AED JA_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

IN REPLY REFER TO:

CJ&A_24_0314

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters, Patuxent River, MD

2. Description of the Action Being Approved.

This Class Justification and Approval (CJ&A) authorizes and approves the issuance of a contract on a sole source basis to Leonardo UK, LTD for the manufacture and production of the AN/ALQ-260(V) Anti-Missile Countermeasure, hereinafter referred to as Active Expendable Decoy (AED), as well as initial spare impulse cartridges and support equipment. This contract will consist of a base year and up to one option. Future modifications may be required to negotiate options that could not be adequately negotiated in the initial contract award due to hardware need date. Authority to act under this CJ&A expires September 30, 2026.

3. Description of Supplies/Services.

The scope of this justification includes procurement of the AED, as well as initial spare impulse cartridges and support equipment to provide required radio frequency countermeasure capability to the Department of Defense (DoD).

The total estimated value of this CJ&A . The estimated dollar value below is based on anticipated maximum quantity.

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.

CJ&A_24_0314

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii)(B), the Government has deemed the requirements listed above to be available through only one responsible source and award to any other source would result in unacceptable delays in fulfilling the DoD requirements.

Award of this contract to any source other than Leonardo UK, LTD would result in an unacceptable delay of eight years. Approximately 14 years of research and development have been completed through a partnership with Leonardo UK, LTD and UK Ministry of Defense (MOD) to develop and test the AED. These efforts include laboratory hardware in the loop testing, software development testing and validation, safe separation, and effectiveness testing to qualify the AED on the F-35. A new source would require at least four years to achieve the desired product maturity, three years to qualify an alternate device and one year for manufacturing readiness in preparation for a low-rate production line. The unacceptable delay calculation of eight years is based on subject matter expert analysis of historical information with fielding of similar technologies. Any interruption in production would pose critical setbacks to current schedules and fielding requirements. Based on unacceptable delays, the Government has determined that Leonardo UK, LTD is the only responsible source capable of meeting the U.S. Government’s requirements.

The efforts described herein cannot be performed by a source other than Leonardo UK, LTD without unacceptable delays in deliveries to the Fleet.

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, a sources sought notice was posted on 06 June 2024, announcing the Government’s requirement to procure AEDs that meet the form-factor and product maturity requirements for immediate use. In addition to Leonardo UK, LTD, responses were received from Elbit America Inc. and Raytheon, with inadequate responses received from BHPE LLC and Kastel Enterprises. Representatives from the Program Office assessed each vendor’s capability statements against the sources sought notice requirements, finding that only Leonardo can meet the Government’s immediate requirements in the timeframe required.

Subsequently, the Contracting Officer issued letters to each vendor providing a summary of the Government’s assessment and notifying them that the results of this market research did not enable competition for this requirement. However, the letters highlighted NAVAIR’s interest in maximizing future competitive opportunities and welcomed each vendor to submit additional information outlining opportunities and constraints in meeting the technical, qualification, and manufacturing requirements to compete for future production opportunities. The Program Office will continue market research to determine ability to compete future AED hardware requirements.

In accordance with FAR 5.201(b)(1), the proposed action was synopsized on the SAM.gov website on 17 July 2024 announcing the Government’s intent to solicit and negotiate with only one source under the authority of FAR 6.302 and no other potential sources expressed an interest in this requirement. Any responses received will be evaluated by the contracting officer prior to negotiations. No additional research was conducted because it is not practicable, for the reasons discussed in Paragraph 5 above, for any company other than Leonardo UK, LTD to provide the required supplies.

CJ&A_24_0314

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies covered by this CJ&A will be fair and reasonable.

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 the types of supplies and services covered by this document. The Government will continue to pursue opportunities for future competition. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.

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