JA AMNS BOA FY24-29_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL SEA SYSTEMS COMMAND

1333 ISAAC HULL AVE SE

WASHINGTON NAVY YARD DC 20376-0001

IN REPLY REFER TO

CJ&A Number: 64396

Code: 0264

N00024-24-NR-99511

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command (NAVSEA), Undersea and Unmanned Systems Contract Division, NAVSEA 026.

2. Description of the Action Being Approved

NAVSEA will use other than full and open competition to award a sole source Basic Ordering Agreement (BOA) to Raytheon, Portsmouth, RI, to procure system repairs and support for the AN/ASQ-235 Airborne Mine Neutralization System (AMNS).

Authority to act under this class justification and approval (CJ&A) expires five (5) years after award of the BOA contemplated by this CJ&A.

3. Description of Supplies/Services

This procurement will consist of materials, support and documentation necessary to receive, evaluate, inspect, maintain, disassemble, repair, overhaul, refurbish, assemble, and test the

AMNS.

The BOA will also provide the supplies and support for depot, test, technical, computer, life cycle, and training support;

spares and repair parts; support equipment; engineering support;

engineering change kits; support material and equipment, associated technical data, and data management.

The ordering period for the BOA will be five years after contract award.

The estimated value of this acquisition is $56M and the funding profile is shown below.

Estimated Dollar Value FY24-29 Total

Total $56M

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C. 3204(a)(1), as implemented in FAR 6.302-1(a)(2)(ii), “Only one responsible source and no other type of supplies or services will satisfy agency requirements.”

5. Rationale Justifying Use of Cited Statutory Authority

Pursuant to 10 U.S.C. 3204(a)(1), Raytheon is the only responsible source with the requisite resources, knowledge, technical qualifications, capability, and experience to provide the highly specialized AMNS equipment, services, and integration effort, and documentation necessary for the production of AMNS systems without unacceptable delays in fulfilling the agency’s needs.

In 2004, Raytheon’s data right assertions were incorporated into contract N00024-03-C-6310. In 2006, the Government sent a team to Raytheon to confirm the assertions, and though most source code was developed with funds blended from Raytheon and the Government, the Government determined that source code was 100% .

In 2019, Raytheon agreed to deliver the AMNS LHS Technical Data Package (TDP) to include both blended and full IRAD assertions.

The Government assesses that the TDP, including the blended and full IRAD data rights assertions, will still preclude competition.

In the absence of a complete and validated TDP, the Government estimates that it would take a company other than Raytheon Company approximately six (6) years to gain the knowledge of the AMNS program necessary to perform the efforts under the contract. Such a delay would be unacceptable as it would delay LHS depot level maintenance and repairs, thereby greatly limiting the number of LHSs available to the fleet and significantly decreasing the fleet’s ability to perform the AMNS mission.

Full and open competition is not applicable for this BOA, as the BOA continues to support systems in the fleet, which were procured without Government Purpose Data Rights and supported with Raytheon’s full IRAD assertions and Applied Physical Sciences Corp (APS) subcontractor data rights assertions; these restrictive data rights preclude competition.

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

Offerors as Practicable

For the reasons detailed in Paragraph 5 above, no request for information or sources sought notice was issued. A waiver in accordance with DFARS PGI 206.302-1 was approved and in accordance with FAR 5.2, a synopsis of this procurement was published on the Government’s point of entry website on 25 March 2024. To date, no expressions of interest were received in response to the synopsis. No market research was conducted because it is not practicable, for the reasons discussed in Paragraph 5 above, for any company other than Raytheon to provide the required supplies and support.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the supplies and support covered by this CJ&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NAVSEA 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, NAVSEA will assess whether competition for future requirements is feasible.

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 data 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.

NAVSEA DIRECTOR OF CONTRACTS APPROVAL

Upon the basis of the above justification, I hereby approve, as the Head of the Procuring Activity, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1).

Kristine R. Boyles Date

2 July 2024BOYLES.KRISTINE.

R.

Digitally signed by

BOYLES.KRISTINE.R

Date: 2024.07.02 18:59:47 -04'00'