JA_FINALRedacted_17Dec25.pdf

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

August 2023 Page 6 of 7

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

(U) The Market Research encompassed an RFI on SAM.gov, individual searches into potential offerors, research conducted in Government Databases, a thorough technical evaluation of the two statements of capability that were received, one from NGDS and one . Finally, a comparison of the contracting efforts completed for SiAW Phase 1 and Phase 2.1 in addition to the PMA-242 AARGM-ER EMD contract.

(U) Based on the Market Research, the Government intends to pursue a sole source acquisition strategy to NGDS for this IDIQ. As the OEM for the SiAW and AARGM-ER, NGDS has access to all proprietary hardware and software technical data for both Weapon Systems. NGDS has developed a Weapons Open Systems Architecture (WOSA) compliant system architecture and has established an integrated digital environment beneficial for collaboration and development with the Government. NGDS, has demonstrated during SiAW Phase 2 development that they possess the requisite security infrastructure at CUI, SECRET, SECRET-SPECIAL ACCESS REQUIRED (SAR), TOP SECRET, and TOP SECRET-SAR classification levels as required in the future. All of this contributes to NGDS being the only feasible option for the Government.

(U) has preliminary capabilities but presents potential problems in completing work required under this IDIQ contract. The primary concern with is the lack of access to, and ownership of, the proprietary data owned by the primary contractor. Other issues include not currently meeting system security requirements (including Cybersecurity and Cyber resiliency) along with classification and connectivity issues which present schedule concerns. SiAW's MTA has less than 30 months remaining and for the IDIQ to meaningfully contribute to the SiAW and AARGM-ER programs, the contractor that is awarded this IDIQ must have all security infrastructure and capabilities and data rights access available at award of the IDIQ. cannot meet the mission capability requirements within the time frame required for the Government and therefore cannot be a successful competitor for this award.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

(U) Weapon Technical Data Right and Classification considerations are the other factors supporting the use of Other Than Full and Open Competition. WOSA modular design and Government Unlimited rights to interface data has been a fundamental driver of the SiAW development. This focus will continue into this IDIQ contract.

While full data rights regarding interfaces and form/fit/function between subsystem modules is of prime importance, data rights concerning operations internal to many of the modular subsystems that are integrated to result in SiAW are subject to limitations appropriately asserted by the contractor. Thus, the SiAW data rights strategy maximizes Government rights enabling replacement and assembly of SiAW subsystem modules without completely controlling data rights associated with those subsystems.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

- (U) Expressed interest in the RFI on 11 April 24

- (U) Provided their Distro D Authorization form on 17 April 24

- (U) Provided their response to the RFI on 24 April 24

- (U) Clarification questions from the Government were sent to the vendor on 8 May 24

- (U) Response to the clarification questions were received on 29 May 24

- (U) No further communication

- (U) Expressed interest in the RFI on 17 April 24

- (U) Provided their Distro D Authorization form on 18 April 24

- (U) Provided their response to the RFI on 24 April 24

- (U) Clarification questions from the Government were sent to the vendor on 7 May 24

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

August 2023 Page 7 of 7

- (U) Response to the clarification questions were received on 9 May 24

- (U) Expressed interest in the RFI on 18 April 24

- (U) Did not complete the required Distro D Authorization form which was provided on 18 April 24

- (U) Expressed interest in the RFI on 18 April 24

- (U) Did not complete the required Distro D Authorization form which was provided on 19 April 24

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

(U) The Government will continue to monitor the market and conduct Market Research as required by FAR 10.002(b)(1). Additionally, SiAW is leading the way in WOSA compliance which mitigates data rights concerns and could allow for future awards to alternate WOSA compliant vendors. The SiAW Program Office will continue to monitor potential vendors for future awards.

XI. Certification by the Contracting Officer.

(U) As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

(U) As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.