Attachment 1.docx

J&A Number: 21-0288

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Lakehurst, NJ

2. Description of the Action Being Approved.

This Justification and Approval authorizes and approves the issuance of a sole source contract to L3 Technologies, Inc. (L3), CAGE: 06401, for the procurement of 30 tactical Remotely Operated Video Enhanced Receivers (ROVER) C, L, and S band omnidirectional antennas with Low Noise Amplifiers (LNAs), Part Number 1000414271, and 30 ROVER Ku-band omnidirectional antennas with LNAs (ROVER antennas), P/N 1000437428. The resultant contract will be Firm-Fixed-Price (FFP).

3. Description of Supplies/Services.

The NAWCAD Webster Outlying Field Special Communications Mission Solutions (SCMS) Division has been tasked by the United States Special Operations Command (USSOCOM), Family of Special Operations Vehicles (FOSOV) Program Manager to procure L3 omnidirectional antennas in support user provided Intelligence, Surveillance, and Reconnaissance (ISR) Receiver equipment (i.e. L3 “Tactical ROVER-e” (TRe)). The L3 omnidirectional antennas are required to be integrated/mounted onto 30 Mine Resistant Ambush Protected (MRAP) vehicles by SCMS to include RF cable connections. This will allow users to plug their “user provided” TRe into vehicles provisioned with compatible omnidirectional antennas and be ready to support ISR mission requirements. The TRe is the approximate size of a hand-held radio and provides encrypted digital and analog video with aircraft and sensor positional data directly to the user for real-time situational awareness.

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.

The L3 ROVER antennas are required to interoperate with the proprietary L3 TRe. The requested L3 ROVER antennas are currently integrated in the fleet of all other MRAP vehicle systems and are required to maintain current approved configuration in 30 more MRAP vehicles. The L3 ROVER antennas are the only antennas that are interoperable with the L3 TRe and were approved by USSOCOM, PM FOSOV in March 2012. The L3 ROVER antennas are currently in use on over 600 other MRAP vehicles in the FOSOV inventory.

There are no approved alternative antennas that will operate with the user provided TRe. If an alternative antenna source were selected with a similar capability to the L3 ROVER antennas, it would require replacement of the current L3 ROVER antennas in the field and replacement of the TRe. Replacement of the TRe and the L3 ROVER antenna would cause substantial duplication of cost estimated at $13M and result a nine-month delay due to additional testing required to validate compatibility. This schedule delay would result in failure to deliver the required real-time video of the battlefield to the Special Operations Forces warfighter. The lack of this capability would severely limit the mission success of the warfighter with potentially life-threatening consequences.

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

Market research was conducted to identify manufacturers of ROVER antennas. Multiple solutions in compliance with FAR 52.204-26, Covered Defense Telecommunications Equipment or Services-Representation were identified and reviewed to determine each solution's ability to meet FOSOV's requirements. Of the manufacturers identified in the market research, only L3 provides a compliant solution. L3 has confirmed that there are no authorized resellers of the requested equipment outside of Defense Logistics Agency.

A Request for Information (RFI) for C, L, S, and Ku-band antennas was posted to beta.SAM.gov on 4 February 2021 in accordance with DFARS 206.302-1(d) to survey the marketplace for additional sources. The RFI closed on 09 February 2021; three responses were received. Responses to the RFI included solutions developed by STI-CO Industries, Inc.; L3; and Myers Engineering International, Inc. The solutions proposed by STI-CO Industries, Inc. and Myers Engineering International, Inc. are not compatible with the proprietary TRe and would require redesign and re-testing of the currently fielded MRAP systems. The L3 solution is the only solution compatible with the propriety ROVER-e integrated in the MRAP fleet.

A pre-solicitation synopsis was posted on 20 May 2021 in accordance with FAR 5.201 and closed on 03 June 2021. No responses were received. Any future responses will be evaluated by the Procuring Contracting Officer prior to award.

7. Determination of Fair and Reasonable Cost.

This procurement will be negotiated on a FFP basis. In Accordance With (IAW) FAR 15.402, the Contracting Officer shall ensure that the price negotiated for this acquisition is fair and reasonable. The Contractor will submit a price proposal with other than certified cost or pricing data and sufficient information to support the accuracy and reliability of the cost estimate. The proposal will be reviewed by experienced technical personnel at the SCMS Division and the cognizant Contract Specialist. The Contracting Officer will utilize cost and price analysis IAW FAR 15.404-1 as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

LAKEHURST, NJ 08733

For the reasons set forth in paragraph 5, only L3 can provide the required equipment. The Government will continue to evaluate other technologies that would allow for future competition by conducting market research to determine if there are any future vendors that have the capability to meet this requirement.

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