AIM-9X Blk II Production - add USA QTYs (PMA-259) -- dtd 11 Oct 2022_Redacted.pdf

CJ&A_22_0119

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)(A), the Government has deemed the requirements listed above to be available only through the original source and award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition in fulfilling agency requirements.

In 1996, Hughes Missile Systems Company (subsequently acquired by RMD was competitively selected as the designer, developer, manufacturer, and integrator of the AIM-9X missile. As a cost-savings initiative, the Government did not procure a production-level Technical Data Package (TDP) for procurement purposes and required Raytheon to retain configuration control of items not affecting the system specification. As Raytheon has declined to make a TDP available for sale to the Government, a new source would be required to develop a new missile system. Based on a NAVAIR Cost & Schedule Analysis Department estimate of historical new sourcing start-up costs for similar missile programs, it is estimated to cost between $600M and $800M to design, test, and qualify a new source. The start-up costs for a new source include non-recurring engineering costs for design of a new missile and TDP, testing, and qualification.

These costs would not be recovered through competition.

Therefore, RMD is the only responsible source capable of meeting the Government’s minimum needs.

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

The notice required by DFARS PGI 206.302-1(d) and 206.303-2(b)(i)(A) was waived by V22 on 01 November 2016. The proposed procurements were synopsized on the SAM.gov website on 01 August 2022. No other potential sources expressed interest in the requirements. The PCO will address any responses received prior to contract award. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5, for any company other than Raytheon 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 covered by this J&A will be fair and reasonable.

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CJ&A_22_0119

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, the NAVAIR has no plans at this time to compete future contracts for the types of supplies covered by this CJ&A. If another potential source emerges, the NAVAIR will assess whether competition for future requirements is feasible.

As this is a non-competitive follow-on acquisition to a previous sole source award for the same types of supplies, the prior justification (CJ&A_19_0425) is provided in accordance with DFARS PGI 206.304 (a)(i). Approval of this J&A signifies the approval authority has made the determination required by DFARS PG 206.304 (a)(ii).