JA_14_23797_FMS_FRANCE_WRA_9 11.doc

J&A_14_23797

J&A_14_23797

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.

This Justification and Approval (J&A) authorizes and approves on a sole source basis a Fixed Price type contract with Northrop Grumman Corporation (NGC) located in Bethpage, New York, 11714-3582, CAGE Code 26512, for the modification of the existing Weapon Replaceable Assembly (WRA) 9 and WRA 11 simulators for the E-2C Radar Test Bench Set (RTBS) part number 123SAV50000-53 to support the new configuration of the WRA 31 Driver. This contract will be in support of the French E-2C Foreign Military Sales (FMS) Program, Case FR-P-LHG.

3. Description of Supplies/Services.

This contract is for the modification, installation and test of the WRA 9 and 11 simulators in support of the RTBS, part number 123SAV50000-53, to be performed in France. Included as part of this effort is on-the-job training conducted by NGC for the FMS customer on the proper use of the newly-modified RTBS. A modification team of two (2) individuals from NGC will perform the installation for a period of one (1) week, which will include familiarization to ensure that the FMS customer is acquainted with the modified RTBS. The total anticipated period of performance is nine (9) months.

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.

NGC is the only known source of the RTBS part number 123SAV50000-53 and the subsequent WRA 9 and WRA 11. The technical data rights for these items are owned by NGC. The U.S. Government does not own the rights to the drawings or specifications. In order for another company to provide these items, drawings would need to be provided. Based on the lack of technical data and drawings, NGC is the only source available for this procurement.

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

Market Research was conducted to find alternate sources for this modification effort. NGC is the only known source of the RTBS and subsequent WRA 9 and WRA 11. Additionally, NGC owns the proprietary technical data and specifications necessary to complete the upgrades. Searches conducted on Google, Bing and Metasearch identified no vendors other than NGC being capable of fulfilling this requirement. A synopsis was posted on the FedBizOpps website on 11 February 2014 and no inquires or challenges were received.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. The Contractor will submit a formal price proposal with sufficient information to support the accuracy and reliability of the estimate. NGCs proposal will be reviewed by experienced technical analysts, cost analysts and contract specialists with the aid of necessary field pricing support. The Contracting Officer will utilize cost and price analysis as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in paragraph 5, the U.S. Government has no plan at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, the U.S. Government will assess whether competition for future requirements is feasible.

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