JA_EAGLS_24-0052_V1.4_Redacted.pdf

CUI

J&A No. 24-0052

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with the authority of 10 U.S.C. 3204(a)(2) and implemented by FAR 6.302- 2(a)(2), the agency's need for the supplies and services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. As a result of an emerging and persistent UAS threat in the USCENTCOM AOR, the Office of the Secretary of Defense (OSD) requests expedited award of EAGLS C-UAS systems to protect and defend United States Forces. Due to the urgent need addressed herein, NAVAIR is entering into a contracting action with MSI so that the contractor can immediately begin the build and delivery of EAGLS. Immediate contract award is critical due to the urgent need of ongoing operations in the USCENTCOM AOR. If the immediate procurement is not made, US Forces will not receive necessary critical C-UAS systems as required for capability in theater.

MSI has been deemed the sole designer, developer, manufacturer, and integrator of the EAGLS C-UAS system. Only MSI has the experience, special skills, facilities, manufacturing techniques, technical data, and subsystems on hand required to produce, assemble, and integrate the EAGLS system to meet in theater requirements and support urgent delivery timelines of an initial fielding 30 days after receipt of order (ARO) and follow on deliveries occurring 60 and 90 days ARO.

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

In accordance with FAR 5.202(a)(2), there were no efforts made to solicit offers. The Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

The Government previously released a Statement of Need, CUXS-23-1, to the Naval Energetics Science and Technology (NEST) Consortium soliciting proposals for a mobile palletized C-UAS solution. The Government conducted a technical evaluation of the three responses from vendors, and based off responses received, the Government determined MSI has a thorough understanding of the requirements, offers a technically suitable solution, reasonable cost, and is the only vendor able to most expeditiously satisfy this urgent requirement.

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 J&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 plan to compete future contracts for the supplies covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.