FSSO UCA JA_Redacted 10 01 2024.pdf
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- Solicitation number
- JA_Notice-W31PQ-22-C-0049-P00026
- Issued by
-
Department of the Army
About this file
This document is a Justification and Approval (J&A) for Other than Full and Open Competition under FAR Part 6 to award an Undefinitized Contract Action (UCA) modification to an existing C-type contract with Raytheon Technologies (RTX) for Contractor Logistics Support (CLS) of the HAWK Missile System.
The modification will add labor, material, and travel Cost-Plus-Fixed-Fee and Cost-No-Fee CLINs to the existing contract to support a CLS team of HAWK Missile System Subject Matter Experts. The CLS performance is estimated to begin on September 30, 2024 and continue through May 28, 2027, with an option to extend for 6 additional months. The anticipated award date is September 30, 2024. The contract will be fully funded using Foreign Military Sales (FMS) funds. Market research determined RTX is the only company capable of providing the necessary CLS services based on their unique expertise and proprietary rights related to the legacy HAWK system. Two Sources Sought/RFIs were issued, but no other interested sources were identified.
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Control Number: CCAM-J&A24-1853
Justification and Approval for Other than Full and Open Competition – FAR Part 6
1. Contracting Activity: The contracting activity responsible for this action is the Army Contracting Command-Redstone Arsenal (ACC-RSA), AL, Missile Logistics HELLFIRE/HAWK (CCAM- MLH), Redstone Arsenal, AL 35898-5280.
2. Description of Action: The Security Assistance Management Directorate (SAMD) requests approval to award an Undefinitized Contract Action (UCA) modification to C-Type contract W31P4Q-22-C-0049 on a Cost-Plus Fixed Fee/ Cost No Fee with Raytheon Technologies (RTX), 350 Lowell Street, Andover, MA 01810, CAGE Code: 05716. The Base contract was awarded as a Sole Source, Cost Reimbursable cost type contract. The modification to the base contract will add Labor and Material Cost Plus Fixed Fee CLINs. The Travel CLIN will be Cost No Fee. The modification will increase the current contract ceiling by from to with the addition of Contractor Logistics Support (CLS). The CLS performance is estimated to begin on 30 September 2024, (Option Year 2 performance period) and continue through Option Year 3 and Option Year 4 with contract completion of 28 May 2027, with an option to extend an additional 6 months IAW FAR 52.217-8, Option to Extend Services. The anticipated award date is 30 September 2024. A UCA is requested as the utilization of the normal acquisition cycle to procure the HAWK requirements would result in an unacceptable delay in the contractual coverage. This requirement is not source directed. The contract will be fully funded utilizing Foreign Military Sales (FMS) funds under FMS Case WTD in support of .
3. Description of Supplies/Services: HPO is in need of a CLS team of HAWK Missile System Subject Matter Experts (SMEs) to assist the United States Government (USG), the HAWK Forward CLS as expressly designated by the USG, and the maintainers with HAWK Systems. The USG requires that the contractor achieve this by establishing and maintaining technical support availability to answer questions, within 48 hours upon receipt in English, concerning the operation, maintenance, troubleshooting, parts, testing, and technical documentation applicable to the HAWK Missile System. In addition to the SME support, the USG needs reach back and short-term, flyaway technical support and services for resolution of issues, that require subject matter expert input. Flyaway technical support will be required at the designated HAWK Forward location as identified by the USG. The CLS team shall also support the USG, CLS HAWK Forward Contractor, and the maintainers in the performance of Field Level maintenance of their HAWK Systems and support equipment in accordance with applicable system Technical Manuals (TMs) and documentation. Maintenance support includes system status verification testing, fault detection, fault isolation, built-in testing, troubleshooting, and remove and replace actions with available Battery Replaceable Units (BRUs).
Control Number: CCAM-J&A24-1853 located. A second RFI/Sources Sought will be publicized in SAM.gov on or about 21 August 2024 and will close on 28 August 2024. Any bids or proposals received shall be considered.
a. Effective competition. No effective competition is anticipated for this acquisition due to efforts to obtain interested sources through RFI/Sources Sought and Market Research as discussed in para 6 above.
b. Subcontracting competition. FAR 52.244-5, “Competition in Subcontracting” is included in the contract. RTX shall select subcontractors (including suppliers) on a competitive basis to the maximum practical extent consistent with the objectives and requirements of the contract. In accordance with FAR 19.702(a)(1) a subcontracting plan is included in the contract. RTX currently has a Comprehensive Small Business Subcontracting Plan.
7. Actions to Increase Competition: HAWK is considered a non-standard, legacy system, having been out of the US Army inventory for 25 years. This coupled with the shortage of contractors willing/able to perform leaves few/no options. At this stage in HAWK’s lifecycle, it is not in the best interest of the USG to consider using another source to support the HAWK Missile System.
8. Market Research: IAW FAR Part 10 and DFARS 210.001, market research was conducted to identify all qualified sources. The Non-Standard Missile Systems Management Branch, SAMD, manages the HAWK Missile System and is in constant contact with industry representatives, USG personnel, and foreign government partners that utilize the HAWK Missile System and have vast knowledge of the HAWK FSSO program. There are no commercial or non-development products or equivalents suitable for this effort. The Associate Director of the Non-Standard Missile Systems Division, SAMD, concluded that RTX is the only company capable of providing the services necessary to meet the stated requirements based on their unique knowledge, subject matter expertise, and proprietary rights necessary to perform this work with best efforts to meet schedule and cost goals. Market Research determined that FSSO CLS is not a commercial item/service; therefore, FAR Part 12 will not be utilized.
a. A Market Research Report/Commercial Determination: Market Research was conducted on 03 April 2024 by the SAMD Contract Management Specialist, SAMD HAWK FSSP, and TRMF Program Manager. Based on the results of the Market Research Report the source was identified: RTX, 350 Lowell Street, Andover, MA 01810, CAGE Code 05716.
9. Interested Sources: Any source expressing written interest in this requirement will receive due consideration as required by law. In accordance with FAR 5.201, a Sources Sought/RFI was issued on 4 April 2022. No other sources expressed an interest in this requirement via this RFI. Second Sources Sought/ RFI was posted on SAM.gov on 21 August 2024. No other sources expressed interest.
10. Other Facts:
a. Procurement History. The following contracts were awarded to RTX on an other
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