7.09_JA_N0038322Y6767_Redacted.pdf

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5825 - Three year Long Term Contract for the repair of Combat Survivor Evader Locator (CSEL) Radios
Solicitation number
N0038322R002T
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6/2/22, 11:29 AM WorkflowPro https://my.navsup.navy.mil/apps/ops$workflow_pro.j_and_a_edit?p_id=9087 2/3

4. Statutory Authority Permitting Other Than Full & Open Competition

5. Rationale Justifying Use of Cited Authority

6. Description of Efforts Made To Solicit Offers From as Many Offerors as Practicable

7. Determination of Fair And Reasonable Cost

8. Actions to Remove Barriers to Future Competition

9. Any Other Facts Supporting Other Than Full & Open Competition

This J&A is based upon the authority of 10 USC 2304(C) (1), only one or a limited number of responsible sources will satisfy agency requirements, as implemented by FAR 6.302-1

A/RMC 3

Acquire, for the second or subsequent time, directly from the actual manufacturer.

A/RMSC P

The rights to use the data needed to purchase/repair this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. It is uneconomical to reverse engineer this part. This code is used in situations where the Government has the data but does not own the rights to the data. If only one source has the rights or data to manufacture/repair this item, A/RMCs 3, 4, or 5 are valid. If two or more sources have the rights or data to manufacture/repair this item, A/RMCs 1 or 2 are valid.

This acquisition will be solicited to

THE BOEING COMPANY (3KWA7) The Navy does not own the rights to the drawings. Repair data, supporting test equipment, and associated specifications required to repair the items from other than THE BOEING COMPANY (3KWA7). Since the Navy does not own the rights to or possess sufficient information such as any drawings, specifications, or test equipment/procedures, a full and open competitive solicitation cannot be supported. NAVSUP-WSS must procure the item from THE BOEING COMPANY (3KWA7)

15 MAR 2019 Class Waiver of the Requirement to Post a Request for Information or Sources Sought Notice applies to this requirement

The proposed contract action was synopsized on the government-wide point of entry on 04/27/2022 and as a result

Market research was conducted in accordance with far part 10. The results of the market research conducted (or the reason(s) market research was not conducted) are as follows

The latest configuration has been checked and all available records (ITIMP, JDRS/ASE, etc.) have been properly aligned, identified, and documented. While the government has access to some of the data, it has been found to be insufficient for competition and the lack of data rights prohibits the development of new sources. Only THE BOEING COMPANY (3KWA7) has/owns the data and therefore will be the only source solicited The available technical data is insufficient for the development of new sources. Source Development Department files indicate no Source Approval Request (SAR) has been received from any party interested in becoming an approved source. Boeing (3KWA7) is the only approved source at this time.

The contracting officer determines that the anticipated cost to the Government of the supplies covered by this J&A will be fair and reasonable.

To promote competition, NAVSUP WSS will continue to encourage vendors with the expertise to manufacture/repair the subject item to submit a complete technical data package for review and source approval by the appropriate engineering source approval authority per the (WSS) guidelines. Also, future requirements will be advertised on the government-wide point of entry. For reasons set forth in Paragraph (5 & 6), NAVSUP WSS has no plans at this time to compete future contracts for the subject item covered by this document. If another potential manufacturing source emerges, NAVSUP WSS will assess whether competition for future requirements is feasible. Also, future requirements will be advertised on the government-wide point of entry.

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History

N/A

Created By David Smith Work Function Planner Created Date 03/24/2022

24-MAR-22

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Requirements Cognizance Signature

David Smith Work Function Planner Requirements Cognizance Signature Date

04/06/2022

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Technical Cognizance Signature

Rhonda Slater Work Function Equipment Specialist Technical Cognizance Signature Date

04/06/2022

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Source Validation Cognizance

Johnny Brown Work Func tion Equipment Specialist Source Validation Cognizance Signature Date

04/12/2022

I certify that this J&A is accurate and complete to the best of my knowledge and belief

Contracting Officer Certification Signature

Corey Cohen Work Function Contract Specialist

Contracting Officer Certification Signature Date

04/12/2022

I certify that the facts and representations under my cognizance which are included in this J&A are complete and accurate to the best of my knowledge and belief

Competition Advocacy Review And Concurrence Signature

John Sweeney Work Function Competition Advocate

Competition Advocacy Review And Concurrence Signature Date

05/24/2022

I certify that this J&A is legally sufficient to the best of my knowledge and belief

Legal Sufficiency Review Signature

Lisa Wood Work Function Attorney Legal Sufficiency Review Signature Date

05/25/2022

I certify that this J&A is accurate and complete to the best of my knowledge and belief

Approval Required By Far 6.304 Signature

Michael Shortall Work Function Competition Advocate

Approval Required By Far 6.304 Signature Date

05/25/2022

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