AAR-47 JA.pdf

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

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

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii)(B), NAVAIR has determined that award of the AN/AAR-47 Missile Approach Warning System requirements to any source other than NG Defense would result in unacceptable delays in fulfilling the agency’s requirement.

This BOA is for the support of highly specialized equipment produced by the Original Equipment Manufacturer (OEM). NG Defense (formerly, Alliant Techsystems Inc. (ATK)) is the sole designer, developer, and manufacturer of the AN/AAR-47 Missile Approach Warning System. A full and open competition was held in 1998 for development and production of the AN/AAR-47(V)2 Upgrade Program and ATK was awarded the contract. In 2017, ATK was purchased by Orbital, Inc. to form Orbital ATK, and then in June 2018, NG Defense acquired Orbital ATK and re-located the AAR-47 facility from Clearwater, FL to Northridge, CA. The Government has not procured a type 3 Dimensional Technical Data Drawing Package, which would be required for another contractor to perform this effort. Further, the Government only has a limited rights license to the source control drawings for the (sensor) and Computer Processor (CP) and a restricted rights license to the software documentation needed for Operational Flight Program (OFP) enhancements to support production and sustainment type efforts. In response to NAVAIR’s request to procure a Technical Data Package, NG Defense advised they are not willing to sell a competitive data package to the Navy for the AAR-47 sensor and CP.

In addition, NG Defense is the only Government-approved depot for the AN/AAR-47 Missile Approach Warning System and possesses contractor-owned factory acceptance equipment necessary to perform depot repairs to previously delivered hardware to bring that hardware to Ready for Issue condition prior to upgrade. As such, NG Defense is the only qualified source to perform the repair requirements under this

BOA.

As a result, the Government does not possess adequate data, rights, and equipment necessary to competitively award this requirement. Award of any of the efforts required under this BOA to any source other than NG Defense would result in an unacceptable delay. Approximately 24 months would be required to conduct a competition to select a new source. In addition, a new source would require at least four years to achieve the desired product maturity in order to provide the required services. Engineering and logistics support services are required at this time in order to provide ongoing uninterrupted support to the fleet. Any interruption in support services would pose critical setbacks to current schedules and requirements. For this reason, this effort cannot be performed by any source other than NG Defense without resulting in unacceptable delays in fulfilling the Government’s requirements.

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

The Sources Sought required by DFARS PGI 206.302-1 was posted on 09 July 2020. To date, no responses have been received. Any future responses will be addressed by the PCO prior to commencement of negotiations. In accordance with FAR 16.703 (d)(2)(iv), each order under this BOA will be synopsized individually and posted on the beta.sam.gov website. Any responses received will be evaluated by the Contracting Officer prior to negotiations of each order. No additional research was

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conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than NG Defense to provide the required supplies and services.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer must ensure that all supplies and services are procured at fair and reasonable prices. The Contractor will submit formal price proposals with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimates. The proposals will be reviewed by experienced technical analysts, cost analysts and contract specialists with the aid of necessary field pricing support from Defense Contract Management Agency and Defense Contract Audit Agency, as required. The Contracting Officer will utilize the formal price proposals as the basis for negotiating fair and reasonable prices.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAVAIR has no plans at this time to compete future contracts for the AN/AAR-47 systems covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible. Because this effort is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(i), the prior J&As were 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).