JA 6.302-1 Redacted.pdf

CJ&A-21-0125

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

10 U.S.C. 2304(c)(l), Only one responsible source and no other supplies or services will satisfy agency requirements, as implemented by FAR 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority.

As the sole designer, developer and manufacturer of the JSOW missile, only RMD has the knowledge, experience and access to the technical data necessary to fulfill the Government's need and meet its schedule requirements. (See 10 U.S.C. 2304(d)(l)(B) or 41 U.S.C. 253 (d)(l)(B)). An award to any other source would result in a substantial duplication of cost to the Government not expected to be recovered through competition.

As a result of a competitive procurement in 1992, the Raytheon Company (then Texas Instruments) was selected to produce and develop the JSOW. RMD maintains and controls both the Technical Data Package (TDP) and the manufacturing documentation for JSOW (See 6.302-l(b)(2)) and the U.S. Government does not have sufficient technical data rights to use the TDP in a competitive solicitation.

Under an option item of the AGM-154A and AGM-154B Engineering & Manufacturing Development (E&MD) contract, the Government had the option to purchase Government Purpose License Rights (GPLR) technical data for the JSOW AGM-154A at a price of

. Additionally, in support of JSOW C Milestone III, an evaluation was performed by NAVAIR (AIR- 4.2) to assess the costs associated with establishing a second source. The estimate was (Then-Year dollars) based on historical data from other missile programs.

The Government made the decision not to exercise the Technical Data option since it was anticipated that the cost to procure the GPLR technical data and the additional cost to qualify a second source would not be recovered through competition. Planned quantities would not sustain two sources and would result in unacceptable delays in fulfilling the agency's requirements.

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

The Program Executive Officer, Unmanned Aviation and Strike Weapons, (PEO (U&W)), maintains a constant survey of the missile industry and can identify no other source capable of satisfying the Government's JSOW requirement. A Sources Sought required by DFARS 206.302(d) was released on 5 August 2020 and no responses were received. No additional market research was conducted, as it is not practicable, for the reasons discussed above in paragraph (5), for any source other than RMD to provide the required supplies and services.

The notice required by FAR 5.201(b) will be released to betaSAM.GOV for each individual order to be placed under the subject BOA. Any inquiries received as a result of the notice will be given full consideration prior to award.

CJ&A-21-0125

7. Determination of Fair and Reasonable Cost.

In accordance with FAR Subpart 15.404-1, the Procuring Contracting Officer (PCO) will determine that the procured supplies and services authorized under this CJ&A are from a responsible source at a fair and reasonable price. The negotiated actions will be conducted in accordance with FAR Subpart 15.4 by the PCO, with support, as needed, from Defense Contract Management Agency (DCMA) and Defense Contract Audit Agency (DCAA) personnel to ensure that fair and reasonable prices are established. In order to support the PCO's determination, the Contractor will be required to substantiate its proposed cost or price by providing varying types of cost or pricing information as defined under FAR Subpart 15.4. The Contracting Officer's determination of a fair and reasonable price will be based upon information received from historical data field audits, independent technical evaluations and thorough cost/price analysis.

8. Actions to Remove Barriers to Future Competition.

For the reason set forth in paragraphs (5) and (6), NAVAIR 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 CJ&A was provided to the approval authority to review. Approval of this CJ&A signifies the approval authority made the determination required by DFARS PGI 206.301(a)(ii).