23RWS66_JA__REDACTED.pdf

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The Government’s minimum needs have been verified by the certifying technical and requirements personnel. The estimated requirements and appropriations for Fiscal Years FY23 – FY28 are identified below and the cost listed is in millions. This estimate was derived from pricing from previous contract efforts with Orbit and engineering estimates.

Table 1. Estimated Dollar Value

FY23-27 Totals

RDT&E $457,940

APN $964,497

Total $1,422,437

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

10 U.S.C 3204(a)(1) Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Orbit has the engineering expertise, tooling, facilities, and in-depth knowledge to fulfill the Government's requirement’s for supporting the RETS. As the sole designer and manufacturer of the RETS, Orbit is the only capable source who has knowledge of the High Power RF Test capabilities that were designed into the RETS, as well as the proprietary equipment.

Under N00164-13-C-WS65, a competitively awarded contract, Orbit developed and delivered the RETS to the Government at a total cost of $3.519M. Orbit designed and owns data rights for many of the items in the RETS, including the T-Dual Scanner hardware, wideband probes, azimuth positioners, 959 Spectrum software, and software drivers for the 959 Spectrum software.

These items provide a significant and critical portion of the functionality for RETS. The only software that the Government owns is a "basic" software that allows for simple, standard test scripts to be performed. Anything outside the realm of these basic scripts or all other hardware components of the RETS require the base 959 Spectrum software to be integrated to form a functionally working system due to the proprietary knowledge of the individual components.

Due to this proprietary data, sole source follow-on contract N00164-18-D-WS73 was awarded to Orbit. Orbit was contacted in August 2022 about selling or licensing the proprietary data but their response was to decline selling the proprietary data associated with RETS.

Award of these requirements to another source would result in substantial duplication of costs and unacceptable schedule delays in accordance with 10 U.S.C 3204(a)(1), FAR 6.302-1(a)(2).

If a new contractor were selected for this RETS follow-on contract, the Government would incur significant duplication of costs totaling $5.05M associated with the reverse engineering and engineering development tasks that would have to be undertaken by a new vendor in order for the new vendor to be able to support the RETS. This $5.05M duplication of cost estimate was based on design/development efforts of like RF system complexity (e.g., ALQ-99 TJS and NGJ- MB) and labor for reverse engineering complex theory behind the design (i.e., Nearfield theory of RF measurements).

The Government would incur significant 48 month schedule delays as well with standing up a new vendor to support the RETS. This schedule delay estimate is based on the

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design/development/production schedule of RETS, as well as other complex RF systems development, such as the Communications Electronic Attack Surveillance and Reconnaissance (CEASAR) and NGJ-MB, as well as the additional time for reverse engineering the complex theory behind the design.

A 48 month schedule delay would result in the AEA Division failing to meet the ALQ-249(V)1 NGJ-MB Pod Engineering and Manufacturing Development (EMD) program schedule test dates, and would result in delaying the entire NGJ-MB program. The NGJ-MB program is an ACAT ID program that has a very aggressive schedule and a slip in the NGJ-MB program schedule would adversely impact the Navy's Developmental Test efforts, and delay getting this critical technology out to the fleet.

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

A sources sought notice was issued and uploaded to the SAM.gov website on 06 SEP 2022. A synopsis of the proposed IDIQ was published on the SAM.gov website on 22 SEP 2022. There have been no responses received to the synopsis. No additional market research was performed because the OEM is the only source that can meet the government’s current requirements. It is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Orbit Advanced Technology Inc. to provide the required supplies and services.

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 J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in section 5, NSWC Crane 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, Naval Surface Warfare Center, Crane will assess whether competition for future requirements is feasible.

As this is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(S-70)(ii).