Corporate MSMA BOA FY21_25 CJA REDACTED.pdf

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Delivery Order for the Procurement and Repair of Commercial Items
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26TPM2090127
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This is a Class Justification and Approval (CJ&A) document authorizing sole source procurement under a Basic Ordering Agreement (BOA) with Collins Aerospace (CA), Cedar Rapids, Iowa.

The Naval Air Warfare Center Aircraft Division (NAWC-AD) at Patuxent River, Maryland is authorized to issue orders on a sole source basis to Collins Aerospace for Control Display Unit (CDU), Multi-Function Display-based Common Cockpit System (CCS), Flight Management System (FMS), Tactical Air Navigation System (TACAN), and associated support equipment. Covered supplies and services include repair/modification, spare/repair parts, hardware development, support equipment modification, test and integration support, pre-planned product improvements, engineering and technical support, studies and investigations, contractor validation/verification, technical documentation, acquisition logistics support, training support and equipment, and software and software licenses. The estimated total dollar value across fiscal years 2021-2025 is $49,000,000, distributed across five budget categories: RDT&E ($9,000,000), APN-5 ($10,000,000), OCF ($25,000,000), and FMS ($5,000,000). Authority under this CJ&A expires September 30, 2025. The justification for sole source award under 10 U.S.C. 2304(c)(1) is that Collins Aerospace is the original equipment manufacturer and sole designer/developer of these systems, the Government lacks adequate technical data and rights necessary for competitive procurement, Collins declined to sell data rights on April 16, 2021, and no other sources expressed interest following a synopsis on Beta.SAM on May 11, 2021.

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DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

21983 BUNDY ROAD BLDG 441

PATUXENT RIVER, MARYLAND 20670-1127

CJ&A 21-0241

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Patuxent River, MD

2. Description of the Action Being Approved.

This Class Justification and Approval (CJ&A) authorizes and approves the issuance of orders on a sole source basis under a Basic Ordering Agreement (BOA) with Collins Aerospace (CA), Cedar Rapids, IA, for U.S. Navy/U.S. Marine Corps, U.S. Air Force, U.S. Army, U.S. Coast Guard, other DoD activities and International Programs Office (IPO) customers in support of the Control Display Unit (CDU), Multi-Function Display-based Common Cockpit System (CCS), Flight Management System (FMS), Tactical Air Navigation System (TACAN) and associated support equipment for each system. Authority to act under this CJ&A expires on 30 September 2025.

3. Description of Supplies/Services.

The supplies/services under this BOA may consist of, but are not limited to the following:

The Control Display Unit (CDU), Multi-Function Display-based Common Cockpit System (CCS), Flight Management System (FMS), Tactical Air Navigation System (TACAN) and associated support equipment for each system:

a. Repair/modification

b. Spare/repair parts

c. Hardware not covered under existing contracts

d. Development/modification of support equipment

e. Test and Integration support

f. Pre-Planned Product Improvements (P3I)

g. Engineering and technical support

h. Studies/investigations including but not limited to:

1. New capabilities/additions to existing capabilities

i. Contractor validation/verification of engineering changes

j. Technical documentation

k. Acquisition Logistics Support (ALS)

1. Supportability analysis with ALS data

CJ&A 21-041

l. Training support and equipment

m. Technical manuals

n. Software and software licenses

Estimated Dollar Value in Thousands

FY21 FY22 FY23 FY24 FY25

Total

RDT&E 1,500 1,000 1,000 2,000 3,500 9,000

APN-5 1,000 1,500 1,000 2,500 4,000 10,000

OCF 5,000 5,000 5,000 5,000 5,000 25,000

FMS 1,000 1,000 1,000 1,000 1,000 5,000

Total 8,500 8,500 8,000 10,500 13,500 49,000

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.

CA is the Original Equipment Manufacturer (OEM) of both the hardware and software of the Control Display Unit (CDU), Multi-Function Display-based Common Cockpit System (CCS), Flight Management System (FMS), Tactical Air Navigation System (TACAN) and associated support equipment. The Government does not possess adequate data or the rights necessary to competitively award this requirement. CA was contacted in regards to purchasing the data rights for the CDU, CCS, FMS and associated support equipment and they responded on 16 April 2021 that the data rights are not for sale. The TACAN and associated support equipment have been determined to be commercial products and CA will not provide or sell data necessary to procure the items competitively. As the sole designer, developer and OEM, CA is therefore the only company that has the ability, resources, technology and documentation necessary to modify, develop, produce, maintain and support these systems. The Government is unable to compete this requirement without the technical data and associated rights. Therefore, CA is the only responsible source and no other supplies or services will satisfy agency requirements.

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

To determine if additional sources capable of satisfying the Government’s requirements exist, the Government synopsized this effort on the Beta.SAM website on 11 May 2021. No other potential sources expressed interest in this requirement. For the reasons discussed in paragraph 5 above, additional market research was not conducted because it is not practicable for any company other than CA to fulfill the Government’s requirements. Additionally, it is noted that each order issued under this BOA will be synopsized in accordance with FAR 5.201. Any parties interested in subcontracting opportunities will be referred to CA’s subcontracting department. The Request for Information/Sources Sought Requirement pursuant to DFARS PGI 206.302-1 was waived on 06 May 2021.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government for 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, NAWCAD has no plans at this time to compete future contacts for the types of supplies/services covered by this document. As the sole designer, developer and OEM, Collins is uniquely qualified to modify, develop, produce, maintain and support these systems. If another potential source emerges, NAWCAD will assess whether competition for future requirements is feasible.

Certifications and Approval:

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that 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:

LAUREN CHADWICK

MAPS/SENSORS Integrated Program Team Lead

Requirements Cognizance:

M.V. WILSON, CAPT, USN

Program Manager PMA209

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

BRIDGET JARVIS

Attorney, Office of the General Counsel Naval Air Systems Command

CONTRACTING OFFICER CERTIFICATION

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

LINDSEY BOKA

Procuring Contracting Officer, Aircraft Support Contracts Department NAWCAD Procurement Group

WILSON.MARGAR Digitally signed by

ET.VASAK.1101229 WILSON.MARGARET.VASAK.11

CHADWICK.LAUR Digitally signed by

CHADWICK.LAUREN.A.1285916840

JARVIS.BRIDGET.

ANN.1008589654

BOKA.LINDSEY Digitally signed by

.A.1160089918 Date: 2021.06.03 10:14:14 -04'00'

APPROVED

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurements described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1), FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

LINDA MOBLEY

Director, Procurement Group Naval Air Systems Command

MOBLEY.LIND

DEPARTMENT OF THE NAVY
TECHNICAL/REQUIREMENTS CERTIFICATION
LAUREN CHADWICK
M.V. WILSON, CAPT, USN
BRIDGET JARVIS
CONTRACTING OFFICER CERTIFICATION
LINDSEY BOKA
APPROVED
LINDA MOBLEY

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