CJA 21-0187 -- DON LAIRCM NGSC BOA_Redacted.pdf

CJ&A_21_0187

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)(iii)(B), NAVAIR has determined that award of the DON LAIRCM requirements to any source other than NGSC would result in unacceptable delays in fulfilling the agency’s requirement.

NGSC is the sole developer, producer, and depot repair facility for the AN/AAQ-24. NGSC maintains the Product Technical Data required to integrate and manufacture the AN/AAQ-24. NAVAIR does not own all of the required manufacturing processes, test equipment, automated program tooling, and factory tooling necessary to compete the production and associated support services of the AN/AAQ-24. NAVAIR previously procured technical data required to support repair, maintenance, installation and operational handling of the hardware, that is used only for configuration management and to provide source data to update AN/AAQ-24 technical/tactical manuals.

On 30 March 2020, the Government requested that NGSC provide a rough order of magnitude (ROM) cost estimate for a complete Type 3D (3-Dimensional) Product Technical Data Drawing Package (TDP) with Government Purpose Rights (GPR). NGSC responded on 06 April 2020 declining to sell the requested data package. As a result, the Government does not possess adequate data, rights, drawings, and equipment necessary to competitively award this requirement.

Award of any of the efforts required for this contract to any source other than NGSC would result in an unacceptable delay. Approximately 24 months would be required to conduct a competition to select a new source. In addition, a new source would require at least four years to achieve the desired product maturity in order to provide the required services. This timeline does not provide the required engineering and logistics support services to ensure ongoing uninterrupted support to the fleet. Any interruption in support services would pose critical setbacks to current schedules and requirements. For these reasons, the efforts proposed in this BOA cannot be performed by any source other than NGSC without resulting in unacceptable delays in fulfilling the Government’s requirements.

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

The Sources Sought required by DFARS PGI 206.302-1 was posted on 24 June 2020 and no responses were received. In accordance with FAR 16.703 (d)(2)(iv), this BOA was synopsized and posted on the beta.sam.gov website on 09 March 2021. Additionally, each order under this BOA will be synopsized individually and posted on the beta.sam.gov website. Any responses received will be evaluated by the Contracting Officer prior to negotiations of each order. No additional research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than NGSC to provide the required supplies and services.

CJ&A_21_0187

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer must ensure that all supplies and services are procured at fair and reasonable prices. The Contractor will submit formal price proposals with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimates. The proposals will be reviewed by experienced technical analysts, cost analysts and contract specialists with the aid of necessary field pricing support from Defense Contract Management Agency and Defense Contract Audit Agency, as required. The Contracting Officer will utilize the formal price proposals as the basis for negotiating fair and reasonable prices.

8. Actions to Remove Barriers to Future Competition.

For the reasons described in paragraph 5, NAVAIR has determined competing this requirement to be impractical and has no plans at this time to compete future contracts for the types of supplies/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 J&As were provided to the approval authority for review. Approval of this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).