Exception to Fair Opportunity JA B-2 Multiple Antennas_Redacted.pdf

DMEA # 24-403

6/11/2018

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

FAR 16.505(b)(1)(i) 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 of the following statutory exceptions apply. The specific exception that precludes the fair opportunity process for this acquisition is:

FAR 16.505(b)(2)(i)(B), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

5. Identification of requirement for the procurement of items peculiar to one manufacturer:

N/A.

6. Rationale for authority cited:

Under this contemplated contract, the Government is seeking engineering services from Northrop Grumman Systems Corporation (NG hereafter), CAGE 78JW8 to resolve obsolescence, develop, and qualify a sustainable configuration for manufacturing.

This effort covers 5 different NSNs for 5 B-2 aircraft antennas listed above. These antennas are similar in technologies, but varies in Form, Fit, and Function depending on their applications.

Currently, theses antennas are unsupportable. The Government does not have serviceable assets on the shelf, therefore a failure to any of these antennas on the aircraft would result in a Mission Incapable (MICAP) situation, which could lead to an immediate aircraft grounding. The Government also does not have sufficient technical data, data rights, support equipment, etc. to develop repair and manufacturing capability. These haven’t had support activities for over 20 years, therefore the availability of technical data and support equipment are unknown or no longer exist.

NG, the B-2 aircraft system integrator, is the only known source that has access to the design data and specifications, equipment, and expertise necessary to perform the engineering services required to develop a solution to resolve this deficiency. NG designed the B-2 and continues to be the B-2 integrator today. NG has the B-2 design and integration data that is required for this effort that no one else has. Data related to the antennas and other work items were originally classified by the B-2 System Program Office, therefore were separately archived from other B-2 data. Multiple attempts to locate this data, have been unsuccessful. Data retrieval was attempted at the antennas’ OEMs as well as the aircraft’s OEM. Due to the nature of the original classification and the long period elapse without support contract coverage, the original data will not be recoverable. Currently, the technical data necessary to foster competition for this effort is not available, and it is not possible to draft adequate specifications for this work without such data. On 14Sep2023, NG responded/denied the USG request to release (see email in contract file[23-0085MC.pdf dated 14Sept2023]), provide, and/or sell all applicable and/or available data and data rights to the USG for all support/procurement/sustaining engineering effort activities for these B-2 antennas.

The B-2 aircraft’s requirements for these antennas could translate to MICAPs and/or aircraft grounding immediately due to insufficient spares of these antennas currently in supply without repair and new manufacturing capabilities. Development of an alternate solution by any other entities that do not have the data and data rights of NG at the platform level would require an estimated seven (7)