CJA_16_0004_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

IN REPLY REFER TO:

CJ&A_16-0004

CLASS 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.

This Class Justification and Approval (CJ&A) approves and authorizes the placement of orders on a sole source basis under Basic Ordering Agreement (BOA), with Orbital Science Corporation (OSC), in Chandler, Arizona for support of the GQM-163A Coyote Supersonic Sea Skimming Target (SSST) program. This Class Justification and Authorization (CJ&A) shall be valid for (5) years from authorization. The funding type is . The supplies and services to be procured under this BOA include: engineering and logistics technical studies, investigations and support; procurement of repair parts, material, spare repairables, technical data and support equipment; field support to analyze system performance; participation in demonstrations and SSST working groups and repair of deliverables.

The authorized BOA Orders may be placed either on a Firm Fixed Price or Cost Plus Fixed Fee basis depending on the scope of the requirement. Authority to act under this CJ&A will expire five years from date of contract award.

3. Description of Supplies/Services.

These procurements may include supplies, services and associated data necessary, to include but not limit to: (1) perform and provide engineering investigations related to fielded GQM-163A Targets; (2) perform and provide engineering investigations, analyses, and studies in support of GQM-163A Targets; (3) perform training in support of GQM-163A activities; (4) provide programmatic, engineering and logistics technical support for the fielded GQM- 163A Targets; (5) support preparation of Engineering Change Proposals (ECP) and their incorporation in support of fielded GQM-163A Targets; (6) repair of repairables; and (7) procure GQM-163A target hardware, including target modification kits, mission installation kits, consumables, and repair parts; (8) provide the necessary technical, financial and administrative data in support of the contracted efforts. The total estimated CJ&A value is as set forth in the table below. Funding adjustments to the table below shall not necessitate an update to this Memorandum nor shall increases to funds or quantities as a result of supplemental authorizations by Congress.

Estimated Dollar Value in Thousands

FY16 FY17 FY18 FY19 FY20 Totals

Total

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

The statutory authority permitting other than full and open competition is Title 10 U.S.C.2304(c)(1), which states that only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

OSC is the sole designer, developer and manufacturer of the GQM-163A SSSTs. As the sole integrator of their systems, OSC is the only Contractor with the requisite knowledge, proprietary rights, experience, and technical data that can meet the Government's requirements for the GQM-163A SSST systems. The Government does not have sufficient data rights to use a Technical Data Package (TDP) in support of a competitive acquisition of supplies and services to support the fielded targets. To purchase a completed TDP would be cost prohibitive and result in duplicate development and start up efforts that would delay delivery and would adversely affect fleet operations.

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

No market research particular to these procurements was conducted because it is not practicable, for the reasons described in Paragraph (5) for any source other than OSC to provide the required supplies and services. In accordance with FAR 5.201(b)(1), each Order will be synopsized prior to issuance of a Request for Proposal (RFP).

Any responses to synopsis will be evaluated by the Contracting Officer prior to award.

A class waiver of DFARS PGI 206.302-1 Request for Information/Sources Sought Requirement was approved on 04 September 2015.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.404-1, the Procuring Contracting Officer (PCO) will determine that the procured supplies and services authorized under this CJ&A is from a responsible source at a fair and reasonable price. The negotiated action will be conducted in accordance with FAR Subpart 15.4 by the PCO, with support, as needed, from Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA) personnel to ensure that fair and reasonable prices are established. In order to support the PCO’s determination, the Contractor will be required to substantiate its proposed cost or price by providing varying types of cost or pricing information as defined under FAR Subpart 15.4. Historical Data, Field Audits, independent technical evaluations, and cost/price analysis will be used, as required, to obtain fair and reasonable prices.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, NAVAIR has no plan to compete for the GQM-163A types of supplies and services covered by this document. If other potential sources emerge, NAVAIR will assess whether competition for future requirements are feasible.

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

Signature Name (Printed) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

APPROVED

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

Signature Department Head, SES Date