JA OE120 Final_Redacted.pdf

DEPARTMENT OF THE NAVY

PROGRAM EXECUTIVE OFFICER

TACTICAL AIRCRAFT PROGRAMS

47123 BUSE ROAD BLDG 2272

PATUXENT RIVER MARYLAND 20670-1547

IN REPLY REFER TO

J&A_22_0062

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.

This Justification and Approval (J&A) authorizes and approves the sole source award of a contract to BAE Systems Information and Electronics Systems Integration, (hereinafter referred to as �BAE Systems�), Nashua, New Hampshire. This J&A is a follow-on to a previously approved J&A (J&A _17_0061) supporting a contract awarded in March 2019 on a sole-source basis. This contract will procure the FY2023-FY2027 OE-120/UPX Antenna Group Systems, retrofit kits, Installation and Checkout (INCO) kits, testing, production support and technical data.

3. Description of Supplies/Services.

The OE-120/UPX Antenna Group System is a phased array, electronically steered Identification Friend or Foe (IFF) antenna system for the AN/UPX-29(V) Interrogator System.

This contract will procure the production and associated production support for the OE- 120/UPX Antenna Group System, retrofit kit and INCO kit requirements for United States Navy (USN), Foreign Military Sales (FMS) and Special Defense Acquisition Funding (SDAF) customers.

The total estimated quantity to be procured under the OE-120/UPX Antenna contract is up to 110 end items, including Antenna Group Systems, retrofit kits and INCO kits, or other quantities as authorized and appropriated by Congress.

J&A 22_0062

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

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

BAE is the designer and developer of the OE-120/UPX Antenna Group Systems and retains the Technical Data Package (TDP). The Navy did not procure the drawings that would allow another source to produce the OE-120/UPX Antenna Group Systems. Therefore, BAE, as the only manufacturer, is the only known source that has the unique knowledge, experience and special skills required to supply the required supplies and services under this contract.

In accordance with FAR 6.302-1(a)(ii)(A), award to a source other than BAE Systems would result in substantial duplication of cost not expected to be recovered through competition.

NAVAIR Cost and Schedule Analysis Group estimates that an award to a source other than BAE Systems would result in of duplicative costs. The Cost and Schedule Analysis Group estimate is based on the cost to develop the OE-120A Antenna Group System, along with cost for three Engineering Change Proposals for the OE-120B Antenna.

Without a production level TDP, an alternate source would be required to duplicate design efforts and system productionization in addition to qualification and testing. Not included in the duplicative cost estimate are the logistics support costs associated with maintaining multiple configurations throughout the Fleet. The additional logistics support is required if the alternate source cannot provide a form, fit, function replacement for existing OE- 120/UPX equipment.

In accordance with FAR 6.302-1(a)(ii)(B), award to a source other than BAE would result in an unacceptable delay in fulfilling agency requirements to procure and deliver OE-120/UPX Antenna Group Systems to active new ship production lines including Gerald R. Ford class aircraft carriers, Arleigh Burke class destroyers, Constellation class frigates, San Antonio class amphibious transport docks and America class amphibious assault ships. Any delay would result in failure to provide Government Furnished Equipment (GFE) by the Required In Yard Delivery (RIYD) date to shipbuilders for the identified ship classes. Missing GFE deadlines would result in government liability for shipyard activities related to installation of antenna system components, and could further affect acceptance testing, operational capability, and a ships ability to deploy if delays are significant. BAE is the only entity producing the OE-120/UPX Antenna Group System since 1979. Without the TDP, a new source would be required to design, manufacture and qualify a unit that would meet backfit and forward fit ship configurations. It is estimated that these tasks would require a minimum of 24 months after contract award to produce prototypes for qualification and another 24 months to deliver production units. The delay for this critical system would result in inability to meet RIYD dates for 20 surface combatant ships projected for construction between FY2023 and FY2027 in the Department of the Navy Ship Annual Supplemental Data Tables for FY2023.

When NAVAIR requested Rough Order of Magnitude pricing for the TDP in support of FY18-22 and the current production requirements, BAE Systems declined on both occasions to sell them. Accordingly, BAE Systems is the only known company with the unique knowledge, experience, special skills, facilities, manufacturing techniques and technical data required to produce the OE-120/UPX Antenna Group System.

As a result, in accordance with FAR 6.302-1(a)(2)(ii)(A), the Government has determined BAE Systems is the only responsible source capable of meeting the Government�s minimum needs and award to any other source would result in unacceptable delays and substantial duplication of cost to the Government that is not expected to be recovered through competition in fulfilling the Navy�s requirements.

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

A market survey conducted by the Combat Identification subject matter experts concluded that there are no other industry sources that provide similar products to the OE-120/UPX.

However, as discussed in paragraph five, the requirements are available from only one responsible source due to substantial duplication of cost not expected to be recovered through competition and unacceptable delays that would result from awarding to a source other than BAE Systems.

In accordance with FAR 5.201, this procurement was originally posted on the SAM.gov website on 23 July 2021 and reposted on 23 February 2022 to ensure the notice is current.

No responses were received. Any future responses will be evaluated by the Procuring

Contracting Officer prior to award. A Waiver of DFARS PGI 206.302-1, Request for Information/Sources Sought Requirement, was approved on 22 September 2021.

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 five, NAVAIR has no plans at this time 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.

Because this is a non-competitive follow-on acquisition to a previous non-competitive award for the same type of supplies, the prior justification (J&A_17-0061) is provided in accordance with DFARS PGI 206.304(a)(i). Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).