DAIRCM BOA JA SYSCO Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

IN REPLY REFER TO:

CJ&A_22_0250

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Description of the Action Being Approved.

This Class Justification and Approval (CJ&A) authorizes and approves the issuance of a Basic Ordering Agreement (BOA), N00019-19-G-0030, and the associated orders on a sole source basis to DRS Systems Incorporated (SYSCO) in support of AN/AAQ-45 Distributed Aperture Infrared Countermeasures (DAIRCM) as described below. The ceiling for this CJ&A is $99.1 million. Authority to act under this CJ&A expires on 20 November 2023. This CJ&A supersedes CJ&A_18_0193 in its entirety.

3. Description of Supplies/Services.

This CJ&A authorizes the issuance of orders for supplies and services to be procured under the BOA and may include a wide scope of tasks to support logistics and engineering efforts for the DAIRCM system. The logistics efforts to be procured under this BOA include, but are not limited to: (1) procurement of WRAs, SRAs, Support Equipment, materials, piece parts and technical data; (2) repairs and refurbishment of WRAs, SRAs and Support Equipment; and (3) support of test and Fleet aircraft installs. The engineering support efforts to be procured under the BOA include, but are not limited to: (1) fault analysis and corrective actions;

(2) performance of studies as required; (3) software/hardware development efforts; (4) test and field support;

(5) aircraft integration support and (6) non-recurring engineering and Engineering Change Proposal (ECP) development. Specific requirements and deliveries will be included in individual BOA orders.

The total estimated value of this CJ&A is $99.1M and will be funded with Fiscal Year (FY)19 through FY23 APN 1-5, APN-6/NWCF, RDT&E, Other Customer Funds (OCF) and O&MN funds.

Estimated Dollar Value (in $M)

Funding/Appropriation ($M) FY19-23 Total

APN 1-5 13.00

APN-6/NWCF 10.00

RDT&E 67.50

OCF 7.00

O&MN 1.60

Total: 99.10

APN 1-5 13.00

APN-6/NWCF 10.00

RDT&E 67.50

OCF 7.00

O&MN 1.60

Total: 99.10

CJ&A_22_0250

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.

Under Future Naval Capability (FN04-03), Integrated E/O Infrared (IR) Self Protect Suite for Rotary Wing Aircraft, the Naval Research Lab (NRL) developed an integrated solution utilizing existing technologies from DRS Network and Imaging Systems, LLC. and Daylight Defense, LLC to form the DAIRCM system. The DAIRCM technology was matured and used as a technology demonstration platform for Army and DON 2-color IR Countermeasures Programs of Record (PoRs). On 29 May 2015, the Joint Rapid Acquisition Cell directed the Services to provide materiel solutions to meet the requirements of the JUONS SO-0010 within a 24-month period. The DAIRCM system was selected as the materiel solution and sole source contracts were awarded to DRS Network and Imaging Systems, LLC and Daylight Defense, LLC on 24 March 2016, on the basis of urgency to achieve the 24-month JUONS requirement.

Leonardo DRS acquired Daylight Solutions (a parent company to Daylight Defense) in March 2017 and established an organizational structure in which DRS Network and Imaging Systems, LLC and Daylight Defense both continue to support DAIRCM under separate business units. Based on the authorization approved herein, a Corporate BOA will be executed with SYSCO, the holding company of DRS Network and Imaging Systems, LLC and Daylight Defense, LLC.

DRS Network and Imaging Systems, LLC is the sole designer, developer and manufacturer of the DAIRCM processor and the stacked focal plane arrays associated with the DAIRCM D2 sensor. The stacking of focal plane arrays reduces the power and weight required by the host platform to detect IR threats. This sensor technology is the only IR threat detection technology currently suitable for small to medium rotary wing aircraft.

In addition, the DRS sensor contains an Infrared Countermeasure (IRCM) Pointer and rate gyros that stabilize the sensors for high flexure applications. Due to size and weight implications, a separate autonomous IRCM system is not suitable for small to medium rotary wing aircraft. There is no other manufacturer of this technology at this time.

Daylight Defense, LLC is the sole designer, developer and manufacturer of the Quantum Cascade LASER and the fiber-optic cable assembly (FOCA), which are provided to DRS Network and Imaging Systems as Government Furnished Property for incorporation into the DAIRCM system. The Quantum Cascade LASER provides the power, wavelength and modulation characteristics that are required for the DAIRCM system. This technical approach enables the size, weight and power that are required to meet the DAIRCM system requirements and uses an optical switch technology that also enables DAIRCM system performance. Daylight Defense has demonstrated the ability to meet the DAIRCM specifications through design verification testing, reliability testing and flight testing. Daylight Defense has also leveraged its mid-infrared fiber cable technology into FOCA products that have been demonstrated to meet DAIRCM system performance and environmental requirements. Daylight Defense has conducted reliability characterization testing and is subjecting its FOCA products to environmental qualification testing. Daylight Defense is the only contractor with the requisite knowledge, experience, and technical data that can meet the required fielding plans to cover the gap between JUONS SO-0010 and a fully integrated solution on the respective platforms as DAIRCM transitions to a POR.

The Government does not own a technical data package (TDP) for DAIRCM that is suitable for competition.

On 08 June 2022, the Government asked SYSCO to provide a rough order of magnitude cost estimate for providing a Type 3D (3-Dimensional) Product TDP with Government Purpose License Rights (GPLR) for their respective components. On 15 June 2022, SYSCO provided a response stating it is unwilling to offer for sale such a TDP.

Procuring the required supplies or services from a source other than SYSCO would result in an unacceptable delay. The supplies and services to be ordered under this BOA are necessary to support fielding plans of the production hardware. Any interruption to the acquisition of these requirements would pose critical setbacks to current fielding schedules for the AN/AAQ-45, limiting the ability to support mission tasking. Competitive award of any of the aforementioned efforts would take approximately 24 months. If a new source were selected, it would require four to six years to design a new countermeasures system, manufacture the Engineering Development Models, complete qualification testing and produce the required hardware. Based on the unacceptable delays, the Government has determined that SYSCO is the only responsible source capable of meeting the U.S. Government’s requirements.

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

The Sources Sought required by DFARS PGI 206-302.1 was posted on 26 May 2022. In accordance with FAR 5.201(b)(1), the proposed BOA was synopsized on 09 June 2022 and posted on the sam.gov website.

No responses to the sources sought or synopsis were received. Additionally, each order under this BOA will be synopsized individually and posted on the sam.gov website. 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 SYSCO 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 set forth in Paragraph 5, NAVAIR has no plans at this time to provide for a full and open competition for the types of supplies/services covered by this document. The Government will continue to pursue a TDP with rights that will permit future competition. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible. Because 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 J&As were 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).

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:

Signature Name (Printed) Phone No. Date

Requirements Cognizance:

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

Signature Name (Printed) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

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

Signature Name (Printed) Phone No. Date

APPROVED

Upon the basis of the above justification, I hereby approve 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), Only one responsible source and no other supplies or services will satisfy agency requirements.

Dee A. Peters, SES Date Director, Procurement Group for PEO(T)

07/26/225712651794LtCol Joseph Weakley

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:

_____________________________ _____________________________ ___________ __________07/26/225712651794LtCol Joseph Weakley Signature Name (Printed) Phone No. Date

Requirements Cognizance:

Signature Name (Printed) Phone No. Date