Redacted_CJ A_13-23356.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR 8YSI'BI8 COIIIMIID

RADIIWI.LIAMA. MOFFET 8UI.DING

47123 BUIE ROAD, BLDG 22l2

PATUXENI' RNER, MARYLAIID ..,._11147

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activitv.

Naval Air Systems Command (NA VAIR) Headquarters

2. DescriPtion of the Action Being APproved.

IN REPI. Y REFER TO:

C)'&.\_13...,23356

This Class Justification and Approval (CJ&A} authorizes and approves the issuance of orders against the Northrop Grumman Systems Corporation Corporate Basic Ordering Agreement (BOA) N00019-1 0-G-0004, hereafter referred to as the Northrop Grumman Corporate BOA. Orders will be placed on a sole source basis with Northrop Grumman Systems Corporation (NGSC), for procurement of AN/AAQ-24(V) Directional Infrared Countermeasures (DIRCM) support and Radar Wamlng Receiver (RWR) support for the V-22 program. Authority to award orders pursuant to this CJ&A commences upon CJ&A approval and expires on 16 May 2015 when the Northrop Grumman Corporate BOA expires.

3. Descriction of Sucpljes[Services.

This CJ&A pennits award of engineering, technical and software support, logistics support, and Test and Evaluation (T&E) support of fiekJed DIRCM systems installed on V-22 aircraft. Support will be for DIRCM engineering efforts of initially-fielded DIRCM systems. This Includes, but is not limited to the following:

integration support to Bei~Boeing and NAVAIR PMA-275 for maintaining DIRCM on V-22 aircraft, engineering and test support for DIRCM software, and sustainment engineering support for the existing V· 22 configuration of new line ~eplaceable units (LRUs).

Additionally, this CJ&A permits award of support for Radar Waming Receiver (e.g. APR-39C(v)2 and APR- 39D(v)2) integration, engineering, software, and test support for V-22 aircraft. Support Will be for RWR engineering efforts of initially-fielded .RWR systems. This includes, but Is not limited to the following:

integration support to BeD-Boeing and NAVAIR PMA-275 for maintaining RWR onV-22 aircraft, engineering and test support for RWR software, and sustainment engineering support for the existing V-22 configuration of new line replaceable units {LRUs).

See Appendix A for Estimated Dollar Value

4. Statutory Authority Pennitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authoritv.

' I

CJ&A_13_23356

Northrop Grumman owns the technical data package, which they use as specific guidance in the manufacture, test, Integration, and installation of the DIRCM system, the Radar Warning Receiver, and their complex software. The technical data of both sys~ms is proprietary and resides with Northrop Grumman •. As such, Northrop Grumman is the only source that possesses all the comprehensive data of these systems, their integration on the airuraft, and their installation. The Government did not procure the technical data packages; therefore, the Government's limited technical data package does not document their proprietary design processes, which would be required to allow another contractor to produce functional and compfiant systems or to proper1y navigate the complex and multi-faceted software integral to either system's performance. The Govemmenfs technical database is incomplete and inadequate to allow any other party to perform this effort.

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

In accordance with FAR 5.201, orders will be Individually synopsized on the FedBizOps website. The Contracting Officer will evaluate any responses received prior to award of each order. Additionally, parties Interested In subcontracting opportunities will be referred to Northrop Grumman to maximize competition in subcontracting efforts. For the reasons set forth in paragraphs 4 and 5 above, a market survey was not performed.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402{a), the Contracting Officer must ensure that all supplies and support are procured at a fair and reasonable price. Analysis of the proposal will be performed by techr'lical analysts and the contract specialist with the assistance of DCMA analysts and DCAA auditors as needed. The Contracting Officer will analyze the various cost elements that are presented In the proposals and review the actual costs from previous procurements. The Procuring Contracting Officer (PCO) will use Government eXpertise, including DCMA, DCAA, the PMA, and other Government resources, to evaluate the proposed material, labor and subcontract positions. The PCO will utilize a detailed report developed as part of the Government evaluation to establish a NAVAIR position. While there is not currentiy a rate agreement in place between Northrop Grumman and DCMA for the timeframe covered under this BOA's ordering period, the PCO will work with oCMA and DCAA to establish a rate position, to include escalation, for negotiation of each contract action under this BOA. The PCO will utilize cost and price analysis as the basis for negotiating a fair and reasonable price for the supplies/support covered by this CJ&A.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, NAVAIR has no plans at this time to compete contracts for the V· 22 efforts contemplated under this BOA. The original manufacturer, Northrop Grumman, is uniquely qualified to support the V-22 DIRCM system and the Radar Warning Receiver. However, If another potential souree emerges, NAVAIR will assess whether competition for future requirements is feasible.

lpUitnOlfl UI8011A JIIIO(J PIJIWIJS3

"f/Xfpueddy

CERTIFICATIONS AND APPROVAL

TECHNICALIREQUIREMENTS CERTIFICATION

. CJ&A_;,13...;.23368

I certify that the facls and Rtpr8B8I1tallon under my c:ogn .. which n included In this JuaUflaatlon and .JIB IUDDDI'IhJ aCcpalllon pining dOcuments, excePt as naiad herein, 818 complete and accurata ID the belief.

LEGAL SUFFICIENCY REVIEW

Associate CDUnsal, V·22 Oapray

· NAVAIR otllce of Counsel (AIR-1 t1)

CONTRACTING OFFICER CERTIFICATION

accurate.and complete to the best of my knowledge and belief.

-----~ =-----Date V-22 Conlrdng Ofllcer, 1\trt""'·"·"

APPROVED

Upon the basis of the above justification, I hereby appmve the soBcltatlon.of the PfOpOaed procuranart(a) deecltbld hanin using other than ful and opei1 competition, purau.Utq 118 authority of10 U.S.C.

2304(c)(1), Only one "'YY'*" souroe and no othir supple$ or sarvk:es wiD sallsfy agency

--.. . [)abe Special Missions Programs