CJA 20-0034 Redacted.docx

CJ&A Number: 20-0034

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MD 20670-1547

IN REPLY REFER TO

IN REPLY REFER TO:

CJ&A 20-0034

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 on a sole-source basis the award of contract actions to L3 Harris in Melbourne, FL (L3) for supplies and services in support of the P-8A Poseidon platform for the U.S. Navy. The authority to act under this CJ&A expires after 30 September 2022.

3. Description of Supplies/Services.

The planned contract actions will procure: (1) upgrade for approximately fifty-six (56) P-8A Cockpit Voice Flight Data Recorders (CVFDR) from a 30-day Underwater Locator Beacon (ULB) (P/N 2100-5083-51) to a 90-day ULB (P/N 2100-5283-51) with a planned period of performance of June 2020 – September 2022; and (2) repairs as necessary, incidental to upgrade, for up to 56 CVFDRs. with a planned period of performance of June 2020 – September 2022. The estimated total value of procurements is indicated in the following table.

Estimated Dollar Value in Thousands

FY 18

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.

L3 is the original designer, developer and manufacturer of this particular CVFDR and is the only source with the requisite knowledge, experience, technical expertise, facilities, and technical data to provide the upgrades and repairs necessary to meet the requirements contemplated under this CJ&A. Due to the proprietary nature of this particular CVFDR and its components, the Government has neither sufficient technical data nor sufficient rights in data to enable a source other than L3 to fulfill the requirements. In order to enable other sources, besides L3, to meet the requirements at hand, NAVAIR would need to: (1) conduct a competitive procurement for a replacement CVFDR; and (2) procure the production and retrofit incorporations into the P-8A aircraft. Let alone the cost of replacing and disposing of the current acceptable CVFDRs, pursuing such a course is estimated to take 2-4 years, resulting in unacceptable time delays in fulfilling the agency’s requirements at hand, which must be fulfilled by FY2022.

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

As required by FAR 5.201, a Sources Sought was posted on the Federal Business Opportunities website on 11 October 2019 and closed on 26 October 2019. No responses were received. A Presolicitation notice was posted on the Federal Business Opportunities website on 28 October 2019 and closed on 12 November 2019. No responses were received. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than L3 to fulfill the requirements.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer shall ensure that all supplies and services are procured at a fair and reasonable price. These contract actions will be conducted in accordance with FAR Part 12 Acquisition of Commercial Items; therefore, for each contract action the Contracting Officer will use price analysis as the basis for determining a fair and reasonable price in accordance with FAR 12.209 Determination of Price Reasonableness, FAR 15.404-1(b) Price Analysis, and DFARS PGI 215.403-1(c) Prohibition on Obtaining Cost or Price Data. The Contracting Officer will also require the contractor to submit commercial sales data and data other than cost or pricing data in order to analyze the proposal to ensure the price is fair and reasonable. In addition, the Contracting Officer will compare the proposed price with previous Government contract prices contracted for the same or similar items once the validity of the comparison and reasonableness of previous prices have been established. Analysis of the proposal will be performed by the Contracting Officer with the assistance of qualified technical analysts, to ensure appropriate analysis is performed.

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 requirements for the types of supplies and services covered by this document. If another potential source emerges, NAVAIR Headquarters will assess whether competition for future requirements is feasible.

CJ&A Number: 20-0034

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.

[REDACTED] [REDACTED] [REDACTED]

Signature Name (Printed) Phone No.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

APPROVED

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of FAR 16.505(b)(2)(i)(C).

[REDACTED]

[REDACTED SIGNATURE, NAME AND TITLE]

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