Redacted CJA_21-0186_APR39_BOA20G0005 FINAL.pdf

CJ&A_21_0186

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.

In accordance with Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(iii)(B), NAVAIR has determined that award of the AN/APR-39C/D(V)2 RSDS requirements to any source other than NGSC would result in unacceptable delays in fulfilling the agency�s requirement.

NGSC Rolling Meadows is the sole designer, developer, and manufacturer of the AN/APR-39C/D(V)2 RSDS. The Government never purchased a technical data package for the AN/APR-39D(V)2 RSDS which would be suitable for competition.

On 30 March 2020, the Government asked NGSC Rolling Meadows to provide a rough order of magnitude (ROM) cost estimate for providing a Type 3D (3-Dimensional) Product Technical Data Drawing Package with Government Purpose Rights (GPR) license for the AN/APR-39. This drawing package would be suitable for use as a basis for full and open competition for production of the AN/APR-39D(V)2. On 2 April 2020, NGSC Rolling Meadows provided a response stating the requested technical data and associated rights were not for sale. Therefore, only NGSC Rolling Meadows possesses the unique and specialized engineering capability, resources and subject matter expertise critical to satisfy the Government�s minimum requirements. No other type of supplies or services beyond the AN/APR-39C/D(V)2 will satisfy the agency requirements.

Award of any of the efforts required for this contract to any source other than NGSC Rolling Meadows would result in an unacceptable delay for the services needed to support ongoing efforts in a timely manner. Approximately 24 months would be required to conduct a competition to select a new source. In addition, a new source would require as much as 4 years to achieve the desired product maturity in order to provide the required services. Engineering and logistics support services are required at this time in order to provide ongoing uninterrupted support to the fleet. Any interruption in support services would pose critical setbacks to current schedules and requirements. For this reason, this effort cannot be performed by any source other than NGSC without resulting in unacceptable delays in fulfilling the Government�s requirements.

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

The Sources Sought required by DFARS PGI 206-302-1 was posted on 27 July 2020 and to date no responses were received. In accordance with FAR 16.703 (d)(2)(iv), this BOA was synopsized and posted on the beta.sam.gov website on 12 March 2021. Additionally, each order under this BOA will be synopsized individually and posted on the beta.sam.gov website. Any responses received will be evaluated by the Contracting Officer prior to award of the order. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than NGSC to provide the required supplies and services.

CJ&A_21_0186

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer must ensure that all supplies and services are procured at fair and reasonable prices. The Contractor will submit formal price proposals with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimates. The proposals will be reviewed by experienced technical analysts, cost analysts and contract specialists with the aid of necessary field pricing support from Defense Contract Management Agency and Defense Contract Audit Agency, as required. The Contracting Officer will utilize the formal price proposals as the basis for negotiating fair and reasonable prices.

8. Actions to Remove Barriers to Future Competition.

For the reasons described in paragraph 5, NAVAIR has determined competing this requirement to be impractical and has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is 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&As were provided to the approval authority for review. Approval of this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).