CLaWS JA_CLaWS Sustainment_190221_Redacted.pdf

IN REPLY REFER TO:

Code: CT-028 J&A Number: 21,012.0

JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

Marine Corps Systems Command (MARCORSYSCOM) Program Executive Officer Land Systems (PEO LS) Program Manager Ground Based Air Defense (GBAD) 2200 Lester Street Quantico, VA 22134-6010

2. Description of the Action Being Approved

The use of other than full and open competition to procure sustainment services for the Compact Laser Weapon System (ClaWS). The anticipated action is for award of a sole source, Cost Plus Fixed Fee contract to The Boeing Company, Laser & Electro-Optical Systems (hereafter referred to as The Boeing Company LEOS), at 4411 The 25 Way NE, Suite 350, Albuquerque, New Mexico 87109.

3. Description of Supplies/Services

The proposed contract action provides the sustainment support activities needed to troubleshoot and sustain the five (5) CLaWS prototypes delivered under the Department of Defense (DoD) Ordnance Technology Consortium (DOTC) Other Transaction Authority Agreement #W15QKN- 14-9-1001, Initiative #17-01-INIT-0625 competitively awarded by the U.S. Army Contracting Command, New Jersey. The proposed contract action will consist of an initial nine-month base year and four, twelve-month option years.

In 2017, The Boeing Company LEOS was competitively awarded an agreement under DOTC Other Transaction Authority Initiative #17-01-INIT-0625 for the containerized relocatable CLaWS prototype design, development, integration and deployment. Boeing LEOS leveraged previously developed subsystem and component technology owned and developed by their company, as well as a previous Generation 2 CLaWS design, in order to rapidly deploy the CLaWS prototypes under DOTC. In response to the Director, Capabilities Development Directorate Memorandum 3900 C101 dated 18 March 2020, Disposition Decisions in Case of Counter-Unmanned Aircraft System (C-UAS) Capabilities, the United States Marine Corps (USMC) has a requirement to sustain five CLaWS prototypes. The five CLaWS prototypes were originally delivered in response to the 2017 U.S. Central Command (CENTCOM) Joint Urgent Operational Need (JUON) for C-UAS (CC-0558).

UNITED STATES MARINE CORPS

MARINE CORPS SYSTEMS COMMAND

2200 LESTER STREET

QUANTICO, VA 22134-6010

Estimated Dollar Value

Based on the Independent Government Cost Estimate (IGCE) the total estimated dollar value for this procurement is . The funding profile is illustrated in the following table by FY.

FUNDING SUMMARY

Estimated Value

APPROPRIATION FY21 FY22 FY23 FY24 FY25 TOTAL

O&M,MC

4. Statutory Authority Permitting Other Than Full and Open Competition

The Statutory Authority permitting use of other than full and open competition is 10 United States Code (U.S.C.) § 2304(c)(1) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii), "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

5. Rationale Justifying Use of Cited Statutory Authority

The Boeing Company LEOS is the only known source capable of providing CLaWS sustainment support to include replacement parts. The Boeing Company LEOS maintains full ownership of CLaWS operational software and CLaWS design including the beam director, laser, power, thermal management and control system. These elements were previously developed exclusively at private expense and The Boeing Company LEOS remains the Original Equipment Manufacturer (OEM). Therefore, the Government only has Limited Rights for the Technical Data Package (TDP) and associated Bill of Material (BOM), and Restricted Rights to CLaWS operational software. A TDP is not available to the Government for the purposes of providing competition for the sustainment services.

These components and technologies are necessary for the sustainment of the current CLaWS systems and no other replacement components or technologies are available.

The continued use of CLaWS in support of C-UAS operations will require support by the OEM, The Boeing Company LEOS, throughout the project’s sustainment period. Recurring application updates are required to reduce cybersecurity vulnerabilities and maintain the CLaWS authority to operate. Additionally, continuous remote support for Marines and troubleshooting is required.

The OEM may be required to procure spare and repair parts. If the prototypes are damaged, the OEM may be required to take delivery of the damaged system(s), repair to Fully Mission Capable (FMC) status, and redeliver with an acceptance test report. If the damaged system(s) require a design modification to increase reliability to an acceptable level, non-recurring engineering activities would be required. Due to these activities, the GBAD program will require contractual arrangements with The Boeing Company LEOS to provide the products and sustainment services needed to support and sustain the CLaWS prototypes during the sustainment period.

The alternative to a sole source effort would require the awardee to conduct re-engineering of a failed proprietary component(s) or subcomponent(s) to facilitate maintenance, which would result in an unacceptable delay in fulfilling the agency’s requirements. The re-engineering and integration of new, unverified components may degrade the system and would require additional immediate laser and safety testing that would put the operational use of the system on hold. Such a foundational change in the system would subsequently result in the rejection of the current Secretary of Defense authorization to employ the system approved in accordance with the Chairman, Joint Chiefs of Staff Manual 3230.01A, Directed Energy Weapon Initial Operational Employment Review and Approval Process (DEW RAP). The loss of this approval would require another DEW RAP to be conducted for the new variant, causing a minimum three to six month delay, post maintenance, before returning the system to an operational status. The three to six month delay for each variant is unacceptable because the system would not be in a FMC status for that time and therefore unable to meet C-UAS capability needs for the Marine Corps units it is deployed with.

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

In accordance with FAR 10.002(b)(2) and 5.201 the Government released a Sources Sought request for Information (RFI) to industry via beta.SAM.gov on May 27, 2020.

Responses to the RFI were received from The Boeing Company LEOS, and A-Tech Corporation, d.b.a. Applied Technology Associates (ATA), both of which provided a capability statement. The program office conducted an analysis of the capability statements, asked ATA additional clarifying questions, and determined that without a license to proprietary data owned by The Boeing Company LEOS, ATA is not capable of providing the required services. ATA provided confirmation of this in their response.

No additional market research was conducted because it is not practicable for any company other than The Boeing Company LEOS to provide the required supplies and sustainment services.

The Government’s analysis referenced herein was captured in the market research report signed by the Product Manager, Future Weapons Systems, on September 11, 2020.

7. Determination of Fair and Reasonable Cost

In accordance with FAR 15.402, the Contracting Officer will ensure that the costs for supplies and services procured as a result of this J&A are fair and reasonable. The Contractor will be required to submit a formal proposal with certified cost and pricing data and sufficient information to support the accuracy and reliability of their estimate. An analysis of the proposal will be performed by the CLaWS Project Officer from Naval Surface Warfare Center Dahlgren Division and contract specialists, with the assistance of Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA) auditors as needed. The Contracting Officer will analyze the various cost elements that are presented in the proposal, as well as review the actual costs from previous procurements, if applicable. Furthermore, the Government will also utilize the PM GBAD’s IGCE as part of their evaluation. Award will only be made to the contractor if the negotiated pricing is found fair and reasonable based upon all available data.

8. Actions to Remove Barriers to Future Competition.

For reasons set forth in paragraph five related to Limited and Restricted Rights in the technology, PM GBAD has no plans to compete the CLaWS sustainment requirement. This is a one-time procurement; there is no intent for a follow-on effort, as directed in the Memorandum from Director, Capabilities Development Directorate titled “Disposition Decisions in case of Counter- Unmanned Aircraft System (C-UAS) Capabilities” dated 13 Mar 2020.

CERTIFICATIONS AND APPROVAL

TECHNICAL AND REQUIREMENTS CERTIFICATION:

I certify 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:

TEAM LEAD

FIXED SITE MARINE AIR DEFENSE INTEGRATED SYSTEM

REQUIREMENTS COGNIZANCE:

PROGRAM MANAGER

GROUND BASED AIR DEFENSE

REVIEW FOR LEGAL SUFFICIENCY:

I have determined this Justification is legally sufficient.

COUNSEL

CONTRACTING OFFICER CERTIFICATION:

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

CONTRACTING OFFICER

COMPETITION ADVOCATE APPROVAL:

Upon the basis of the above justification, I hereby approve, as Competition Advocate for Marine Corps Systems Command, 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) as implemented by FAR 6.302-1.

COMPETITION ADVOCATE

DIRECTOR, CONTRACTS