G16 - CJA 22-0185 -- APR-39 FINAL All Pages_Redacted.pdf

CJ&A_22_0185

NGSC Rolling Meadows is the sole designer, developer, and manufacturer of the AN/APR-39 RWR.

NGSC is the only qualified source with the required knowledge, rights, experience and technical data that can meet the design and performance requirements. The Government never purchased a technical data package for the AN/APR-39 RWR that would be suitable as a basis for competition. On 30 March 2020, the Government asked NGSC Rolling Meadows to provide a rough order of magnitude (ROM) cost estimate for providing a Type 3D (3-Dimensional) Product Technical Data Drawing Package with

Government Purpose Rights (GPR) license for the AN/APR-39. This drawing package would be suitable for use as a basis for full and open competition for production of the AN/APR-39D(V)2. NGSC responded on 06 April 2020 declining to sell the requested data package. Based on this, there is no other contractor who can meet the U.S. Government requirements.

Award of any of the efforts for this contract to any source other than NGSC would result in an unacceptable delay. Approximately 24 months would be required to conduct a competition and select a new source. In addition, a new source would require as much as four years to achieve the desired product maturity in order to provide the required hardware and services, which includes three years for development, integration and verification and one year for hardware productionization. This estimate is based on subject matter expert analysis of historical information, including similar full-rate production programs and DMSMS resolution(s). The completion of NRE and integration of Chimera-X into the AN/APR-39 RWR is required to provide additional capability to detect current threats limiting flight operations and to enable detection of emerging Radio Frequency threats. Chimera-X and DRP 2 hardware addresses resolution of known

Diminishing Manufacturing Sources and Material Shortages (DMSMS) and has a 24-month lead time.

These procurements are required to support planned Chimera-X integration, flight and test schedules as well as continued AN/APR-39 production, as the current components will not be available beyond FY26.

Therefore, the efforts described herein cannot be performed by a source other than NGSC without unacceptable delays in deliveries to the Fleet. No other type of supplies or services beyond the

AN/APR-39 will satisfy the agency requirements.

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

The Sources Sought required by Defense Federal Acquisition Regulation Supplement (DFARS)

Procedures, Guidance, and Information (PGI) 206.302-1 was posted on 12 July 2022 and no responses were received. In accordance with FAR 5.201, this effort was synopsized and posted on the SAM.gov website on 02 August 2022. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than NGSC 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 described in paragraph 5, NAVAIR has determined competing this requirement is not feasible and 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 possible. 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:

Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

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.