systems to support the F-35 production ramp rate, modification and repairs including:

STATE to support Block 4 production;

Technical, financial, and administrative data;

Program management associated to the procurement, build, install, and delivery of STATE

Project Heisenberg Flight test demonstration of elements of the F-35) EW/Countermeasure Suite on a surrogate platform as required to propose, develop, integrate, deploy, and operate a modified ASQ-239A suite in a receive-only flight-test/demonstration configuration.

Provide risk reduction and early assessment of C2D2/Block 4 EW capabilities, along with evaluation of the associated Mission Data Files (MDF).

Miscellaneous items necessary for repair will be procured as necessary.

Estimated Dollar Value

The total dollar value allocated for the BAE STATE contract actions being funded with APN-1 is estimated to be $72M, broken out as follows:

FY23 Total

USAF APN-1 $27.5M $27.5M

USN APN-1 $13.7M $13.7M

USMC APN-1 $13.7M $13.7M

International Partners $8.8M $8.8M

FMS $8M $8M

Total $71.7M $71.7M

The total dollar value allocated for the BAE STATE contract actions being funded with APN-5 is estimated to be $14M, broken out as follows:

FY23 Total

USAF APN-5 $4.6M $4.6M

USN APN-5 $1.1M $1.1M

USMC APN-5 $2.1M $2.1M

International Partners $3.5M $3.5M

FMS $2.6M $2.6M

Total $13.9M $13.9M

The total dollar value allocated for the Project Heisenberg contract actions being funded with RDT&E is estimated to be $12M, broken out as follows:

FY23 FY24 FY25 Total

USAF RDT&E $2M $2M $2M $6M

USN RDT&E $1M $1M $1M $3M

USMC RDT&E $1M $1M $1M $3M

Total $4M $4M $4M $12M

4. Statutory Authority Permitting Other Than Full and Open Competition:

10 U.S.C. 2304(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority:

BAE is the original designer, developer and sole manufacturer of the F-35 Electronic Warfare (EW) system and is the only source with the requisite knowledge, experience and technical expertise on the F- 35 EW to produce the STATE to meet the required production ramp rate within the required delivery schedule and to access, process and analyze data collected during flight tests/demonstrations as required for Project Heisenberg. The F-35 EW consists of BAE proprietary design, specifications, and technical documentation that the Government does not have sufficient rights to use for competition or access to hardware making up the system to procure these requirements from another source. As such technical data packages for EW suitable for full and open competition are not available to permit sources other than BAE to perform the contemplated contract efforts.

Due to the need for the technical data for the completion of these efforts, and the lack of the Government’s rights to that data, is not practical to procure via any provider other than BAE. To date, the

Government, together with BAE has spent in excess of $1.26 Billion and 17 years on development of the F-35 EW system through the System Development and Demonstration (SDD) and Digital Channelized Receiver/Techniques Generator and Tuner Insertion Program (DTIP) Development efforts. Procurement of the contemplated contract scope through any other source would require a new design, development and manufacturing of a new EW system resulting in duplicative development costs exceeding $1.2 Billion and unacceptable schedule delays in excess of 10 years. For these reasons, BAE is the only sources that is capable of satisfying agency requirements for the contemplated contract actions in a timely and cost-effective manner.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable:

The proposed STATE 4.0 contract action was synopsized on the System for Award Management (SAM) website from 05 January 2023. The synopsis requested interested parties to submit their capability statements. The Government received one response to the synopsis offering supplies and services not related to the scope synopsized.

The proposed Project Heisenberg contract action was synopsized on the Federal Business Opportunities (FBO) website from 23 March 2023. The synopsis requested interested parties to submit their capability statements. The Government did not receive any response to the synopsis.

In accordance with AIR 2.6/16-469-390070 Memo to File – Class Waiver of DFARS PGI 206.302-1 Request for Information/Sources Sought Requirement, dated 10 May 2016, the limitation at DFARS 206.302-1 is waived for this effort.

The F-35 JPO did not conduct additional market research because it is not practical due to the reasons discussed in Section 5 for any company besides BAE to provide the required supplies and services within the required period.

7. Determination of Fair and Reasonable Cost:

BAE Systems will submit a formal proposal with sufficient information, including certified cost or pricing data, to support the accuracy and reliability of the proposed cost and pricing data in accordance with FAR 15.403. Experienced technical analysts and contract specialists, with the aid of necessary field pricing support, will perform analyses of the contractor’s proposal in accordance with FAR 15.404. The Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA) at BAE will be requested to provide input. The Contracting Officer will use these analyses to determine and negotiate a fair and reasonable cost.

8. Actions to Remove Barriers to Future Competition:

For the reasons set forth in Section 5, NAVAIR has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is reasonable.

USA, GBR MOD, ITA MOD, NLD MOD, CAN DND, AUS DOD, DNK MOD, and NOR MOD

J&A No. 23-082

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

SENIOR EXECUTIVE APPROVAL

Upon the basis of the above justification, I hereby approve, the solicitation of the proposed procurements described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304 (a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

CHARLES.ANNA-

ROSAM.M.12583

74815

Digitally signed by

CHARLES.ANNA-

ROSAM.M.1258374815

Date: 2023.05.30 13:09:34 -04'00'

GONZALEZ.S

TEPHANIE.A.

1392271313

Digitally signed by

GONZALEZ.STEPHA

NIE.A.1392271313

Date: 2023.05.30 14:10:33 -04'00'

SEWARD.GR

ANT.D.14541

82452

Digitally signed by

SEWARD.GRANT.D.1

454182452 Date: 2023.05.30 13:46:07 -05'00'

Anna Charles

Stephanie Gonzalez

Grant Seward

Cheryl Pfirrmann

703-601-5630

571-236-6336

571-243-7394

703-601-5641

5/30/2023

5/30/2023

5/30/2023

6/7/2023