APKWS CJA 21_0108 BOA 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 21-0108

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Description of the Action Being Approved.

This Class Justification and Approval (CJ&A) authorizes and approves the issuance of orders on a sole source basis to BAE Systems Information and Electronic Warfare Systems (BAE Systems), Hudson, New Hampshire under Basic Ordering Agreement (BOA) N00019-21-G-0003 for the WGU-59/B Advanced Precision Kill Weapon System II (APKWS II) program. Authority to act under this CJ&A expires on July 31, 2026.

3. Description of Supplies/Services.

Performance under the associated BOA will start in Fiscal Year (FY) 2021 and covers a five year ordering period. Delivery orders placed under the associated BOA will be for supplies and services to support the United States Navy (USN), United States Marine Corps (USMC), the United States Army (USA), the United States Air Force (USAF), other United States Government Departments or Agencies, and Foreign Military Sales (FMS) requirements. Requirements may include engineering, technical, training and logistic support; test support and analysis; trade studies and analysis; design and integration support; future threat updates to maintain system performance;

implementing expanded capabilities; developing APKWS II Logistics documentation;

Cost Improvement Initiatives; Engineering Change Proposals; Non-Recurring Engineering services; depot repair support; engineering investigations; data analysis;

hardware and software development and modifications; engineering and feasibility studies; support equipment modifications; special tooling and test equipment support;

inspection/test and inspection/repair services; and programmatic support that are outside the scope of the Full Rate Production and future production contracts.

CJ&A 21-0108

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

10 U.S.C. 2304(c)(1), One source or limited sources.

5. Rationale Justifying Use of Cited Statutory Authority.

The USN assumed the APKWS II program from the USA in September 2008. The original USA APKWS II program awarded a contract with BAE Systems through a full and open competition. Subsequent USN contracts with BAE Systems were awarded on a sole source basis.

In accordance with FAR 6.302-1(a)(2)(ii)(A), the Government has determined that supplies and services meeting the Government’s requirements are available from only one source because it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. BAE Systems is the sole designer, developer, and manufacturer/supplier of the APKWS II and is the only contractor with the knowledge, experience, technical data, and computer software necessary to meet the Government’s requirements. The Government does not own the full technical data package necessary to support a competition for the APKWS II. Specifically, the Government does not have the full technical data package for the Distributed Aperture Semi-Active Laser Seeker, a required APKWS subsystem. In 2021, BAE Systems reconfirmed to the Government that it will not sell the technical data package for this subsystem. Without this data package, no other source can provide the APKWS II.

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

The Program Executive Office for Unmanned Aviation and Strike Weapons maintains a constant survey of the missile industry, which includes Industry days. Issuing a request for information and/or sources sought for the items detailed in paragraph 3 above would not result in identification of viable alternative sources capable of meeting the Government’s needs. Therefore, a Waiver for Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Information (PGI) 206.302-1 Request for Information/Sources Sought Requirement, Ser 24-18-005 was signed for the APKWS II program by Senior Executive Service, AIR 2.4 Department Head.

The BOA was synopsized for subcontracting opportunities only on Beta.SAM.gov website on May 21, 2020 with no responses received. As required by FAR 5.201, each order will be synopsized on Beta.SAM.gov website. The Contracting Officer will evaluate all responses received prior to the award of each order.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure the anticipated cost to the Government of the supplies/services covered by this CJ&A will be fair and reasonable. The Contractor will submit cost or pricing data in accordance with FAR

15.403.4. Analysis of the proposals will be performed by a multi-discipline team including Subject Matter Experts and technical analysts supporting the program office, NAVAIR cost department and contract specialists with the aid of necessary field pricing support from Defense Contract Management Agency, and the Defense Contract Audit Agency. The Contracting Officer will analyze and perform a detailed cost and price analysis for each element proposed, as the basis for negotiating a fair and reasonable price.

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 types of supplies and services 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 CJ&A was provided to the approval authority to review. Approval of this CJ&A signifies the approval authority made the determination required by DFARS PGI 206.301(a)(ii).

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate, to the best of my knowledge and belief.

APPROVED

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C 2304(c)(1). Only one responsible source and no other supplies or services will satisfy agency requirements.