MQ-9 Reaper Procurement JA_Amendment 1_Redacted.pdf

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DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFETT BUILDING IN REPLY REFER TO

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547 CJ&A: 20-0183

AMENDMENT 01

CLASS JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

The purpose of this amendment is to convert Justification and Approval (J&A) 20-0040 to Class Justification and Approval (CJ&A) 20-0183. This amendment revises the MQ-9 procurement approach originally planned as one action, to instead support award through multiple contracting actions. Additionally, the quantity of air vehicles to be procured has been reduced from three (3) to two (2). Paragraphs 2, 3, 5 and 6 are replaced in their entirety. Except for the amendments herein, the rationale for other than full and open competition remains unchanged and in full force and effect.

2. Description of the Action Being Approved.

This CJ&A authorizes and approves the issuance of contract actions on a sole source basis to General Atomics - Aeronautical Systems, Inc. (GA-ASI), Poway, CA, for the procurement of two (2) Group 5 Unmanned Air System (UAS) air vehicles (MQ-9A Reapers), one (1) Dual Control Mobile Ground Control Station (DCMGCS), one (1) Modular Data Center (MDC), one (1) Mobile Ground Control Station (MGCS), and the procurement of additional associated equipment. Authority to act under this CJ&A expires on 30 September 2021.

3. Description of Supplies/Services.

This CJ&A authorizes and approves the issuance of contract actions necessary to provide the United States Marine Corps (USMC) with the capabilities requested in Universal Urgent Needs Statement (UUNS) #17221UC. The supplies and services anticipated to be acquired under the anticipated contract actions are as follows:

Procurement of two (2) MQ-9A Reaper UAS air vehicles and associated ground based components to include one (1) DCMGCS, one (1) MDC, and one (1) MGCS currently operated by GA-ASI under NAVAIR’s Group 5 UAS Contractor- Owned / Contractor- Operated (COCO) Intelligence, Surveillance, and Reconnaissance (ISR) Services contract. The air vehicles will be configured and delivered with the mission kits necessary to meet the Persistent Strike requirement established by UUNS #17221UC.

Procurement of additional required equipment necessary for the successful operation and support of two (2) MQ-9A Reaper UAS air vehicles and the ground based components.

The total estimated dollar value of the contract actions under this CJ&A is :

(b) (4)

5. Rationale Justifying Use of Cited Statutory Authority.

The USMC has an urgent requirement established in UUNS #17221UC, for an organic, 24/7 capable, Group 5 UAS for ISR and Persistent Strike efforts for the United States Central Command (CENTCOM) in support of Outside Continental U.S. (OCONUS) USMC Combat Ground Elements. In order to meet the requirement established in UUNS #17221UC, the USMC will need to procure two (2) MQ-9A Reaper UAS air vehicles utilizing the following approach.

GA-ASI is currently providing and operating two (2) MQ-9A Reaper UAS air vehicles, as well as the necessary support systems in the CENTCOM Area of Operations (AO) in support of Overseas Contingency Operations (OCO) via a COCO approach. However, the COCO approach does not satisfy the Persistent Strike efforts established in UUNS #17221UC due to the law of armed conflict. The law of armed conflict specifically states that contractor air vehicles and personnel will not engage in the release of ordnance or active targeting. In order to address this requirement, the USMC will procure the two (2) MQ-9A Reaper UAS air vehicles, the DCMGCS, MDC, and MGCS currently provided and operated by GA-ASI under NAVAIR’s Group 5 COCO UAS ISR Services Contract.

Additionally, the USMC will procure any additional associated equipment necessary for successful operation of theMQ-9A UAS Reaper air vehicles and ground based components. The procurement of two (2) MQ- 9A Reaper UAS air vehicles will be of the same configuration and delivered with the necessary mission kits installed to successfully perform the ISR and Persistent Strike efforts established in UUNS #17221UC. GA-ASI is the only responsible source that can accomplish this task without unacceptable delays.

The MQ-9A Reaper UAS air vehicles, the ground based components, and the additional equipment are of the same Block 5 configuration that the United States Air Force (USAF) currently operates in-theater and possess high resolution radar, multi-spectral imaging sensors, Line-of- Sight (LOS) and Beyond Line-Of- Sight (BLOS) communication, and utilize the same USAF owned Remote Split Operations (RSO) communications architecture for Continental United States (CONUS) and OCONUS operations.

Only a GA-ASI provided, and flight certified, MQ-9A UAS air vehicle with its ground components and associated equipment can integrate seamlessly at the deployed location thus ensuring the following: a) certified interoperability with existing classified communications systems (both USAF and USMC ground force communication exchanges), b) spectrum compliance with other MQ-9A ongoing operations, c) compliance with Joint Production, Exploitation, and Dissemination (JPED) toolsets already being used with MQ-9A for multi-organization analysis, d) compliance with base infrastructure optimized for MQ- 9A operations, e) have two (2) MQ-9A Reaper UAS air vehicles available for immediate procurement, f) have existing DoD flight clearance in place for CONUS/OCONUS operations, and g) be able to meet the timeline needed to ensure there is no break in operations. Internal Program Office analysis has estimated that it would take a minimum of thirty-six (36) months in the current business environment to develop a second source. This analysis is based on the procurement of Air Vehicles (twelve (12) months), Development and Software integration for the USAF Remote Site Operation (twelve (12) months), Air Vehicle Airworthiness Certification and Authorization to Operate for new Air Vehicles (eighteen (18) months), Tempest requirements (seven (7) months), Cyber Security Certification (five (5) months) and OCONUS air lift and life support (four (4) months). Some of the above tasks can be worked simultaneously and will take at least thirty-six (36) months to accomplish. If there were a second source possessing the required air vehicles, based on the above analysis, the Internal Program Office anticipates the above timeline of thirty-six (36) months would be reduced by twelve (12) months for an anticipated timeline of twenty-four (24) months.

Given the constraints specified in a) through g) above, GA-ASI is the only responsible source that can

10 U.S.C. §130 provide the necessary Group 5 UAS air vehicles, ground based components, and additional associated equipment to the Government in a timely manner that would not create unacceptable delays in fulfilling the /USMC requirements.

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

Requests for Information (RFI) / Sources Sought (SS) requirements pursuant to DFARS PGI 206.302-1(d) have been waived per SER 2.4.2.1/24-19-009. In accordance with FAR 5.201, a presolicitation synopsis was posted to the Federal Business Opportunities (FBO) website on 15 August 2019. No responses were received. Due to a change in procurement strategy, a revised presolicitation synopsis was posted to the FBO website on 03 September 2019 which covers all of the procurement actions addressed in Paragraph 3 of this CJ&A. No responses were received.

U.S.C . §130