requirements listed above for the continued development or production of a major system and continued provision of highly specialized services to be available only through the original source and award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

In all efforts except depot-related efforts under this CJ&A, development (design and test) work will be required. The Government does not have sufficient technical data to provide a second source to support completing the efforts cited above. After the Program Definition and Risk Reduction phase, NAVAIR conducted a limited competition and selected a single design.

NAVAIR awarded cost-type contracts to GA Electromagnetics Systems (EMS) Division for further development during the EMALS and AAG System Development and Demonstration (SDD) phase. NAVAIR awarded the AAG SDD contract to GA-EMS in 2003 and awarded the EMALS SDD contract to GA-EMS in 2004. The Government did not acquire production-level technical data packages (TDPs) for the EMALS and AAG systems under the SDD contracts.

Historically, PMA 251 has used the GA BOA for ECP follow-on retrofit requirements wherein GA performs the NRE, kit production and installation. Since GA designs and incorporates the engineering changes, all other sources lack the technical data, engineering knowledge, and experience that is inherent to GA as the original equipment manufacturer.

Therefore, the Government does not possess adequate EMALS and AAG TDPs to support a competitive procurement. Only GA possesses the unique and specialized engineering capability, resources, subject matter expertise, tooling, facilities, and manufacturing techniques critical to satisfy the Government’s minimum requirements. Furthermore, only GA has the established supplier base as well as the management, engineering and manufacturing processes that are critical for the continued support of these requirements. Based on actuals for SDD efforts, the estimated duplication of costs for NRE for the AAG efforts being procured would be between

. In the case of EMALS efforts, based on actuals, the estimated duplication of costs is between . Neither estimate of which are expected to be recouped through competition.

For depot-related efforts, the Government would incur substantial duplicative costs if another source were competitively awarded contracts for these efforts. Specifically, the depot stand-up is based on the efforts completed by GA in AAG and EMALS Depot Planning Phase I, and tasking GA is currently under contract to complete under AAG and EMALS Depot Planning Phase II.

Therefore, the Government does not possess adequate data to provide to alternate source. Based on the contract actuals for Depot Planning Phases I and II, the estimated duplication of cost would be for AAG and for EMALS, which are not expected to be recouped through competition.

In sum, NAVAIR does not reasonably expect to recover the aforementioned costs through competition. In fact, NAVAIR estimates these values represent the minimum costs required for a competitive source. Therefore, NAVAIR has determined GA is the only responsible source capable of meeting the agency’s requirements.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 206.302-1(d), NAVAIR posted a source-sought notice/request for information on beta.SAM.gov for the BOA on January 14, 2021, and has not received any responses. In accordance with FAR 16.703(d)(2)(iv), the Contracting Officer will post a synopsis on beta.SAM.gov for each order, evaluate any offers received prior to contract award, and refer any interested parties to GA subcontracting managers for possible subcontracting opportunities.

In addition, the integrated product teams will conduct market research for each anticipated order to determine if alternate sources exist to satisfy the requirements. The market research process may involve posting sources sought announcements on beta.SAM.gov, conducting internet searches using common search engines and government sources, and contacting government and industry sources for information related to the proposed requirement. The extent and results will vary for each BOA order. However, NAVAIR will only execute orders on the BOA after determining GA is the only responsible source for satisfying the requirements.

7. Determination of Fair and Reasonable Cost. The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this CJ&A will be fair and reasonable.

8. Actions Taken to Remove Barriers to Competition. For the reasons set forth in paragraph five, NAVAIR has no plans at this time to compete future contracts for the types of supplies/services covered by this document. NAVAIR will continue to assess the market and determine if competitive acquisitions for these requirements are feasible.

Because this is a follow-on effort for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(i), the prior CJ&A was provided to the approval authority for review. Approval of this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).