J A_FLIR.doc

J&A_13_23622

J&A_13_23622

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Lakehurst, NJ

2. Description of the Action Being Approved.

AIR 4.5X Special Surveillance Programs (SSP) has been tasked by the Department of Defense (DOD) to support and maintain existing Persistent Ground Surveillance Systems (PGSS). This task requires the procurement of additional PGSS EO/IR sensor parts and spares for PGSS systems CONUS and OCONUS. This action is for a Firm Fixed Price (FFP) order off of a Basic Ordering Agreement (BOA) with FLIR Systems, 27700 SW Parkway Ave., Wilsonville, Oregon.

3. Description of Supplies/Services.

This FFP order is for the procurement of the replacement parts and associated spares detailed in Attachment 1. The FLIR Star SAFIRE 380-HD sensor parts and spares are being procured to maintain PGSS systems. The technology being fielded as part of the PGSS was specifically tailored to protect US and Coalition forces by providing the ability to provide surveillance and locate and detect hostile forces that are approaching in the distance, giving US Forces ample time for situation awareness and an effective response. This procurement will maintain PGSS's capability to provide situational awareness when deployed CONUS or OCONUS.

The total value of this action is $4 Million dollars and will be funded with FY12 Other Procurement Army (OMA) funds. (See Appendix A for Estimated Dollar Value).

See Appendix A for Estimated Dollar Value

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

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

FLIR is the only source that can provide the supplies or services and no other supplies or services will satisfy agency requirements. FLIR is the original Equipment Manufacturer (OEM) for the Star SAFIRE 380-HD sensor. The Government does not possess the technical data on the proprietary FLIR Star SAFIRE 380-HD sensor parts and spares technology. It is not economically feasible for NAVAIR to procure the technical data rights to these systems based upon the number of units that are currently required. Use of an alternative source at this time would cause the Government to incur significant and unrecoverable non-recurring engineering costs, cause unnecessary and unwanted delays, severely impact the operational status of currently fielded systems and deny our warfighters a critical ISR asset.

Sensor parts and spares available from alternate sources would not be compatible with the FLIR Star SAFIRE 380-HD sensors in theater.

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

A synopsis for PGSS EO/IR sensors was posted to FedBizOpps on August 20, 2013 with a response date of September 4, 2013. There were no responses received to the synopsis posted on FedBizOpps.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that the price negotiated for this acquisition is fair and reasonable. An independent government estimate and a price analysis shall be conducted.

In accordance with 15.403-1(b)(3) and 15.403(c)(1)(iii) cost and pricing data is not obtained when a commercial item is being acquired or when the price analysis clearly demonstrates that the proposed price is reasonable in comparison with current or recent prices for the same or similar items, adjusted to reflect changes in market conditions, economic conditions, quantities, or terms and conditions under contracts that resulted from adequate price competition.

8. Actions to Remove Barriers to Future Competition.

The Government does not possess the technical data required to compete this contract since the items being procured are commercial items. AIR 4.5X performs continuous market research for comparable systems, however to date the OEM FLIR Systems, Inc. is the only vendor who can meet this requirement. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.

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