J and A Redacted.pdf

CUI

J&A No. 23-0025

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

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with FAR 6.302-1(a)(2)(ii), the Government has determined that supplies and services meeting the Government�s requirements are available from only one source because it is likely that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. BAE Systems is the sole designer, developer, and manufacturer/supplier of the APKWS II and is the only contractor with the knowledge, experience, technical data, and computer software necessary to meet the Government�s requirements. On 12 August 2022, BAE Systems confirmed to the Government that it will not sell the technical data package/data rights for all subsystems that make up the Guidance Section. Without this data package, no other source can provide the APKWS II.

The Government estimates that procuring an alternative to the APKWS II via competition would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition. The NAVAIR Acquisition Cost Estimating and Analysis office estimates that the Government would expend approximately $104M in duplicative costs if this effort was competitively procured. This estimate is based on the design and technical efforts associated with the EMD effort, testing and qualifications requirements costs for alternative system could be approved, non-recurring component testing and qualification efforts, additional production tooling and test equipment to achieve the current production capability. Because the Government does not expect these costs to be recovered through competition, it has determined that the supplies and services to meet the Government�s requirements are available from only one source.

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

The Program Executive Office for Unmanned Aviation and Strike Weapons (PEO(U&W)) maintains a constant survey of industry and has not identified any other sources capable of providing the supplies and services in support of the APKWS II, within the schedule and fiscal constraints of the program. Issuing a request for information and/or sources sought for the items detailed in paragraph three above would not result in identification of viable alternative sources capable of meeting the Government's needs. Therefore, a waiver was approved on 16 May 2022 which waives the requirement to post a request for information or a sources sought notice set forth in DFARS PGI 206.302-1.

In accordance with FAR 5.201, the proposed contract was synopsized on the SAM website on 25 May 2022 and no other potential sources expressed an interest in this requirement.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

J&A No. 23-0025

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5 above, NAVAIR has no plans at this time to compete future contacts for the types of supplies and services covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.

As this is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(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)(S-70)(ii).