22-0103 CJA Redacted.pdf

CJ&A # 22-0103

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

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

5. Rationale Justifying Use of Cited Statutory Authority.

Pursuant to Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii)(B) and (iii)(B), award to any other source would result in unacceptable delays in fulfilling the requirements. LMMFC is the original designer, developer and manufacturer of the LGTR system and owns the proprietary data that is required to perform the efforts set forth in Paragraph 2 above, including the applicable detailed specifications, software source code and drawings. The LGTR is currently in production under contract N00019-17-C-0022. This requirement is a follow-on production, maintenance and sustainment effort for the LGTR system. LMMFC has informed NAVAIR that LGTR Proprietary Data is not for sale at this time or in the foreseeable future.

The Government's lack of technical data needed to support a competition will result in unacceptable delays in fulfilling the agency's requirements. Based on the historical average time to develop a new missile, it would take approximately 3.5 to 4 years for another source to complete an Engineering and Manufacturing Development phase, create a production level technical data package, and to complete required testing. Further, it is estimated that it would take an additional 1.5 to 2 years post-qualification for that vendor to deliver an LGTR system, based on historical lead times. The additional 5 to 6 years to start receiving first deliveries results in unacceptable delays in fulfilling the US Navy's requirements to replenish the LGTR in its inventory. As a result, LMMFC is the only responsible source capable of providing supplies and/or services to satisfy the US Navy's requirements.

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

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Information (PGI) 206.302-1, a Sources Sought (SS) was issued on the SAM website on April 04, 2022, and received no responses. In accordance with FAR 5.201(b), NAVAIR synopsized the LGTR production effort on the SAM website on August 22, 2022 and received no responses. Any responses received before contract award will be evaluated to determine whether the potential sources are technically acceptable to adequately satisfy the Government's requirements. Additionally, any interested parties may be referred to LMMFC's subcontracting managers for possible subcontracting opportunities. As required by FAR 5.201 a synopsis of each individual order placed under the BOA will be published to the SAM.gov website. Any inquires received as a result of the notice will be given full consideration prior to award.

CJ&A # 22-0103

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 CJ&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

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

This effort is a follow-on to production contracts previously awarded on a non-competitive basis.

In accordance with DFARS PGI 206.304(a)(S-70)(i), the prior CJ&A 15-24656 and J&A 16-002 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)(S-70)(ii).