CJA Redacted.pdf

CJ&A_21-0144

anticipated to be funded in the fiscal years and by the appropriations as set forth in the table below for FY21 through FY26.

Estimated Dollar Value in Millions

Type Funds (M)

FY21 FY22 FY23 FY24 FY25 FY26 TOTAL

TOTAL 5,136.68

* Quantity estimates are based on known or anticipated FMS cases for Harpoon and SLAM ER missiles and HCDS launcher units. This CJ&A will not be updated to reflect actual quantities procured that are within the total dollar estimate identified in the table.

4. Statute 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 FAR 6.302-1(a)(2)(iii)(B), Boeing is the only source for this follow-on contract. Since introduction to the USN fleet in 1977, Boeing has been the sole designer, developer, manufacturer, and integrator on the Harpoon/SLAM ER missiles and related equipment. Boeing has the experience, special skills, software/algorithms, facilities, manufacturing techniques and the necessary technical data required to produce, assemble, integrate, repair, recertify, and support this equipment and execute the requirements anticipated under this CJ&A. On 6 May 2020, NAVAIR PMA-201 requested 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 that the company was “not willing to sell” the technical data package for either missile.

Award to another source would result in unacceptable delays in fulfilling the agency’s requirements, to include the time required to develop a new technical data package, qualify a new source based on that technical data package, and the time requirements for a new company to fully understand the weapon system in order to provide the needed support. Based on similar weapon systems, it is anticipated that these efforts could take anywhere from four (4) to seven

(7) years to develop a new source. A contractor not possessing in depth knowledge of the

CJ&A_21-0144

Harpoon Weapon System upon contract award would create a gap in the ability to meet the delivery requirements contained in the Letters of Offer and Acceptance that the various countries rely on to meet their own national defense requirements. Specifically, a new supplier would not meet the delivery requirements of the signed LOA with Taiwan which requires deliveries to begin in 4th Quarter Calendar Year 2024.

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

A Waiver of DFARS PGI 206.302-1 Request for Information/Sources Sought Requirement was approved (Document Number V2411-21-034). 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. Each individual order will be synopsized in accordance with Federal Acquisition Regulation (FAR)

5.201. Any inquires received as a result of the notice will be given full consideration prior to award.

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 set forth in paragraph (5) and (6), NAVAIR 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 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).