Link16 FY26 JA_Final_May2024_redacted.pdf

IN REPLY REFER TO

DEPARTMENT OF THE NAVY

PROGRAM EXECUTIVE OFFICER

AIR ASW ASSAULT AND SPECIAL MISSION PROGRAMS

47123 BUSE ROAD, BLDG 2272, Suite 162

PATUXENT RIVER, MD 20670-1547

24-0155

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) is a follow-on to CJ&A 20-0399, sole source procurement for H-1 Link-16 initial kit production and supporting efforts for the UH-1Y and AH-1Z aircraft to Northrop Grumman Corporation, 21240 Burbank Boulevard, Woodland Hills, CA 91367- 6675.

3. Description of Supplies/Services.

This J&A will permit award of approximately 17 kits and associated spares for FY26, or any additional quantities as appropriated by Congress. In addition, the Government will procure associated licensing and support, program management, logistics analysis, logistics management and documentation, configuration management, as well as technical, administrative and financial data requirements.

The estimated total value of the contracting efforts covered by this J&A is $33.56M and provided in the funding profile shown below.

Estimated Dollar Value

FY26

APN-5 $32.30M

APN-6 $1.26M

Total $33.56M

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.

Pursuant to FAR 6.302-1(a)(2)(ii)(B), Northrop Grumman Corporation (NGC) is the only source capable of manufacturing, assembling, and delivering the Link-16 hardware and associated integration software to meet the fleet user and the Marine Corps operational requirements without causing an unacceptable delay. The efforts contemplated by this J&A are follow-on efforts for production of a major system or highly specialized equipment, including major components thereof to Contracts N68936-15-D-0013, N68936-22-D-0028, N00019-21-C-0073, and a future FY24- FY26 IDIQ contract which is anticipated to award Q3FY24.

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The Government estimates that executing a competitive procurement for the Link-16 system will take approximately 24 months, which would cause an unacceptable delay and production line gap of roughly 18 months. The Government determined a competition Request For Proposal (RFP) cannot be released until the Government finalizes the system Technical Data Package (TDP), which is pending completion of aircraft Validation and Verification installation currently estimated to complete in October 2024. Link-16 fulfills the Marine Corps Commandant’s H-1 top priority by providing a network enabled kill chain, facilitating command and control, and H-1 air-to-air / air-to-ground shore based and maritime information sharing. These critical capabilities are required for the H-1 Fleet to maintain relevancy against the Indo-Pacific threat to our nation. A production line gap of 18 months will negatively impact our ability to deliver this modernization capability improvement to the fleet. To prevent this production and fielding gap, a follow-on J&A is being pursued for the FY26 quantities.

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

In accordance with DFARS PGI 206.302-1(d), a Request for Information (RFI) notice was posted on the Sam.Gov website on 11 March 2024. To date, no responses have been received.

Pursuant to FAR 5.201(b), a presolicitation notice was publicized on the SAM.GOV website on 29 April 2024. To date no responses have been received. Any response from interested sources will be evaluated by the Contracting Officer for possible competition opportunities. Additionally, any interested party will be referred to NGC for possible subcontracting opportunities.

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.

8. Actions to Remove Barriers to Future Competition.

The Government is currently validating and verifying the Link-16 TDP and is estimated to complete in October 2024. Once the TDP is fully validated and verified, it is anticipated the subject TDP will support competition for future acquisitions of the same or similar items.

J&A No. 24-0155

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:

__________________________________ (301) 342-1749 Signature Jason Barnidge Phone No.

REQUIREMENTS COGNIZANCE:

________________________________ (301) 757-5534 Signature Col Vasilios Pappas Phone No.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

______________________________ (240) 925-2333 Signature Da’Net Sturdifen Phone No.

CONTRACTING OFFICER CERTIFICATION

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

______________________________ (301) 995-2905 Signature Jeanette Moronta Phone No.

SENIOR PROCUREMENT EXECUTIVE APPROVAL

Upon the basis of the above justification, I hereby approve, as NAVAIR Director for Air ASW, Assault and Special Mission Programs Procurement Group, 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. 3204(a)(1), only one responsible source and no other supplies or services will satisfy agency requirements.

Greg Linsky Director, Procurement Group for PEO(A), V23