CJA_for_NEMSIS_KDA_Redacted.pdf

UNITED STATES MARINE CORPS

MARINE CORPS SYSTEMS COMMAND

2200 LESTER STREET

QUANTICO VIRGINIA 22134-5050

IN REPLY REFER TO:

CT 2.1

CJ&A No. 24,173

(CLASS) JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Marine Corps Systems Command (MARCORSYSCOM) Program Manager, Ground Weapon Systems (PM GWS) Product Manager, Navy-Marine Corps Expeditionary Ship Interdiction System (PdM NMESIS) 2200 Lester Street Quantico, VA 22134

2. Description of the Action Being Approved.

The use of other than full and open competition to procure development, production, and sustainment support of the Navy-Marine Corps Expeditionary Ship Interdiction System (NMESIS) Fire Control System (FCS) and Weapon Control System (WCS) subsystems. The anticipated action is for award of a sole source contract to Kongsberg Defence and Aerospace (KDA), Kirkegaardsveien 45, 3616 Kongsberg, Norway. Authority to act under this class justification expires on 31 March 2027.

3. Description of Supplies/Services.

The three proposed contract actions provide development, production, and sustainment for the NMESIS Weapon System during fiscal year (FY)24 through FY32. MARCORSYSCOM requires the following:

a) Initial spares package to sustain Low Rate Initial Production systems previously procured.

b) Contractor logistics support, test support, and engineering services for the NMESIS program.

This contract action will also include software development and hardware design improvements to achieve one-to-many fire direction, a critical requirement objective for the system. This development is additive capability to the current FCS and WCS configuration.

c) The procurement of 213 full rate production FCS and WCS subsystems, along with ancillary support equipment, and spares all of which are a critical part of the NMESIS Weapon System.

Regular system updates to manage obsolescence and software security, to include technical support and sustainment services for the FCS and WCS.

Code: CT-2.1 CJ&A Number 24,173 investment that, due to inflation and the need to reverse engineer technical data, would exceed the original , and it is unlikely that a competition to procure a substitute subsystem would allow the

Government to recoup its investment. Additionally, awarding a contract directly to KDA allows the Government to avoid RMD’s contract management fees, anticipated to be an additional .

The Government also estimates it would take, at minimum, three years to qualify a new system. Any source other than KDA would have to establish systems engineering baselines and provide intangible support such as appropriate classification/certification of facilities and personnel, relocation of data and data management systems, technical data package transition, and program management costs. After establishment, the uniqueness of the FCS/WCS subsystems would require considerable firing tests to validate the technical baseline and training for the new system. Production would be delayed far beyond the required deployment timeframe of 2034 for all NMESIS systems.

The estimates of delay and duplicative effort are based on the following considerations:

a. Development efforts would include a period of initial design and software development before initial developmental test assets could be defined adequately for procurement.

b. Any contractor other than KDA would be required to establish facilities, tooling, and specialized test equipment to produce and test a new launch system and fire control system.

c. Developmental test assets would need to be procured and built requiring a minimum of two years for subsystem lead times, production, and delivery.

d. Extensive developmental testing then must occur which would require the use of test ranges, test personnel, and variants of the NSM used for flight and ballistic tests.

e. Time and funding would be required to refine the launch system and fire control system design based on findings from developmental testing before production representative models could be procured for operational testing.

Therefore, based on the above analysis, KDA is the only known capable source capable of meeting the Government’s requirements.

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

In accordance with FAR Part 10, market research was conducted by posting a Sources Sought Notice, M67854-24-I-1043, to SAM.gov on 3 May 2024. The notice assessed industry’s capability to provide development, production, and sustainment of the FCS/WCS. The Government received only one response to the Sources Sought Notice, which was from KDA. In the response, KDA provided their technical solution for the NMESIS program requirements.

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 Class J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

This Class J&A authorizes procurement of the remaining Approved Acquisition Objective (AAO) of systems. Because MARCORSYSCOM does not have level III TDP and to ensure commonality of all fielded systems, MARCORSYSCOM intends to procure all systems from KDA. To remove barriers to future competition during sustainment, MARCORSYSCOM will develop second sources of supply for parts that have high cost and/or require frequent replacement. Finally, MARCORSYSCOM will continue to monitor emerging technologies that may provide similar capabilities.