CJA 22-0311 -- FY22-26 L3H BOA_Final_29Nov2022_Redacted1.pdf

CJ&A_22_0311

Estimated Dollar Value in Millions

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)(ii)(B), the Government has deemed the requirements listed above to be available only through the original source and award to any other source would result in unacceptable delays in fulfilling the Navy’s requirements.

L3Harris Technologies, Inc. is the sole designer, developer, manufacturer, and depot repair facility for all variants of the AN/ALQ-214, and is the only qualified source to perform the requirements of the contract. The Government has not purchased a Level III Technical Data Package (TDP) for the AN/ALQ-214 and only has a limited TDP for the AN/ALQ-214(V)4/5 system with a limited-rights license to the source control drawings. Specifically, the Government only has a limited-rights license in technical data for the following AN/ALQ-214(V)4/5 hardware and software items, which L3Harris Technologies, Inc. developed with independent research and development funding: digital receiver architecture, design, and algorithms; Digital Radio Frequency Memory (DRFM) Technique Generator (TG) architecture, design, and algorithms; and receiver converter architecture, design, and algorithms. The necessary data and rights needed to competitively award the requirements contemplated under these procurements could be purchased for approximately . This amount, which includes the cost of a level-three data package, drawings for factory test equipment, and drawings for the system integration lab, was determined via a rough order of magnitude (ROM) provided by L3Harris Technologies, Inc. in their response dated 27 July 2022.

Award to any source other than L3Harris Technologies, Inc. would result in an unacceptable delay. Based on program analysis of other similar PMA-272 efforts, approximately 24 months would be required to conduct a competition to select a new source. In addition, a new source would require as much as 4 years to achieve the desired product maturity in order to provide the required services. The unacceptable delay calculation is based on subject matter expert analysis of historical information, including the most recent production lots and delivery orders. Procurement, installation, and support services are required at this time in order to provide ongoing uninterrupted support to the fleet. Based on unacceptable delays, the Government has determined that L3Harris Technologies, Inc. is the only responsible source capable of meeting the U.S. Government’s requirements.

CJ&A_22_0311

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

The sources sought required by Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 206.302-1 was waived on 17 October 2022. In accordance with FAR 16.703(d)(2)(iv), this BOA was synopsized and posted on the sam.gov website on 19 October 2021 and 25 May 2022. No responses have been received to date. Additionally, each order under this BOA will be synopsized individually and posted on the sam.gov website in accordance with FAR Subpart 5.2. 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 L3Harris Technologies, Inc. to provide the required supplies and services.

7. Determination of Fair and Reasonable Cost.

The contracting officer has determined the anticipated cost to the Government of the supplies/services covered by this CJ&A will be fair and reasonable.

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. As 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 for review.

Approval of this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).