Selex_CJA_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

IN REPLY REFER TO:

CLASS JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Lakehurst, NJ

2. Description of the Action Being Approved.

This Class Justification and Approval (CJ&A) authorizes and approves on a sole source basis the issuance of orders under a five (5) year Basic Ordering Agreement (BOA) with Selex ES, Incorporated, (Selex)

Overland Park, KS, CAGE CODE 64415, the Original Equipment Manufacturer (OEM) of the Selex

Model 2100 Civil Instrument Landing System (ILS) and components in support of NAWCAD, Air

Traffic Control (ATC) Division,4.11.7 . Orders will be Firm Fixed Price (FFP) and Cost Plus Fixed Fee

(CPFF).

3. Description of Supplies/Services.

The Civil ILS is an all-weather precision approach system that has International Civil Aviation

Organization (ICAO) Annex 10 Category II weather minimums that provides pilots with precise azimuth, glide path, and distance information during the final approach phase of flight. The Civil ILS will be used in conjunction with an airport surveillance radar system to provide a complete Ground Controlled

Approach (GCA) capability for the Department of the Navy (DoN) and other military and civilian aircraft. This acquisition is for the procurement of hardware and software supplies, OEM components and subassemblies, and provide engineering, technical, training, installation, and repair services for the

Selex Model 2100 Civil ILS.

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.

Selex is the sole designer, developer, and manufacturer of the Model 2100 Civil ILS equipment. Selex is the only firm possessing the required knowledge, experience, and technical expertise to provide the essential technical, engineering, repair, installation, training, hardware/software procurement, and spare parts with the compatibility and interchangeability necessary for immediate integration into existing sites.

Through a previous competitive Indefinite Delivery Indefinite Quantity (IDIQ) contract), Selex was awarded the tasking to produce and perform environmental stress and on-site verification testing for the

Model 2100 Civil ILS. This BOA is for OEM support products and services to support the In-Service

Engineering Agent (ISEA) during this critical installation period. If another vendor were to provide the support for this requirement, it will impact the ability to support Fleet requirements and would result in substantial duplication of cost. The cost to develop a replacement for the Model 2100 Civil ILS is estimated at, which includes non-recurring engineering costs, design change, testing, and re-verification of the system, as well as the recurring costs per each airfield location. These non-recurring and recurring costs are not expected to be recouped by repeating the competitive procurement. Selex is the OEM for the system being fielded to the Fleet. The IDIQ contract was already competed and is currently in place;

no other vendor is capable of providing the support required. If another vendor were to provide another system, it would cause three years delay in schedule which would delay the required update and roll-out of the Department of Defense Shore ILS systems past their mandated timeframe.

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

NAWCAD ATC Division 4.11.7, conducted market research via web-based search engine terms “Model

2100 Civil ILS.” Selex was found to be the only manufacturer able to meet the Government’s requirement. A Request for Information (RFI) for this requirement was posted via the Federal Business

Opportunities (FedBizOpps) website on 10 April 2018 and closed on 16 April 2018. A presolicitation synopsis was posted on 25 July 2018 and closed on 09 August 2018. No responses were received. Before the expiration of this CJ&A, the Government will conduct market research to identify any changes to the marketplace and identify any sources that may have emerged and are capable of meeting the requirement.

Market Research will be updated during the BOA period of performance to verify Selex is the only company that is capable of meeting the requirements.

7. Determination of Fair and Reasonable Cost.

As part of this BOA, individual orders will be negotiated on a FFP and CPFF basis, as applicable. In accordance with FAR 15.402, the Contracting Officer shall ensure that the price negotiated for each individual order is fair and reasonable. The Contractor will submit a formal price proposal with certified cost or pricing data when necessary and sufficient information to support the accuracy and reliability of the estimate for each individual order. Each proposal will be reviewed by experienced technical personnel at NAWCAD ATC Division 4.11.7,, the cognizant Contract Specialist, and with assistance provided by DCMA and DCMA analysts as deemed necessary. The Contracting Officer will utilize various cost and price analysis techniques in accordance with FAR 15.404-1, including a review of historical data, as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

For the reasons stated in paragraph 5, NAWCAD has no plan to compete future contracts for the types of supplies and services covered by this CJ&A at this time. As the OEM, Selex is the only company that currently possesses the technical expertise and special tooling required to engineer, repair, install, train, and offer hardware procurements for these complex systems, and there are no other sources for spare parts. If another potential source emerges, or NAWCAD is capable of receiving the Technical Data

Package required for the repairs of the Air Traffic Control system components and assemblies, NAWCAD ATC Division 4.11.7, will assess whether competition for future requirements is feasible.