JA_LCS22PreDeployment_signed_redacted.pdf

IN REPLY REFER TO

JA 24-0172

JUSTIFICATION AND APPROVAL

FOR THE USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command Headquarters (NAVAIRHQ)

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves, on a sole source basis to Textron Systems Corporation (TSC), the modification of competitively awarded Task Order N00019-23- F-2544 to install a B-kit on Littoral Combat Ship (LCS) and support System Operational Verification Test (SOVT) and other pre-deployment requirements in order to complete intended sea-based Contractor Owned Contractor Operated (COCO) Unmanned Aircraft Systems (UAS) Intelligence, Surveillance and Reconnaissance (ISR) services in support of a forward deployed operation.

The Naval Air Systems Command awarded Task Order N00019-23-F-2544 to TSC on 31 May 2023 for up to sixty (60) months (inclusive of base period and options) of UAS ISR support aboard three LCS; this included both the Freedom and Independence LCS variants. The order provides COCO Aerosonde® UAS detachments (hardware, logistics, personnel) and facilitates movement or cross-decking of the UAS from ship-to-ship to support Fleet requirements and provide operational flexibility. Due to unavailability of one LCS, a no-cost modification (P00002) was issued 18 Dec 2023, to initiate pre-deployment activities on instead of an LCS, as the scope of work, B-kit, and associated installation would remain unchanged.

A protest was filed against the issued no-cost modification with the Government Accountability Office (GAO) on 25 Mar 2024 and it was subsequently dismissed on 16 Apr 2024 due to corrective action taken. Per FAR 33.103(f)(3), the Procuring Contracting Officer issued a stop-work order and subsequently terminated pre-deployment tasking on 16 Apr 2024; due to the time delay between the award of the modification and protest filing, associated pre-deployment work was already approximately 90% complete. Additionally, the associated remaining CLINS (base period deployment CLIN and post-deployment CLIN) were not terminated and remain available for use.

With the delays caused by the protest and termination activities, is no longer a viable candidate for ISR support under this task order and support will transition to .

has moved into a Continuous Maintenance Availability (CMAV) period that includes the Government installation of the agnostic A-permit for the installation of the UAS B-kit, SOVT, and associated pre-deployment activities

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFETT BUILDING

47123 BUSE ROAD BLDG 2272

PATUXENT RIVER MARYLAND 20670-1547

TSC provided B-kit installation, SOVT support, and remaining pre-deployment activity requirements aboard , the deployment and post-deployment services providing the sea-based ISR services would also need to be re-competed. Based on historical data, a new contracting effort would drive a duplication of cost of over . Additionally, the acquisition cycle time required to compete a new task order for ISR Services would be in excess of 240 days for the competition and production, delivery and installation of a new UAS system and associated infrastructure. TSC is the only source in a position to perform remaining pre-deployment tasking on this Task Order without an interruption in service or creating substantial duplication of costs.

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

In accordance with FAR 5.202(a)(11), a synopsis is not required when the contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of FAR 5.207 with respect to the current proposed contract action. Sources Sought Waiver Ser. 243-21-001 applies to this effort.

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.

To the greatest extent possible UAS ISR services are awarded on a competitive basis. Future requirements for UAS ISR Services which fall within the authority of Limited Source Class J&A 21-0013 will be competed among capable vendors. In an effort to encourage competition of future requirements, PMA-263 conducts continuous market research. If another potential source emerges, the Naval Air Systems Command will assess the possibility for competition of future requirements.

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:

Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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