CJ&A_12_22856_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 206711-1547

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Description of the Action Being Approved.

IN REPlY REFER TO:

CJ&A_12_22856

This Class Justification and Approval (CJ&A) authorizes and approves the issuance of orders against Basic Ordering Agreement (BOA) N00019-13-G-0017. Orders will be placed on a sole source basis with L- 3 Communications for the procurement of supplies and services in support of the Common Data Link (CDL) Hawklink system. This acquisition encompasses Recurring and Non-Recurring Engineering, Logistics, Maintenance Assist Modules (MAMs), and Foreign Military Sales (FMS) support. This CJ&A will permit the award of contractual actions with funding covering FY13-FY17. Authority to act under this CJ&A expires 30 September 2017.

3. Description of Supplies/Services.

Actions in support of ongoing CDL Hawklink production and reliability/sustainability improvements authorized by this CJ&A in"clude the following:

a. Support of various trade studies, engineering analyses and Engineering Investigations (Eis), including reliability improvements, sustainment cost reductions, safety improvements, and investigate emergent technical or safety issues for CDL Hawklink production, and shipboard systems integration, installation and operational use;

b. Development and implementation of Engineering Change Proposals (ECPs) for upgrades to reduce production cost, reduce sustainment cost, and/or improve performance. These efforts may include, but are not limited to, retrofit of Hawklink systems, associated production assessmentsnife cycle analysis, non recurring engineering, systems engineering, integrated logistics support, production support, validation and verification of changes, development, validation and verification of technical publications, manuals, changes, directives, associated logistics impacts, testing of retrofit safety and test equipment changes, and related software efforts;

c. Integration of CDL Hawklink systems into the H-60 aircraft and Ticonderoga class Guided Missile Cruisers (CGs) and Arleigh Burke class Guided Missile Destroyer (DOGs) ships, hardware upgrades required to implement software updates, and development, testing, and documentation to include Problem and Software Trouble Reports (PTRs, STRs);

CJ&A_12_22856

d. Integrated Logistics Support (ILS) for Hawklink system, including fabrication, assembly, and installation.

ILS efforts may include, but are not limited to: procurement of source data to support logistic products;

development and validation of Technical Directives (TDs); training required for the safe operational use of COL Hawklink systems or use and integration of subsystems; procurement of interim spares; procurement of updates to Interactive Electronic Technical Manuals (IETMs), provisioning parts list (PPL), engineering data for provisioning (EDFP), interim support items list (ISIL), packaging, handling, storage, and transportation (PHS&T), obsolescence reports, bill of material (BOM), or technical publications;

procurement of Maintenance Assist Modules (MAMs) for troubleshooting of shipboard COL Hawklink systems; Field Service Teams to assist with problem diagnosis, repairs, modification and/or upgrade of the COL Hawklink system on Ticonderoga class CGs and Arleigh Burke class DOGs ships;

e. Associated support for COL Hawklink st.~stainment planning, including technical data acquisition necessary to manufacture repair parts during the sustainment phase. Sustainment ILS and Engineering planning and execution service procurement; and

f. FMS requirements including but not limited to Engineering Technical Services and ILS for FMS customers, development and manufacture of Hawklink support equipment, modifications to COL Hawklink software, hardware, or support equipment, Field Service Teams to assist with in country repairs, and Continental United States (CONUS) system repair and/or replacement.

Quantity and delivery requirements will be established in each order. The estimated total value of orders placed against the COL Hawklink Program BOA is $39.7 M to be funded by the appropriations set forth below.

See Appendix A for Estimated Dollar Value

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

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1, "Only one responsible source and no other supplies or services will satisfy agency requirements."

5. Rationale Justifying Use of Cited Statutory Authority.

The procurement of the specific types of engineering and logistic efforts outlined in this CJ&A supports a specific configuration of AN/ARQ-59 and AN/SRQ-4 COL Hawklink systems manufactured by L-3 Communications requiring access to and use of technical data and computer software proprietary to L-3 Communications. L-3 Communications developed the CDL Hawklink system and was awarded an initial (3-year) and follow-on (5-year) ,contract for production, each solicited under full and open competition. L-3 is the sole designer, developer, and manufacturer of this procured system. The Government does not possess an adequate technical data and computer software data package, or the data rights, necessary to support full and open competition of this support requirement. L-3 has indicated the requisite data is not for sale, rendering L-3 the only source with the knowledge and experience required to support L-3 COL Hawklink system engineering changes, system updates and improvements, repairs, and other engineering and logistic requirements defined by this CJ&A.

CJ&A_12_22856

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

The intention to award the BOA was synopsized on 19 March 2013 and, in addition~ as required by FAR 5.201, a synopsis of each effort to be procured and supported under this CJ&A will be published on the FedBizOpps website. Any responses received will be evaluated by the Contracting Officer prior to award.

Additionally, parties interested in subcontracting opportunities will be referred to L-3 to maximize competition in subcontracted efforts. For the reasons noted in paragraphs 4 and 5 above, NAVAIR has not performed a formal market survey.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services are procured from responsible sources at fair and reasonable prices. In accordance with FAR 15.403, the Contracting Officer will require the submission of Certified Cost or Pricing Data when required, unless a waiver is obtained. An analysis of the contractor's proposals will be performed by technical analysts and contract specialists, with assistance of DCMA analysts and DCAA auditors, as needed. The Contracting Officer will analyze the various cost elements that are presented in proposals, as well as review historical cost data, if applicable. The Contracting Officer will use Government expertise, including DCMA, DCAA, the PMA, and other Government resources, to evaluate the proposal material, labor, and subcontract positions. A detailed report developed as part of the Government evaluation will be utilized to establish a Navy position. If a rate agreement is not in place between L-3 and DCMA at the time of proposal evaluation, the Contracting Officer will work with DCMA and DCAA to establish a rate position, to include escalation, for negotiation of the contract action. As discussed in this paragraph, the Contracting Officer will use cost and price analysis as the basis for negotiating a fair and reasonable cost for the supplies and services covered by this CJ&A.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, NAVAIR has no plan at this time to compete future contracts for the support of current COL production. If another potential source emerges, NAVAIR will assess capabilities and determine the feasibility for competition.