CJA 24-0139 - -DI FY25-27_Signed_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

IN REPLY REFER TO

CJ&A_24_0139

CLASS 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 Class Justification and Approval (CJ&A) authorizes and approves a class of actions on a sole source basis to BAE Systems Information and Electronic Systems Integration, (hereinafter referred to as “BAE Systems”), Greenlawn, New York. This CJ&A is a follow-on to a previously approved J&A (J&A_23_0010) supporting a contract awarded in May 2023 on a sole-source basis. These contract actions will procure the FY2025- FY2027 AN/UPX-50(C) Digital Interrogator (DI), AN/UPX-50(C) retrofit kits, testing, production support and technical data. Authority to act under this class justification expires on 30 September 2027.

3. Description of Supplies/Services.

The procurements executed under this authority are intended to be incorporated into existing contract N00019-23-C-0046 via multiple modifications throughout the duration of this authority. The primary modification will include the production and associated production support for the AN/UPX-50(C) DI and AN/UPX-50(C) retrofit kit requirements for United States Navy (USN), customers.

The total estimated quantity to be procured under the primary modification is up to 183 end items, including DIs and retrofit kits, or other quantities as authorized and appropriated by Congress.

The total estimated value of these procurements is , to be funded as follows:

Estimated Dollar Value ($M)

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.

BAE Systems is the designer and developer of the Digital Interrogator originally awarded competitively over 25 years ago, and retains the Technical Data Package (TDP). The Navy did not procure all the drawings that would allow another source to produce the AN/UPX-50(C) DI.

Therefore, BAE Systems, as the only manufacturer, is the only known source that has the unique knowledge, experience and special skills required to supply the required supplies and services under these contract actions. Additionally, procurement of upgraded drawings and data would be of limited usefulness because the program is conducting a technology upgrade that will be incorporated in approximately six years. NAVAIR plans to issue a request for proposal in FY 2025, which will include a TDP contract line item number to support future competitive production.

In accordance with Federal Acquisition Regulation 6.302-1(a)(2)(ii)(supplies), the Government has deemed the requirements listed above to be available only through the original source and award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition in fulfilling the Navy’s requirements. The NAVAIR Cost and Schedule Analysis Group estimates that an award to a source other than BAE Systems would result in approximately of duplicative costs. The Cost and Schedule Analysis Group estimate is based on the cost to develop the capability in the DI, along with costs for a modernization Engineering Change Proposal, normalized to FY2025 dollars. Without a production level TDP, an alternate source would be required to duplicate design efforts and system productionization in addition to qualification and testing. Not included in the duplicative cost estimate are the logistics support costs associated with maintaining multiple configurations throughout the The additional

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 five, 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.

As this is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(S-70)(i), the prior J&A, (J&A_23_0010) was 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).