MSMA Magnetometer IDIQ CJA 23-117 07-27-2023 FINAL REDACTED.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER, AIRCRAFT DIVISION

21983 BUNDY ROAD, BLDG. 441

PATUXENT RIVER, MARYLAND 20670-1547

̀ CJ&A 23-0117

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

Naval Air Warfare Center Aircraft Division (NAWCAD) Patuxent River, MD

2. Description of the Action Being Approved

This Class Justification and Approval (CJ&A) authorizes and approves the issuance of orders to procure Magnetometers on a sole-source basis under an Indefinite Delivery Indefinite Quantity (IDIQ) Contract to Ontic Engineering and Manufacturing UK Limited (ONTIC), Cleeve Business Park, Bishops Cleeve Cheltenham Gloucestershire GL52 8TW United Kingdom. This CJ&A will also support future modifications to the IDIQ to add technical and logistics support, if required by the Government. Authority to act under this class justification expires on 31 December 2028.

3. Description of Supplies/Services

The Magnetometer is a single Commercial-Off-The Shelf (COTS) Weapon Replaceable Assembly (WRA) that provides aircraft magnetic heading information to the Common Electronic Standby Indicator (CESI). The estimated procurement quantity is 202 Magnetometers, P/N NDN10904-01, over a five-year ordering period in support of multiple Navy and Marine Corps aircraft, including, but not limited to: C-2A; E-2C; TE-2C; C130; CH- 53K; FMS CH-53K; MV-22B; and the V-22. This is part of the Communication Navigation Surveillance/Air Traffic Management (CNS/ATM) cockpit upgrade. Future contract actions may include technical and logistics support elements, including engineering investigations;

hardware and software problem reporting; troubleshooting; and repair of WRAs.

Estimated Dollar Value in Thousands

Appropriation

FY23-FY29

Total

Procurement

FMS

RDTE

OMN

OCF

Total $5,508

CJ&A 23-0117

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

GE Aviation Systems is the Original Equipment Manufacturer (OEM) for the Magnetometer.

GE Aviation systems and ONTIC reached an agreement in which GE has transitioned the manufacturing of the Magnetometer and other legacy avionics equipment to ONTIC.

Accordingly, ONTIC is the only company with the knowledge, expertise, required equipment, including the associated technical data and data rights, necessary to meet the Government's requirement, including providing technical and logistics support. In addition, the Government does not possess any technical data to compete the requirement, as the WRA to be procured is a COTS product, which was developed by GE Aviation Systems for commercial applications.

Additionally, in accordance with FAR 6.301-1(a)(2)(ii)(A), the Non-Recurring Engineering (NRE) expenses to make any necessary changes and qualify a new Magnetometer is estimated to be approximately $3.9M, a substantial duplication of cost to the Government that is not expected to be recovered through competition. Therefore, ONTIC is the only responsible source and no other supplies or services will satisfy agency requirements.

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

The Government issued a sources sought on SAM.gov on 01 March 2023 to determine if additional sources were capable of satisfying the Magnetometers, and technical and logistics support requirements. The Government received one response from Global Aviation Technologies, which was evaluated based on the criteria established in the sources sought.

Global Aviation Technologies was determined not capable since they were only qualified to install a COTS Magnetometer, not produce them. Subsequently, the Government synopsized this effort on SAM.gov on 17 May 2023 and no responses were received. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than ONTIC to provide the required supplies and services.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined 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, NAWCAD has no plans at this time to compete future contracts for the types of supplies/support covered by this document. However, the Government will continue to conduct strategic market research via the internet, SAM.gov, and interfacing with subject matter experts. If another potential source emerges, NAWCAD will assess whether competition for future requirements is feasible at that time.

As this is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior CJ&A was provided to the approval authority for review. Approval for this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(S-70)(ii).

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

LEVIN.MICHELLE.R.127270608

MICHELLE LEVIN

Digitally signed by

LEVIN.MICHELLE.R.1272706081

Date: 2023.07.18 09:11:45 -04'00'

MAPS/SENSORS Integrated Program Team Lead

Requirements Cognizance:

HAIR.JARROD.STEPHEN.1164

698862

J. S. HAIR, CAPT, USN

Program Manager PMA209

LEGAL SUFFICIENCY REVIEW

HAIR.JARROD.STEPHEN.1164698862

Date: 2023.07.18 14:50:38 -04'00'

I have determined this Justification is legally sufficient.

JARVIS.BRIDGET.ANN.100858

BRIDGET JARVIS

Digitally signed by

JARVIS.BRIDGET.ANN.1008589654

Date: 2023.07.18 15:39:49 -04'00'

Attorney, Office of the General Counsel Naval Air Systems Command

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

BOKA.LINDSEY.A.1160089918

LINDSEY BOKA

Procuring Contracting Officer NAWCAD Procurement Group

BOKA.LINDSEY.A.1160089918

Date: 2023.07.19 09:47:09 -04'00'

APPROVAL

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurements described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 3204(a)(1), FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

JEFFREY J. GUARNERO

Procuring Activity Competition Advocate (PACA) NAWCAD Procurement Group Lead