JA_FRIDIQ_III_Redacted_J&A.pdf

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IN REPLY REFER TO

CJ&A Number: 18-0165

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 Justification and Approval (J&A) authorizes and approves on a sole source basis the issuance of orders to Lockheed Martin Rotary and Mission Systems (LM RMS) for the efforts necessary to support the SH-60B Software Support Activities (SSA), MH-60R/S SSA, MH-

60R/S Production Software Support and Foreign Military Sales (FMS). Authority to act under this J&A expires on 31 October 2023. The anticipated contract type is Cost Plus Fixed Fee

(CPFF).

3. Description of Supplies/Services.

This acquisition is for the procurement of software support for upcoming H-60 System Software

Configurations, including the technical, management, and process support necessary to update and maintain H-60 Aircraft Operational Program (AOP) software, vendor software, maintenance-related software, laboratory support software, and Fleet Response Activity support services for the H-60 Software Support Activities effort. Specific acquisitions include:

- Ongoing H-60 AOP software updates, AOP algorithm software updates, white papers for

Technical Trade studies, implementation of minor software enhancements, corrections to specific fleet readiness related and other software problems and new software enhancements or studies that have an end product delivered to the Navy.

- MH-60R/S production, FMS and H-60B/F/H software support emerging requirements due to software/hardware obsolescence, Engineering Change Proposals (ECPs), changes to Government

Furnished Equipment/Government Furnished Information (GFE/GFI), or trainer Program

Trouble Reports (PTRs). These modifications may require re-testing or re-certification of H-60 software.

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFETT BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MD 20670-1547

4. Statutory Authority Permitting 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 Authority.

LM RMS developed the H-60 B/F/H Mission Avionics software and is the sole designer, developer and manufacturer of the MH-60R/S helicopter avionics suite, common cockpit and all subsequent changes and improvements therein to the production aircraft. The AOP is the software operating in the MH-60R/S mission computer, controls the operations, including the controls and displays of the helicopter, smart multi-functional displays (SMFD), Multi-Mode

Radar (MMR), Flight Management Program (FMP), and interfaces with the algorithms residing in Electronic Support Measures (ESM) software.

LM RMS developed at private expense portions of the AOP, FMP, MMR, and ESM software. In addition, LM RMS entirely developed the SMFD software and Mission Avionics system for the

SH-60B. Therefore the Government only has restricted data rights. In order to make the required changes to and integrate functionality of the Mission Avionics and Common Cockpit software, both access to and the authority for the Government to use LM RMS data in a competitive basis are required. LM RMS proprietary data is not for sale and a Government license to use, the software integral to the proper and timely accomplishment of the required software support does not exist. LM RMS is the only source with the requisite skilled personnel, test equipment, laboratory facilities and proprietary data to perform the required in-depth engineering and programmatic support to design, develop and incorporate avionics efforts onto the H-60 platform.

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

A sources sought was posted as a special notice on FedBizOpps under FAR 5.205(c) on 16

October 2017; one response was received. VuTek, Inc. provided a Capability Statement that was reviewed by the Government. Based on NAVAIR’s requirements, it was determined that VuTek, Inc. is incapable of meeting these requirements. NAVAIR provided a response via email on 1

November 2017 to VuTeck, Inc. informing them that their Capability Statement does not meet the requirement. VuTek, Inc. has not provided a response to date.

As required by FAR 5.201, a synopsis of the Indefinite Delivery/Indefinite Quantity (IDIQ) contract supported under this J&A was published in FedBizOpps on 5 December 2017 to 20

December 2017, and to date no responses have been received. Any responses received will be evaluated by the Contracting Officer prior to award.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and support provided under this contract are procured at a fair and reasonable price. An analysis of the Contractor’s proposal will be performed by technical analysts and Contract Specialists with the assistance of DCMA and DCAA auditors as needed. The Contracting Officer will analyze the various cost elements that are presented in proposals, as well as review the actuals from previous procurements, if applicable. The Contracting Officer will use Government expertise, including DCMA, DCAA, the PMA, and other Government resources, to evaluate the proposal’s material, labor, and subcontract positions. A detailed report developed as part of the

Government evaluation will be utilized to establish a NAVAIR position. If a rate agreement is not in place between LM RMS 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 price for the supplies/support covered by this J&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 types of supplies/services covered by this J&A. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.

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

Requirements Cognizance:

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.

Signature Name (Printed) Phone No. Date

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), Only one responsible source and no other supplies or services will satisfy agency requirements.

Date Director for ASW, Assault and Special Mission Programs Contracts, AIR- 2.3