Exception To Fair Opportunity.pdf

1.

DMEA #19-35

Justification for Exception to Fair Opportunity Process for

Advanced Technology Support Program IV (ATSP4) Indefinite Delivery / Indefinite Quantity (ID/IQ) Task Order Contract

Agency and Contracting Activity:

Defense Microelectronics Activity (DMEA) Contracting Division/MEEB Attn: Samantha Plank, Contracting Officer samantha.plank@dmea.osd.mil 4234 54th Street McClellan, CA95652

Nature and/or Description of the Action Being Approved:

This is a new task order award being made to Raltheon Company under the basic IDIQ contract, IJQ0727-16-D-0006; CET 19-984 dated2SMay 2019, for USMC APG-73 Radar Replacement and

Improvement Program Phase 2. This task is a logical follow-on to DMEA CET 19-900.

Description of the Supplies/Services Required To Meet the Agency's Needs (including the total estimated value, including options, if any):

The AN/APG-79(Y)4 radar systems will be integrated into the F/A-18C/D aircraft as a retrofit. The contract effort will include the NRE for the APG-79(V)4 radar systems and software. DMEA anticipates awarding a contract to Raytheon in FY 2019 for the NRE of the

AN/APG-79(V)4 radars.

Identification of the Exception to Fair Opportunity (Authority Cited):

FAR 16.505(bXlxi) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,500 unless one ofthe following statutory exceptions apply. The specific exception that precludes the fair opportunity process for this acquisition is:

FAR 16.505(bX2XiXC), The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

Rationale for authority cited:

The chosen solution was Ray.theon's AN/APG-79(V)4 radar, which leverages the original F/A-18E/F AN/APG-79(V)1 radar, utilizing over 90Yo of the existing hardware configuration and over 90o/o software commonality.

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Under the previous order, Raytheon will not deliver a technical data package (TDP). While the

Government has limited rights to the AN/APG-79(V)1 radar technical data, these rights are not sufficient to support competitive acquisitions. Additionally, Raytheon asserts it completed a portion of the non-recurring engineering for the AN/APG-79(Y)4 radar using independent research and development funds.

Without the technical dataneeded to build a system for integration into the F/A-1SC/D aircraft, an altemate source would need to develop, test, and qualify a new active electronically scanned array rudar system.

6. Actions to Remove or Overcome Any Barriers that Led to this Exception to Fair Opportunity

This order satisfies all known NRE requirements for the AN/APG-79(V)4 and no future efforts for NRE are anticipated; therefore, DMEA has no plans to compete future requirements covered by this J&A.

7. Redaction

IAW FAR 16.505, the justification must be posted within 14 days after contract award. Project Engineers shall check appropriate box based on coordination with the customer for screening IAW 16.s0s(b)(2)@)(a):

No redaction is necessary. This J&A will be posted in its entirety.

X_ This J&A contains information that cannot be publicly posted (i.e. proprietary contractor data).

A redacted copy will be sent to PCO for posting after customer input.

_ Disclosure of information contained in this J&A would compromise the national security (e.g., would result in disclosure of classified information) or create other security risks. As a result, this J&A will not be posted. Rationale has been provided to the PCO to document the contract file.

8. Technical / Requirements Certification:

I certify that the supporting data under my cognizance that are included in the justffication are accurate and complete to the best of my lorcwledge and belief, 5t24t20t9 Page2 of 4

9. Technical / Requirements Supervisor Certification:

10. Contracting Officer Determination

I certify that this J&A is accurate and complete to the best of my lcnowledge and belief.

I hereby determine that the anticipated cost or price to the Government for this contract aclion v)ill be.fair and reasonable. Actions to ensure reasonableness of the price will be accomplished using procedures and criteria contained in FAR I5.4. Cost and pricing data will be requested. Detailed documentation and justification of price reasonableness will be setforth in the Price Negotiation Memorandum.

11. Chief, ATSP Branch

12. Sr. Procurement Analyst / MEEA

13" Office of Counsel

14. Chief of Contracting/Competition Advocate

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15. Head of Contracting Activity

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