CJA 21_0043 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_0043

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 Cost- Reimbursement and Fixed-Price orders under an Indefinite Delivery Indefinite Quantity (IDIQ) Contract with The Boeing Company, St. Louis, MO. Authority to act under this CJ&A expires on 31 December 2024.

3. Description of Supplies/Services.

This CJ&A covers the procurement of engineering, training, integrated logistics support, installation/checkout of developed systems, and support services for Harpoon Ship Command Launch Control Set (HSCLCS), Encapsulated Harpoon Command and Launch Systems (EHCLS), Advanced Harpoon Weapon Control System (AHWCS), Standoff Land Attack Missile Expanded Response (SLAM- ER) and Harpoon missiles, for existing and proposed new advanced aircraft, ship, submarine, and ground launched weapon systems, Intermediate Support Facilities, Support Equipment, and other related support efforts. This CJ&A covers supplies/services for United States Navy (USN) and Foreign Military Sales (FMS) customers in accordance with each individual order to support the Harpoon/SLAM-ER Weapon Systems.

The total dollar estimate for the acquisitions covered by this CJ&A is $19,800,000.00.

Estimated Dollar Value (In Thousands)

FY22 FY23 FY24 Total

Total 19,800

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.

CJ&A_21_0043

5. Rationale Justifying Use of Cited Statutory Authority.

Since introduction to the USN Fleet in 1977, The Boeing Company has been the sole designer, developer, manufacturer, and integrator of the Harpoon/SLAM-ER missiles and its related equipment. The Boeing Company has the experience, special skills, software/algorithms, facilities, manufacturing techniques, and the necessary technical data required to furnish the supplies and services anticipated under this CJ&A. On 6 May 2020, NAVAIR PMA-201 requested from The Boeing Company a license for the complete technical data package for the Harpoon and SLAM-ER weapon systems. The Boeing Company promptly responded on 11 May 2020 via letter to NAVAIR�s request by stating that the company was �not willing to sell� the technical data package for either missile. Award to any other source would result in unacceptable delays in fulfilling the agency�s requirements, to include the time required to develop a new technical data package and qualify a new source based on that technical data package. These efforts have historically taken anywhere from four (4) to seven (7) years. Therefore, the Navy would not meet the delivery requirements contained in the Letters of Offer and Acceptance (LOA) that the various countries rely on to meet their own national defense requirements.

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

Waiver of DFARS PGI 206.302-1 Request for Information/Sources Sought Requirement was signed (Document Number 241-20-129, Director, U&W Procurement Department). The Program Executive Officer, Unmanned Aviation and Strike Weapons, (PEO (U&W)), maintains a constant survey of the missile industry and can identify no other source capable of satisfying the Government�s requirement. The notice required by FAR 5.201(b) was posted on 20 January 2021 to Federal Business Opportunities stating the Navy�s intention to award a sole source contract. To date, no responses have been received. Any inquiries received as a result of the notice will be given full consideration prior to award.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR Subpart 15.402, the Procuring Contracting Officer (PCO) will determine that the procured supplies and services authorized under this CJ&A are from a responsible source at a fair and reasonable price. The negotiated actions will be conducted in accordance with FAR Subpart 15.4 by the PCO, with support, as needed, from Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA) personnel to ensure fair and reasonable prices are established. The Contracting Officer�s determination of fair and reasonable prices will be based upon information received from historical data, field audits, independent technical evaluations, and thorough cost/price analysis.

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 type of supplies and services covered by this document. As the sole designer, developer, manufacturer, and integrator of the Harpoon/SLAM-ER missiles, The Boeing Company is the only contractor with the requisite knowledge, experience, and technical data that can meet the Government�s requirements. Award of this work to any company other than The Boeing Company would result in a break of service and unacceptable delays in fulfilling the requirements of the Harpoon/SLAM-ER Weapon Systems program.

PMA-201 will continue to conduct market research and if another potential source emerges, NAVAIR will assess the possibility for future competition. 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

J&A was provided to the approval authority to review. Approval of this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(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.

Technical Cognizance:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) Phone No. Date

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 10 U.S.C.

2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

Date Director, Procurement Group Naval Air Systems Command