GATOR SELS CJA 23134 Signed 8.21.23_Redacted.pdf

UNITED STATES MARINE CORPS

MARINE CORPS SYSTEMS COMMAND

2200 LESTER STREET

QUANTICO, VIRGINIA 22134-6050

IN REPLY REFER TO:

CT 028-PEO LS

CJ&A No. 23,134

(CLASS) JUSTIFICATION AND APPROVAL (J&A)

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

Marine Corps Systems Command Program Executive Officer (PEO) Land Systems (LS) Marine Corps 2200 Lester Street Quantico, VA 22134-6050

2. Description of the Action Being Approved

This Class Justification and Approval (J&A) authorizes and approves on a noncompetitive basis an increase to the estimated dollar value for the placement of orders under the Sustaining Engineering and Logistics Support (SELS) Basic Ordering Agreement (BOA) contract M67854-20-G-0032 which was awarded to Northrop Grumman Systems Corporation (NGSC), 1580A W. Nursery Road, Linthicum Heights, MD 21090-2202 on a sole source basis in FY 2020. Authority to act under this class justification expires on 28 September 2025.

3. Description of Supplies/Services

The current SELS BOA provides the services necessary for resolution of warfighter reported problems, and engineering and logistics issues. These services include engineering changes, contractor logistics support, depot life cycle support, Software Support Activity support, Diminishing Manufacturing Sources and Material Shortages support, technical refresh, and studies and analyses. This effort also includes the services for the retrofit of six fielded Gallium Arsenide (GaAs) G/ATOR Low Rate Initial Production (LRIP) systems, with Gallium Nitride (GaN) technology.

This Class J&A increases funding to continue to acquire the services described above. Additionally, it provides for operational spares buys, software development for current and future radar systems and the 5G America’s Mid-Band Initiative (AMBIT) Spectrum accommodation.

J&A No. 23,134 rights to use computer software for some aspects of the G/ATOR.

For example, the Government currently has only limited rights to technical data for the antenna array, and for the REG subsystem and its associated components. The antenna array is the most complex component of the G/ATOR REG, and a complete TDP is essential for G/ATOR system production and any future design changes. Similarly, the Government also has only limited rights to technical data for the REG Transmit / Receive (T/R) modules.

These modules are unique to the G/ATOR design and are unlike those in other radar systems, in that G/ATOR uses auto calibrated, ambient air cooled, T/R modules maintained across a wide range of operating temperatures. The ability to provide SELS for the G/ATOR system is dependent on the use of the same complex engineering and technical data used in the design and development process by NGSC. Re-engineering or replacing the NGSC proprietary products, components and software would result in the Government incurring substantial duplication of costs that is not expected to be recovered through competition and increases the probability of complicated divisions in the configuration baseline, which would also increase operating and support costs and induce significant programmatic, logistics and operational delays which would impede support to the warfighter.

The program office has determined that sustainment efforts for the G/ATOR system will be provided through a combination of Government support activities and NGSC, with NGSC providing support for the products the Government has determined to contain proprietary products, software, and systems developed by

NGSC.

To support a competitive SELS contract for G/ATOR systems, the Government needs a comprehensive TDP with not less than Government Purpose Rights. Without such a TDP with sufficient rights, the SELS of the G/ATOR systems would require a significant amount of re-engineering effort by any contractor other than NGSC. The Government previously requested an estimate for the necessary rights in technical data for the TDP from the contractor and was informed that a rough estimate exceeds $1 billion, and a more specific estimate could be substantially higher. Furthermore, re-engineering would result in a significant program delay, in excess of 10 years, based on developmental timeline for the G/ATOR program of record. Any delay in the SELS of G/ATOR systems will significantly impede the fielding and support of fielded systems to the warfighter.

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

A sources sought notice, M67854-23-I-0046, was issued on 28 February 2023. The notice assessed industry’s capability to provide sustaining engineering and logistics for G/ATOR systems being operated by the warfighter. In addition to NGSC, responses were received from four other vendors: Claxton Logistics Services (Claxton), Decision Technologies, Inc. (Decision Tech), Telecommunication Support Services (TSS), Inc., and PR Squared LLC. PM G/ATOR representatives reviewed these responses and found that all vendors, other than NGSC, would require access to the G/ATOR TDP in order to provide the requisite services. As stated above, the Government does not have a comprehensive TDP as it has only limited rights in significant aspects of the TDP. Given the unavailability of a comprehensive TDP, any contractor other than NGSC would require some alternative means of developing technical data, such as reverse engineering, to be able to effectively provide the required services. These efforts would exceed the schedule requirements for this sustaining engineering and logistics effort. Support of the G/ATOR systems would require a significant amount of re-engineering effort by any contractor other than NGSC that would not be recovered.

Based on the Government’s assessment of the responses received, the Government determined that NGSC is the only known source able to fulfill the requirement for engineering changes, contractor logistics support, depot life cycle support, Software Support Activity support, Diminishing Manufacturing Sources and Material Shortages support, technical refresh, and studies and analyses for the G/ATOR systems.

7. Determination of Fair and Reasonable Cost

The contracting officer has determined that the anticipated cost to the Government of the supplies/services covered by this CJ&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, PEO LS has no plans to compete future contracts for the proprietary types of supplies/services covered by this document. However, the Program continues to implement and expand Should Cost Government Furnished Equipment (GFE) breakout initiatives to reduce the cost of the G/ATOR systems and other subcomponents. If another potential source emerges, PEO LS will assess whether competition for future requirements is feasible. Any future actions will be reviewed by PEO LS to offer competition to the greatest extent possible.