JA 23-00078 approved (10 March 2025)r_Redacted.pdf

CONTROLLED UNCLASSIFIED INFORMATION

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATIONAugust 2023 Page 3 of 6

Total estimated cost of this acquisition is . The base year unit price was taken from the Forecast Unit Price computed from last option of the previous contract SPRWA1-19-P-0021 and inflated accordingly at a rate of per year. The quantities represented are from the Sep 2024 computation.

This NSN was screened and assigned Acquisition Method Code/Acquisition Method Suffix Code 3/B, Acquire, for the second or subsequent time, directly from the actual manufacturer and must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100, Engineering Drawing Practices. Suitable technical data or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application.

10 U.S.C 3204(a)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

The agency's minimum needs can only be satisfied by the unique supplies or services available from L3Harris Technologies, Inc., which possesses the unique capabilities demonstrated as follows: L3Harris Technologies, Inc. has Small Business Innovation Research (SBIR) protection on the Intellectual Property related to the BRU-57/A (including its components). The BRU-57/A was developed directly from work conducted under SBIR funded USAF projects, contracts awarded to M Technologies Inc, now L3Harris Technologies, Inc. Phase I Contract Number: F08635-89-C-0382, CAGE:0GHS0, Awarding Agency:

USAF, Requirement: Feasibility Study, Multiple Smart Weapon Employment Mechanism (MSWEM);

Phase II Contract Number: F08635-90-C-0503, CAGE: 0GHS0, Awarding Agency: USAF, Requirement:

A report detailing the results of trade studies relating to performance, cost, design approaches and preliminary aeromechanical and packaging considerations. Prototype development of the MSWEM; Phase III Contract Number: F08635-94-C-0081, CAGE: 0GHS0, Awarding Agency: USAF, Requirement:

Update the design developed under Phase I and Phase II, and Contract Number: F08635-99-C-0036, CAGE: 0GHS0, Awarding Agency: USAF, Requirement: Production first article and lots I, II and III for the BRU-57A.

L3Harris Technologies, Inc., a large business, retains SBIR protection as a successor-in-interest entity defined by the SBIR/STTR Policy Directive https://www.sbir.gov/sites/default/files/ SBA_SBIR_STTR_POLICY_DIRECTIVE_OCT_2020_v2.pdf) Para(6)(a)(5) and Para(4)(c)(6) eliminates the small business size limits in Phase III. The SBIR protection is based on the Floating-Point Grid Array design used in the BRU-57/A, as well as the United States Navy (USN) BRU-55/A bomb racks. SBIR data protection prevents government disclosure/distribution of the Technical Data Package (TDP) for competitive actions and does not permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application.

The previous procurement contract, SPRWA1-19-P-0021, was a one-time Purchase Order for 5 each, awarded on 31 July 2019 to EDO LLC (currently doing business as L3Harris Technologies, Inc.) CAGE 82340, with a total award amount equaling

Reverse engineering of the BRU-57/A and all its components cannot be pursued because the USAF has a legal obligation to protect SBIR technology. The BRU-57/A and all its components will remain sole source with L3Harris Technologies, Inc. as long as they are covered by SBIR protection and are able to support

CONTROLLED UNCLASSIFIED INFORMATIONAugust 2023 Page 4 of 6 the requirements.

A meeting was held on Tuesday, 11 Oct 2022. Attendees included: Program Manager from the SBIR Office, Legal representative from 78 ABW/JA, PCO and buyer from DLA and the 409 SCMS/GUME Program Manager and Engineer. The outcome of the meeting revealed there is no foreseeable end to the current L3Harris Technologies, Inc. BRU-57/A (and BRU-55/A) SBIR data rights protection. SBIR/STTR Policy Directive Para (4)(c)(4&5) defines Phase III and states there is no limitation to the duration of Phase III. DFARS 227.7104 specifies the SBIR data protection extends five years after the final delivery on a Phase III contract. The long-term support requirements for the BRU-57/A and its components prevent a lapse in SBIR protection for L3Harris Technologies, Inc. The government requested to purchase data rights in Oct 2022; L3Harris Technologies, Inc. declined. No additional actions are being taken to remove competitive barriers.

Accordingly, L3Harris Technologies, Inc. is the only firm capable of providing the requirements described in Section III above due to SBIR data rights protection.

No government sources are identified for this requirement due to the Government's lack of the manufacturing process. Due to SBIR protection, the USAF cannot distribute the TDP to support competitive manufacture. The successful manufacture of the BRU-57/A 28V power supply requires test equipment, design knowledge and fabrication capability specified in the BRU-57/A

TDP.

The market research techniques utilized were reviews of previous USAF procurement programs and a Sources Sought Synopsis (SSS) posted to sam.gov by the contracting office on , with zero responses received; the SSS closed on 2 , 202 . A web search using the Dynamic Small Business Search for North American Industry Classification System (NAICS) 336413 requiring business type of manufacturing. A Google search was performed attempting to gain additional information using the search phrase “bomb rack+manufacture” (the + before manufacture requires manufacture in all the search results).

Unfortunately, there is no pertinent information in the results.

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.403-4, the contractor will be required to provide certified cost and pricing data to be used in supporting the Government's evaluation of the proposed cost .

The proposed skill mix of labor, labor hours, types and quantities of material, other direct costs, direct and indirect rates will be negotiated by the Government based on recommendations from the Defense Contract Management Agency (DCMA) and expert technical personnel supporting the program. The contract price will be negotiated in accordance with procedures in FAR Part 15, ensuring ultimate cost to the Government is fair and reasonable. The previous award for the BRU-57/A 28V power supply was determined to be fair and reasonable and the Independent Government Estimates (IGE) for this effort will be in line with those prices and adjusted for escalation.

CONTROLLED UNCLASSIFIED INFORMATIONAugust 2023 Page 5 of 6

Market research was conducted as required by FAR 10.001 and 10.002. The market research was completed on . Market research techniques used are as follows: internet searches; such as, Central Contractor Registration, Thomas Registry, IHS Haystack, IL Smart and Google. Websites were searched by part /national stock numbers, by manufacturers, and reviews of previous Air Force procurement programs. There are no Small Business opportunities because there is only one potential source. The BRU-57/A PSA does not fit the definition of a commercial item as defined in FAR Part 2.101.

This item is defined as military unique and is not customarily used by the general public or by non- Governmental entities. The Government requires parts that meet an exact form, fit, and function as determined by the specific mission. There are no aircraft in the commercial market with the same or similar components. Subcontracting opportunities are potentially available for subcomponent manufacture.

L3Harris Technologies, Inc. currently subcontracts BRU-57/A PSA manufacture to Perillo Industries Inc (DBA Century Electronics), which is a woman owned Small Business.

L3Harris Technologies, Inc., a large business, retains SBIR protection as a successor-in-interest entity defined by the SBIR/STTR Policy Directive https://www.sbir.gov/sites/default/files/ SBA_SBIR_STTR_POLICY_DIRECTIVE_OCT_2020_v2.pdf) Para(6)(a)(5) and Para(4)(c)(6) eliminates the small business size limits in Phase III. The SBIR protection is based on the Floating-Point Grid Array design used in the BRU-57/A, as well as the United States Navy (USN) BRU-55/A bomb racks. SBIR data protection prevents government disclosure/distribution of the Technical Data Package (TDP) for competitive actions and does not permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application.

The market research concluded L3Harris Technologies, Inc. is the only vendor capable of fulfilling the Government's requirement.

None.

None.

Due to SBIR protection, the USAF cannot distribute the TDP for this item. In the event an unrestrictive TDP becomes available, the Government will consider not exercising any options left on the contract. An inquiry for sell of the TDP was sent to the OEM on 11 Oct 2022. The OEM responded on 13 Oct 2022 and declined interest in selling the TDP.

The United States Air Force (USAF) will need to sustain the BRU-57/A for the remaining life cycle of the