7.09_Redacted JA.pdf

Production TDP is considered Level 3; however, this requirement cannot be competitively procured without additional design and engineering effort or recourse to the current design activity. Proprietary work instructions, Specialized Test Equipment (STE), and software below the current Level 3 TDP, which Raytheon Company (or its prime suppliers) owns, makes the data procured by the Navy insufficient to produce, qualify, produce or repair interchangeable parts. Raytheon Company is unwilling to sell the Navy Level 3 Data. As a result, Raytheon Company is the only company that owns the test equipment and has the expertise, facilities, and capabilities necessary to repair and test and manufacture the various items covered under this BOA. No other sources will satisfy this requirement of NAVSUP WSS.

Based on the foregoing analysis, Raytheon Company is the only source capable of supplying spares and repairing the items covered under this proposed BOA vehicle. For these reasons, pursuing competition is not feasible.

6. DESCRIPTION OF EFFORTS MADE TO SOLICIT OFFERS FROM AS MANY OFFERORS AS

PRACTICABLE:

The NAVSUP WSS 15 MAR 2019 Class Waiver of the requirement to post a Request for Information or Sources Sought Notice applies to this requirement. The proposed solicitation for the item covered under this BOA was synopsized via the Government Point of Entry (GPE), sam.gov website, in November 2023. To date, no company other than Raytheon Company has indicated an interest in competing for this requirement. Orders to be awarded under this BOA that meet the threshold specified in FAR Subpart 5.2 will be synopsized on the GPE. Any responses received will be considered.

Market research was conducted in accordance with FAR Part 10. The Contracting Officer, Integrated Weapon Systems Team (IWST) and the cognizant Technical official conducted Mechanicsburg site Configuration Validation Resources/Data Integrity checks and Technical Market Research Validation via various systems and databases to include, the Integrated Technical Item Management & Procurement system (ITIMP), Naval Ships Engineering Drawing Repository (NSEDR), ERP/Oracle/FMT, Federal Procurement Data System (FPDS), and Federal Logistics Information System (WebFLIS). Further, market research determined that the requirement is not available under mandatory sources or NAVSUP Strategic Sources. Market research determined that there are not two or more small business concerns that can satisfy the requirement which are listed as the Acquisition [and Repair] Method Suffix Code (AMSC). Therefore, this requirement will not be set aside for small business. No other sources have expressed an interest to the NAVSUP WSS Source Development Department (Code N232) in becoming an approved spare/repair and test source for any of the items supported by this BOA.

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:

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).

For the reasons set forth in paragraphs 5 and 6, NAVSUP WSS has no plans at this time to compete future contracts for these requirements. If another potential source emerges, the NAVSUP WSS will assess whether competition for future requirements is feasible.

To promote competition, NAVSUP WSS will continue to encourage vendors with the expertise to repair and manufacture the subject items to submit a complete technical data package for review and source approval by the appropriate engineering source approval authority per the NAVSUP WSS guidelines. Also, future requirements will be advertised on the Government Point of Entry.