J&A6_302_1.pdf

C3- Confra~tirra Activitv;

Naval A ~ F Systms Command Naval Air Sy&tams Command He~dquaders Aircrstt Support Contract~ Dmament (b!R 2.4.4.9) 47 1 23 Buse Road, Bfdg 2272 Patuxeni River, MD 2067(511547 PDC:Robert Muretta ~ e l w

S;E,4, Svnap~is;, Was a ~~r?siPs.de8cribin~ t ~ c t i o n S s 1 ~ e d I?

If Yes, Tha synopsis was pasted Whbhcampanl~s rtsspQn Desorhe action(@) terkm

Any future respon~es to the synapsis will b@ euafwiated by the contracting afficer psis was not rebased b@~aus@:

Each action will be s;yno)3sizc3sd JnrdEvSduelly Of an Unusual and Coa?ipdlEng UQency undar FAR 6.302-2 is the result of tan Int~rn~tional agrmmnt.

C5, Dzr;ta,min;ati'~~~n qff Fait aflntl&@ason?ble Cod / F?r& In Accodance with flAW) FAA 8.303-2 (a) (71, t b PC0 will take the following!

action(&) to BfiSUrk3 C o ~ t / PPrice reatsonablsnesss..

Obtah Field/ DCAA Audits Obtain @affik?rd Cost and Pricing Data Utilize Independent Gavarnment Estimate Utillse Hlststorbal Data Ccmdwct Price s IAW FAR 15.404-1 Other, explain:

i w h n k : ~ m e n t ~ $&A Numbst HARM 8ust8hVbent !D!Q 1

Pkase fill in all 0.S f h ~ required details b&w.

Aoqulsition Name: WARM Sust;erlnrn.eni: 1tXQ u e c h t l i c d Point of Contact: Jshnnsv Kdn

T3, Cq@aly d8scrib.e the na$.ura of this acauE;sitQn: ThL J&A wH1 mvar o m bsree a d fmr option yieekra, The contractor will bb r@q~slrsd tcr repair, rndify, oatibmtax test* cs&y and/ar evaluate HARM mlsailerrss, milssEEe sec*mrss, saimmbtSrus, h u h ~ m M i m d ~ a d w~xilated wui~cant mb provide retatad t~9~hnlcak dab f l ~ r M U,$, Navyf Air ~ M ? E B md RMSi crast~meas. DdOvary requlrmen'ts will be elitaMtsW-a~ wrn In.dlvldwal order bale* A rsbwii~)w of fhs raquri awarding an order c;

(wPN);A~~ Force (AF); and FweEgn MMsry Saiw ( F M B ~ -

T5., This JU,,.wor~v-@ f a l l ~ w i n ~ a d i o n l g ) ; (~~rdlfl~s'td with PC@

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Glass of actions. A, It covsr8 actions throu New

~ S ~ a c i f i c a l i v #,he bebw sursalier; or sew& are cavered ,under hi$. &6Xif;l~&J0h linuludhq gwlionsS:

The quantities identified bslow arts estimated and may be adjusted to nRwt other &uch qarrrtilS.slls RS may b authorized and tapgmpietiad by Congnss. --."--"- .------"

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T7. Thi~muirernmt will be fwnded w-,-kllcwvln~ e ~ ~ r m @ a l o n s ( I S D D ~

I I I 1

Technical Documentation J&A Number 0 8 - 4 3 0 ~ HARM Sustainment IDlQ J&A Template: One Source v l F

WHO? Who Is the only source?

T8. Raytheon Missile Svstem Companv, 1151 East Herman Rd. Tucson, Arizona is the only source that can provide the above supplies or services and no other supplies or services will satisfy the program's requirements.

WHY is the source above the only one that can fulfill the requiremenf?

In accordance with Title 10 U.S.C 2304(c)(1) as cited in FAR 6.302-1, "0nJy one responsible source and no other supplies or services will satisfy agency requirements."

T9. Onlv the specified source can provide the above described supplies or services due to:

Insufficient Technical Data and / or Rishts The Government does not possess adequate data and 1 or the rights necessary to compet~tively award this requirement.

why the technical data is necessary for this acquisition:

Does the Government possess all the technical data required to competitively award this requirement? a Yes

If Yes, explain why the Government does not possess sufficient data rights for the competition of this requirement:

If Yes, could the necessary rights to the data be purchased?

hts could be purchased for an

This amount was determined by This amount is economically unfeasible due to

No, explain:

rn No I f No, explain why the Government does not posses sufficient technical data to competitively award this requirement.

If No, could the necessary technical data and rights be ~urchased?

Yes. the necessary Data and Rights could be purchased s determined by economically unf due to

Special Toolinq Only the referenced source has access to special tooling which is necessary to fulfill this requirement.

~echnical Documentation J & A Number 08-430C HARM Sustainment IDIQ J&A Template: One Source v l F n why the special tooling is necessary for this acquisition:

Could the necessary special tooling be purchased?

Yes, the nece ooling colild be purchased for an estimated

This amount was determined by ount is economically unf due to No, explain:

Substantla1 Duplication of cost (for follow-on actions only) The above source is deemed to be the only source available because an award to a source other than the origrnal provider would result in a substantial duplication of cost which would not be recovered through competition.

An estimated $ma worth of work would be duplicated Explain in detaif how this amount was determined

Unacceptable delav of work (for follow-on actions only) The above source is deemed to be the only source ava~lable because an award to a source other than the original provider would result in an unacceptable delay in fulfilling the Government's requirements.

Going to another source would create a delay of approxi Explain In detail how this delay estimate was determined Explain in detail how the Government would be unable to meet its requirements by this delay Describe the spec~fied source's ability to provide the needed supplies 1 services within the necessary timeframe.

Other Be specific and delineate why only the stated source can provide the above supplies or services. Award to any source other than the Raytheon Missile System Company is not possible because: 1) the Government does not possess a technical data package; 2) it would cause an unacceptable delay in work; and 3) it would result in a substantial duplication of cost. 1) Raytheon (Texas lnstruments -acquired by Raytheon in 2000) is the original designer, developer, and manufacturer of the HARM Weapon System and related components and equipment. While the Government does have unlimited rights in select parts of HARM technical data package, access to the complete technical data package is required to perform the efforts under this CJ&A and only Raytheon possesses a complete unencumbered technical data package. Raytheon is not willing to sell the Government rights in a complete technical data package. 2) Going to another source would result in a 24 to 36 month delay in performance. The delay time period is based on the historical data when Raytheon acquired the Texas lnstruments missile defense division and moved the depot repair for HARM from

J&A Number 08-430G HARM Sustainrnent IDIQ J&A Template: One Source vl F

Lewisville, TX to Tucson, AZ. The effort took roughly 36 months to complete. 3) Raytheon is the only source that has provided the HARM missile since the inception of the program and as such, Raytheon alone possesses the unique HARM expertise, facilities, specialized production/support equipment and highly skilled personnel relative to the AGM-88 HARM Weapon System that are necessary to meet these requirements. Due to this unique capability, there would be a substantial duplication of cost associated with award to another source. A cost analysis performed by DCMA Tucson provided the following estimated cost breakout. (1) New workforce training in HARM unique areas. This workforce includes:

Testers, engineers, touch labor, developing a support base, ystem, and developing a supplier base.

cost to move the GFE HARM ated cost for the qualification

J&A Number 08-430C HARM Sustainment IDIQ J&A Template: One Source v l F

HOW? 1 Background Further required information

If Yes, is the supporting acquisit~on planning document current?

re legal counsel has a copy of the latest document) es, it is current as of 28 Sept 2008 o, explain; '=@ es, is this J&A consistent with the content of the supporting acquisition planning document, including MOPAS?

No y is there not a planning document?

A supporting document is not requtred in accordance with 0 Other, explain;

T I 1. Market Research and I or Survey.

Performed

Describe the research and I or survey that was conducted:

@ Not Performed

No market research or survey was conducted due to: Award to any other source would result in a substantial duplication of costs and schedule delay. In addition, at this time, no other responsible source exists.

T 1 2. Follow-on Information: (Reauired for all actions)

3 Will this requirement be acquired again?

Yes

If Yes, what is being done to remove barriers to competition?

5 Nothing, explain: Removing the barriers to competition is not practicable given the aforementioned information concerning the increased costs and the time that would be necessary to develop another responsible source.

0 Actions such as, If Yes, Will it be competed in the future?

No, explain: Removing the barriers to competition is not practicable given the aforementioned information concerning the increased costs and the time that would be necessary to develop another responsible source. In addition, it is highly unlikely that an additional source will emerge without government intervention given the unique and limited market of sustaining this weapon system, the lack of technical data

J&A Number 0 8 - 4 3 0 ~ HARM Sustainment IDIQ J&A Template: One Source vl F and expertise, and proper market incentives to encourage the development of such a capacity.

Yes on No, this is a one time buy.

No, this a final buy.

_I Is this for a follow-on requirement?

IXj Yes

If Yes. Is the ~revious J&A attached?

Yes No, explain: