FinalDepotStandupCJA_Redacted.pdf

CJ&A 23-0177

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with FAR 6.302-1(a)(2)(ii)(B), there would be an unacceptable delay in fulfilling the Government’s requirements if the IRST Block II Depot Standup and IDA obsolescence support efforts were procured through other sources. The original requirement for IRST and IRST Block II was not competed and was procured as approved within CJ&As 12-2706 and 18-0536.

Under these procurements, Boeing functioned as the prime contractor and lead systems integrator for the IRST program throughout all IRST Block I and Block II efforts to date. LMMFC has been a key sub-contractor and has been manufacturing its components throughout the acquisition phases, LMMFC has the only active production line capable of providing these WRAs. LMMFC is the sole source designer, developer and manufacturer of the WRAs and is the only known responsible source that possesses the requisite knowledge, technical expertise, special skills, technical data, facilities and experience to support the Depot Standup activities and the obsolescence re-design for these IRST WRAs.

The Government did not procure or request delivery of the Technical Data Package (TDP) for the IRST system from the prime IRST Block II contractor, Boeing, and its core suppliers, Lockheed Martin and Parker Meggitt, during previous contracts for development and production. Lockheed Martin has historically asserted Limited Rights to various portions of their data, therefore the Government does not possess a complete data package to compete this requirement.

Without the TDP, competitively awarding this requirement to a source other than Lockheed Martin would take approximately eight years. This estimate is based on the historical data associated with the original procurement of the IRST system. Specifically, it would take approximately one year to compete this effort. A new source would spend another three years developing a production representative system. The Government would spend another four years qualifying the new source. This amount of time would present an unacceptable delay in fulfilling the agency’s requirements due to the acquisition program baseline schedule for Initial Operational Capability (IOC).

Additionally, in accordance with FAR 6.302-1(a)(2)(ii)(A), competing these requirements and awarding to an alternative source other than Lockheed Martin would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

As explained above, another source would require a TDP, or access to the data, for the IRST Block I system in order to complete the Block II Phase 2 engineering changes and produce the required Depot Standup Systems, data and manuals. Without the TDP, an alternate source would be required to redevelop the IRST Block II system. The NAVAIR Cost and Schedule Analysis Department has estimated that such redevelopment would cost approximately In this case, neither the cost to redevelop the IRST Block II system, nor the cost to procure the TDP from Boeing or Lockheed Martin would be recovered through competition.

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

A sources sought for Depot Standup was posted on Sam.Gov in accordance with FAR 5.205(c) on 10 March 2023. A sources sought for ROIC Redesign Phase II was posted on Sam.Gov in accordance with FAR 5.205(c) on 31 May 2023; no responses were received for either effort.

CJ&A 23-0177

As required by FAR 5.201, a synopsis of the proposed contract for Depot Standup was published on Sam.Gov on 30 March 2023 and no responses have been received. A synopsis of the proposed contract for ROIC Redesign Phase II was published on Sam.Gov on 29 June 2023 and no responses have been received. Any responses received will be evaluated by the Contracting Officer prior to award. Additionally, any parties interested in subcontracting opportunities will be referred to LMMFC to maximize competition in subcontracted efforts.

No additional market research was conducted because it is not practicable, for the reasons discussed in section 5 above, for any company other than LMMFC 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 compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.