JandA GR MBR II 07 JUN 22 Redacted.pdf

Code: CT-2.2 J&A Number:

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

In accordance with FAR Section 10.002(b)(2) and 5.201, MCSC released a combined Notice of Intent to Sole Source and Sources Sought Notice, M67854-20-I-2072, to industry on 18 June 2020 via https://beta.sam.gov. The Notice of Intent expressed MCSC’s intent to award a contract on a sole source basis to L3Harris Technologies Inc. , in accordance with FAR Subsection 6.302-1. The Notice requested interested parties to identify their interest and capability to meet the requirements for porting of waveforms no later than 06 July 2020. The MCSC received no response from an offeror stating that it could port the waveforms. In fact, MCSC received no responses at all to the Notice.

Pursuant to DFARS PGI 206.302-1, a second MBR II Notice of Intent to Sole Source and Sources Sought Notice, M67854-22-I-2016, was released to industry on 13 Dec 2021 via https://sam.gov. The Notice stated MCSC’s intent to award a contract on a sole source basis to L3Harris Technologies Inc. and requested that interested parties with an alternative solution identify their interest and capability to meet the requirements for porting of waveforms onto the RT-1949, no later than 04 Jan 2022. The Government did not receive any response; no company stated that is was capable of porting waveforms , nor did the Government receive any expression of interest in providing an alternative solution to this requirement.

7. Determination of Fair and Reasonable Price

In accordance with FAR 15.402, the Contracting Officer will ensure that supplies and services procured, as a result of this Justification and Approval (J&A), are procured at a fair and reasonable price. L3Harris will be required to submit a formal proposal with certified cost and pricing data and sufficient information to support the accuracy and reliability of their estimate.

An analysis of the proposal will be performed by technical analysts from the PM CS Program Office and contract specialists, with the assistance of Defense Contract Management Agency and Defense Contract Audit Agency auditors, as needed. The Contracting Officer will analyze the various cost elements that are presented in the proposal, as well as review the actual costs from previous procurements, if applicable. Furthermore, the Government will also utilize the PM CS’s IGCE in evaluating the fairness and reasonableness of the proposed price. The Contracting Officer will ensure that the final negotiated price for the services covered by this J&A is fair and reasonable.

8. Actions to Remove Barriers to Future Competition

For reasons set forth in Paragraph 5 above, PM CS has no plans to compete waveform porting or sustainment services . However, if another potential source emerges, PM CS will assess whether competition for future requirements is feasible. Any future actions will be reviewed by PM CS to promote competition to the greatest extent possible.