MBRV-11 JandA 22-0023 (Amd 1)_Redacted_Approved for Release.pdf

DEPARTMENT OF DEFENSE

MISSILE DEFENSE AGENCY

5700 18th STREET

FORT BELVOIR, VIRGINIA 22060-5573

J&A No: 22-0023 (Amd 01)

Contract: HQ0147-19-C-0005

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Introduction (FAR 6.303-2(b)(1)).

Upon the basis of the following justification, I, as Director of the Missile Defense Agency

(MDA), hereby approve the issuance of the contractual action discussed below using other than full and open competition pursuant to the authority cited herein.

2. Agencies and Contracting Activity (FAR 6.303-2(b)(1)).

This justification and approval (J&A) is for the MDA Targets and Countermeasures Subscale (TCS)

Program Office to contract by means other than full and open competition. The contracting activity is

TC Contracts Directorate. The point of contact for this action is

3. Nature and Description of the Action Being Approved (FAR 6.303-2(b)(2)).

The Government intends to issue a modification on the Type 4 (T4) Subscale Contract, HQ0147- 19-C-0005 to Northrop Grumman Systems Corporation (NGSC). The modification will add new Contract Line Item Numbers for the addition of five

Modified Ballistic Reentry Vehicle-11 (MBRV-11).

4. Description of the Supplies and/or Services Required to Meet the Agency’s

Needs (including the estimated value) (FAR 6.303-2(b)(3)).

The contractor shall design and develop the MBRV-11 based on the Targets System

Performance Specification Configuration 1 (DE-DEIE-2021-SPEC-TPS-001 MBRV

Configuration 1) while complying with MDA’s Systems Engineering Processes. The contractor shall deliver five MBRV-11s to support the Missile Defense System (MDS) Testing based on the Integrated Master Test Plan (IMTP). The contractor shall procure, manufacture, and assemble hardware and perform required testing, as well as MDS test activities such as support launch vehicle integration, launch execution and pre-/post-flight activities. The development and delivery is based on the IMTP 24.1 Best Estimated Test Dates, with the first two units being accelerated, scheduled to occur in 3QFY2026 and the second in

4QFY2026.

Approved for Public Release 23-MDA-11430 (14 Apr 23)

The contract value for this procurement was estimated to be for the above requirements and services throughout the period of performance of this effort, approximately 30 months, up to the completion of the five

MBRV-11 missions per IMTP 24.1.

5. Statutory Authority Permitting Other than Full and Open Competition (FAR

6.303- 2(b)(4)).

The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1(a)(2)(iii), only one responsible source and no other supplies or services will satisfy agency requirements.

6. Demonstration of Contractor’s Unique Qualifications or the Nature of the

Acquisition Requires use of the Authority Cited (FAR 6.303-2(b)(5)).

NGSC is the only contractor with a low risk design approach that can meet the MBRV-11 requirements without unacceptable delays in fulfilling the agency’s requirement.

Next Generation Interceptor (NGI) is the replacement for the current Ground Based Interceptor

Inventory. The Government is developing the NGI in an expedited manner to counter evolving missile threats around the world. The MBRV-11 is needed to test the NGI. Per

IMTP 23.1, the BETD for the first MBRV-11 mission was 2QFY2027. However, the MDA requested TC work towards a target availability date of 3QFY2026 in order to support acceleration of the NGI flight test program. IMTP 24.1 reflects the updated BETD of 3QFY2026. With acquisition and development timelines, modification of an existing

MBRV is the only known method of developing MBRV-11 by the required need date.

NGSC’s MBRV-11 development approach involves the modification of the current MBRV and utilize approximately 80% of the existing design. This approach leverages common components and architectures, with significant reuse of the existing T4 Subscale Front End

(FE) design as well as use of previous kit design efforts performed under the Intermediate

Range Ballistic Missile/ Intercontinental Ballistic Missile (IRBM/ICBM) Contract. The T4

Subscale FE design successfully completed Critical Design Review (CDR) and is currently in production. The associated kit design completed an Integrated Baseline Review, internal

Architecture Review, and Systems Requirements Review. The previous design activities under the T4 Subscale and IRBM/ICBM Contracts provide existing architectures, detailed analyses, lessons learned, and cost/schedule savings opportunities to apply towards development of the MBRV-11.

7. Description of Market Research Conducted (FAR 6.303-2(b)(6), (8) and (10)).

Market research was conducted through a combined Request for Information and Notice of

Intent (RFI/NOI). The RFI/NOI was published in SAM.gov on June 13, 2022, with a response due date of July 13, 2022. Three responses were received from industry.

All three companies were found to have some risk; however, two companies were found to have

Moderate to High Risk approaches based on the amended market research report, dated March

14, 2023. NGSC has the technical capability, and can meet the Government delivery and BETD need dates, all while having Low Risk in most areas. However, the cost estimate is High Risk.

The second company is technically capable of performing the requirements. However, their technical approach created a Moderate Risk. This company also had a High Risk for schedule and meeting the Government need date. Lastly, its cost risk is Moderate. The third company demonstrated that they have some technical capability, but the technical approach is High Risk.

This company’s schedule was also High Risk and unlikely to meet the Government’s need date.

This company’s cost risk is also High.

The market research found that NGSC is the only responsible source able to fill the Agency’s requirements without undue delay to the mission as discussed in Section 6 above

8. Determination of Fair and Reasonable Cost (FAR 6.303-2(b)(7)).

In accordance with FAR 15.402, the Procuring Contracting Officer (PCO) shall ensure that all supplies and services ordered under the T4 Subscale Contract are acquired at a fair and reasonable price. NGSC will submit a formal proposal addressing all requirements within the

Request for Proposal. TCS will conduct a thorough evaluation of NGSC’s proposed cost/price and technical approach for this MBRV-11 effort. Certified cost or pricing data and sufficient information to support accuracy and reliability of the estimate shall be required in the proposal.

NGSC’s proposal will be reviewed by experienced technical analysts and contracting personnel with the assistance of necessary field pricing support from Defense Contract Management

Agency (DCMA) and Defense Contract Audit Agency (DCAA). The cost and price analyses will concentrate on completeness, realism, reasonableness, allowability, and allocability. Rates and factors will be verified through the DCMA and DCAA activities, as well as any unusual or proposed deviations from NGSC’s approved Disclosure Statement and standard accounting practices. To the maximum extent possible, historical data from TC Contracts will be used as part of the analyses. The PCO will utilize a combination of the cost and price analyses and the technical evaluation, as well as the certified Independent Government Cost Estimate as the basis for negotiating a fair and reasonable price.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition (FAR

Part 6.303-2(b)(9)).

A Full and Open Competition would require a longer acquisition timeframe, potentially 18 months, which includes acquisition strategy coordination/approval, request for proposal development, proposal receipt, technical evaluations, and approval for award. This would delay the start of the development process and would prevent meeting the Government’s MBRV-11 delivery and BETD need dates in support of the MDS test program.

18. Approval (FAR 6.304).

In accordance with FAR Part 6.304, the above justification for other than full and open competition is hereby approved.

J. A. Hill

Vice Admiral, USN

Director

March 30, 2023