JA 19-480_BBN redacted_Redacted.pdf

IN REPLY REFER TO:

J&A Number: 19-480

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.

Award of a contract on a sole source basis for software design, development, and improvement of the Ground Replay System (GRS) from Raytheon BBN Technologies

Corporation, 10 Moulton Street, Cambridge, MA 02138-1119. The anticipated contract period of performance is five years, which includes a base year and four option periods.

3. Description of Supplies/Services.

PMA-264 has a requirement for product development of the Ground Replay System (GRS), which is used for high-fidelity acoustic mission reconstruction of P-8A sorties, to stay in lock-step with on-going P-8A acoustic platform capability developments. It is essential that the software algorithms and display implementations remain in alignment with the Air Anti-

Submarine Warfare (ASW) platforms as well as backwards compatible across previous P-8A aircraft product releases. This includes software development and upgrades related to Multi-static Active Coherent (MAC), MAC Enhancements (MAC-E), Multiple Input Multiple

Output (MIMO), new functionality with the AN/SSQ-101C and the AN/SSQ-125B sonobuoys, UnderSea Advantage (USA) receiver sonobuoy array modifications and associated Next Generation MAC-E processing, concurrent processing of active and passive sonobuoys, new operator machine interface designs; High Duty Cycle (HDC) and demonstration of other Advanced Processing Build (APB) concepts. These requirements are in support of Maritime Patrol and Reconnaissance Aircraft (MPRA) Post-Flight Analysis

(PFA) research, development, and engineering capabilities.

The estimated value and associated funding by fiscal year and type is listed in the table below.

Estimated Dollar Value in Millions

FY20 FY21 FY22 FY23 FY24 Total

RDT&EN 22.5

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

10 U.S.C. 2304(c)(1), One source or limited sources.

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MD 20670-1547

J&A Number: 19-408

5. Rationale Justifying Use of Cited Statutory Authority.

Raytheon BBN was awarded the original contract, N00014-00-D-0133, DO 0015, in April

2002 for the development of the GRS. This procurement was solicited on a full and open competition basis through NAVAIR. Subsequent contracts, for system enhancements that were awarded to Raytheon BBN included: N00421-05-C-0108 awarded in June 2005, N00421-07-C-0014 awarded in February 2007, N00421-10-C-0045 awarded in June 2010, and N00019-15-C-0037 awarded in March 2015. All subsequent contracts were awarded on a sole source basis.

Raytheon BBN is the sole designer and developer of the GRS, and is the only company with the requisite knowledge, experience, and technical data that can meet the Government's requirement. Raytheon BBN proprietary technical data, specifically GRS source code, is required for sustainment and improvements of the system.

The services to be provided under this contract include modifications to and continuation of the current efforts and therefore, cannot be completed by another contractor without significant duplication of cost equivalent, at a minimum, to the value of the prior and current contracts/delivery orders, which totals . There would also be significant, unacceptable schedule delays to the Government for the development of similar GRS software from scratch. Given this, Raytheon BBN is the only source that can complete these requirements.

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

In accordance with FAR 5.201, a Sources Sought Notice for the requirement was posted to the Federal Business Opportunities website on 02 May 2019 and closed 17 May 2019.

and Raytheon BBN expressed interest and submitted capabilities statements. The program office evaluated their responses and determined that was not capable of satisfying the Government requirement due to their lack of access to the source code necessary to make updates, which is owned by Raytheon BBN. Without this source code, would need to create their own GRS software that would be backwards compatible with existing GRS hardware and previous P-8A aircraft product releases prior to the anticipated award date to be able to begin performance without delay upon contract award.

As required by DFARS PGI 206.302-1, a presolicitation synopsis was posted on the FBO website on 15 July 2019, publicizing NAVAIR’s intent of proceeding with award of sole source contract actions to Raytheon. No additional responses or inquiries have been received regarding this procurement.

No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Raytheon BBN to provide the required supplies and services.

J&A Number: 19-408

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services are procured at a fair and reasonable price. An analysis of the contractor’s proposals will be performed by technical analysts and contract specialists, with the assistance of

Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency

(DCAA) auditors as needed. The Contracting Officer will analyze the various cost elements that are presented in the proposals, as well as review the actuals from previous procurements, if applicable. The Contracting Officer will use Government expertise, including DCMA, DCAA, the Program Office, and other Government resources, to evaluate the proposals’ material, labor and subcontract positions. A detailed report developed as part of the

Government evaluation will be utilized to establish a NAVAIR position for each contract action. If a rate agreement is not in place between Raytheon BBN and DCMA at the time of proposal evaluation, the Contracting Officer will work with DCMA and DCAA to establish a rate position, to include escalation, for negotiation of each contract action. As discussed in this paragraph, the Contracting Officer will use cost and price analysis as the basis for negotiating fair and reasonable prices for the supplies and services covered by this J&A.

8. Actions to Remove Barriers on Future Competition.

For the reasons set forth in paragraph 5, there is no plan at this time to compete future contracts for the required supplies and services. If the Government is able to obtain a

Special License Agreement or data rights, there may be the ability to compete future contracts. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.