Justification FAR Part 6 (JA) - 15 Aug Final (006)_cafc W31P4Q25P0026 - Redacted.pdf

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Control Number: PFB-J&A25-2187

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JULY 2025

JUSTIFICATION REVIEW DOCUMENT

FAR Part 6 Justification and Approval for Other than Full and Open Competition

Program/Equipment: Multiple Launch Rocket System (MLRS) and High Mobility Artillery Rocket System (HIMARS) - Data Distribution Unit – Expandable (DDUx) II kits.

Authority: 10 United States Code (USC) 3204(a)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1(a)(2)(ii)(A) and (B) –“ Only one responsible source and no other supplies or services will satisfy agency requirements. Substantial duplication of cost to the Government that is not expected to be recovered through competition and/or Unacceptable Delays in fulfilling the agency’s requirements

Amount: $6.1 million

Prepared by: Phone:

Acquisition Analyst Date: 17 July 2025

Contracting Officer: Phone:

Contracting Officer Date:

Technical:

Requirements: Phone:

Project Manager Date:

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Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Project Manager:

Phone: (

Legal Counsel:

Digitally signed by

Date: 2025.08.21 07:42:15 -05'00'

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6. Reason for Authority Cited: The proposed sole source contractor is , 100 N. Babcock Street, Melbourne, FL 32935, CAGE Code is the designer, developer, producer, and prime contractor of the DDUx II kit. The DDUx II kit is the user interface between the soldier and the launcher.

a. , as the prime contractor for 8 years, possesses the personnel, facilities, tooling/test equipment, and exclusive corporate knowledge required to accomplish the upgrade procedures including engineering modifications, software, data and tooling development. The Government has unlimited rights to the HIMARS and MLRS launcher production level 3 technical data packages (TDP) at the system integrator level. The Government has restricted rights for the DDUx II subcomponent product level TDP which cannot be used for competition.

b. Alternatives: There are no known feasible alternatives to support the proposed acquisition.

c. Impact if not approved: Pursuing a contract, whether competitive or sole source, with a source other than the current prime contractor would result in a significant cost, schedule, and performance risk to the HIMARS program. Attempts to compete this requirement would result in unacceptable delays in the performance of the requirement to gain compatibility with new equipment. Furthermore, the Government would incur significant duplication of costs that would not be recouped through competition while resulting in adverse impacts to mission.

7. Efforts to Obtain Competition: Based on the reasons cited in paragraph 5, is the only source possessing the total system knowledge, expertise, and technical data necessary to complete this requirement. The Contracting Officer has published the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective competition: Effective competition is not feasible because the Government does not own a complete TDP.

b. Subcontracting competition: In accordance with FAR 52.244-5, Competition in Subcontracting, the contractor is expected to compete subcontracts when it is reasonable, to the extent that competition is feasible and will achieve equal or better performance with components at lower prices. The Contracting Officer will ensure that FAR 52.244-5 and all other applicable FAR and Defense Federal Acquisition Regulation Supplement (DFARS) clauses are included in the solicitations and the resulting contracts.

8. Actions to Increase Competition: Competition is not a viable alternative for this acquisition for the reasons stated in paragraphs 5 and 6 above. is the only responsible source currently possessing the total system knowledge, expertise, CUI//SP-PROCURE//FEDCON and experience necessary to meet and support mission requirements without incurring significant duplicative costs and unacceptable time delays. Further, the Government does not possess sufficient technical documentation that would allow for another contractor to produce this equipment, nor could such information be sufficiently defined in a performance requirement/specification suitable for competition.

9. Market Research: Market research was performed in accordance with FAR Part

10.002. The STORM PO conducted market research during the February - March 2025 timeframe to consider the alternatives of a full and open competition or sole source procurement to the prime contractor. The results were documented in an April 2025 market research report and commerciality determination.

Research techniques consisted of contact with knowledgeable persons in the Government and/or industry regarding the commercial nature of this requirement and/or standard industry practices in this area of supplies and services, publication of a formal request for information (RFI), review of the Government and commercial databases for relevant information, and review of catalogs and other generally available product literature. In accordance with DFARS 205.205-71, DFARS 206.302-1(d), and DFARS PGI 206.302-1(d), a request for information was posted to SAM.gov on 10 April 2025 and closed on 21 April 2025. The RFI requested the submittal of “white papers regarding the capabilities, past similar experience, and technical approach.” The following two companies responded to the RFI:

a. ); Size: Small Business

b. Size: Small Business

Neither nor have sufficient expertise, technical data, and experience to fulfil the requirements of this acquisition. The market research for this production effort identified as the only source possessing the expertise, experience, and in-depth knowledge needed to perform the requirements. Based on the results of the research, the STORM PO determined that the supplies are not commercial and there are no commercial or non-developmental substitutes that can be used to satisfy this requirement, since the components and spare parts required are unique to the HIMARS launcher. FAR Part 12, Acquisition of Commercial Products and Commercial Services, cannot be used to buy these supplies. Discussions with knowledgeable individuals determined that the hardware manufactured by is the only solution because the was specifically designed utilizing the hardware manufactured by . Efforts to integrate another display unit will incur significant development and integration costs that would not be recouped through competition.

10. Interested Sources: This requirement will be synopsized in the Government-wide point of entry (SAM.gov) upon J&A approval, as required by FAR 5.201, and any capability statements, white papers, or proposals received shall be considered. While

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the market research (see paragraph 8) indicated interested sources in DDUx II kit, none were deemed qualified other than . Based on the market research outlined in paragraph 8 above, the interested sources to date have not met the requirements needed for the Government requirement without substantial time delays and duplicative cost.

11. Other Facts:

a. Procurement history. The following contracts were source directed procurements and/or awarded sole source to based on the provision of 10 U.S.C.

3204(a)(1), as implemented by FAR 6.302-1(a)(2)(ii), only one responsible source and no other type of supplies or services will satisfy agency requirements. No prior awards were accomplished by full and open competition.

Contract

Description

Competitive Status

Award Date Quantity Value

W31P4Q-21-P-

Fire Control System Display Assembly – Romania/Poland

Sole Source – Source Directed

08/19/2021

$2,784,106.90

Fire Control System Display Sole Source –

11/29/2022

$1,518,100

W31P4Q-23-P- Assembly – Romania/Poland – Source Directed 0003 UK/Taiwan

W31P4Q-24-P- Fire Control System Display Sole Source – 08/22/24

$3,9115,100 0009 Assembly –FMS Source Directed

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Approval

Based on the foregoing justification, I hereby approve the procurement of one hundred forty-five (145) Data Distribution Unit – Expandable (DDUx) II kits for $6.1 million from

CAGE Code on an other than full and open competition basis pursuant to the authority of Title 10 U.S.C. 3204(a)(1) as implemented in FAR 6.302- 1(a)(2)(ii)(A) and (B), “Only one responsible source and no other supplies or services will satisfy agency requirements.” Substantial duplication of costs to the Government that is not expected to be recovered through competition. The estimated value of the new contract is $6.1 million for a 24-month period or performance from 1 October 2025 to 30 September 2027. The approval is subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for this acquisition.

Signature:

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for Competition