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DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER WEAPONS DIVISION

1 ,\DMINISlRI'TIQN CIRCt.f 575 I NJ!oNUE SUITE 1 Cf<INA LAK[ CA. 93555 MOO POINT t.AUGU, CA 91047-';049

JUSTIFICATION AND APPROVAL

IN REPLY REFER TO

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FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

I. Contracting Activity.

Naval Air Warfare Center Weapons Division (NAWC-WD)- China Lake, CA

2. Description of the Action Being Approved.

This justification and approval authorizes and approves a contract award on a sole source basis.

The sole source contractor is Rockwell Collins, 3200 E. Renner Rd, Richardson, TX 75082- 2402.

3. Description of Supplies/Services.

This proposed contract addresses enhancements and updates of the AN/USQ 113 Radio Frequency Controller (RFC) as part of integrated software releases. The requtrements include the development, design, coding, and preliminary release of compatible software merged into an inlegrated software release_ This includes new requirements, changes to existing releases, and the correction of software deficiencies identified by Fleet operators after use in theater. The objective is to upgrade weapon system software to keep pace with emerging threats. to ensure that weapons systems interfaces are integrated and inter-operable with the Naval A vial! on Enterprise.

Services provided under this contract include; I) Program Management, 2) Software Development. 3) Platform Integration and, 4) Configuration Management.

See Appendix A for Estimated Dollar Value

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

10 U.S.C. 2304(c)(l ). Only one responsible source and no other supplies or service~ will satisfy agency requirements.

5. Rationale Justifying Usc of Cited Statutory Authority_

In accordance with 6.302-1 (b)( I )(i), only Rockwell Collins possesses the unique capability and expertise that can satisfy the mimmum needs of the government. Rockwell Collms has proprietary rights as the sole designer and developer of the RFC software within the lJSQ- I 13 system.

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NAVAIR WD awarded contract N68936-ll-C-0051 to Rockwell Collins for updates to correct deficiencies in the RFC software in order to meet fleet requirements for increa!-.ed mission effectiveness. Rockwell Collins ao,;serted their data rights in their proposal for the following items:

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Rockwell Collins reasserted their nghts in 20 I 3 when NAY AIR WD awarded contract N68936- 13-C-0084 for additional software capabilities and minor corrections identified in the RFC software. Contract N68936-13-C-0084, was an eight month Cost Plus Fixed Fee. Level of Effort contract, which was procured on an ''Other Than Full and Open Competition" basis from Rock\.vell Collins. This procurement was set up as a short-term contract in order to allow PMA- 234 time to determine if they were going to reqmre additional support from Rockwell Collins through ... undown of the EA-68 platform. After careful considerauon by the PMA-234, it was determined that the Malines required support for the EA-68 platform until 2019 when sundown is scheduled. There are no existing contracb that can satisfy the technical requirements of thi' procurement.

The Government does not possess adequate data or the rights necessary to competitively award thi" procurement of RFC software. Only Rockwell Collins, to the exclusion of other contractors.

possesses the unique capability and proprietary data that can satbfy the minimum need~ of the Government.

The services, as described in the Statement of Work (SOW) associated with this proposed procurement. are highly specialized and an award to any source other than Rockwell Collins would result in a substantial increase or duplication of costs to the Government. It is estimated that procurement from another company would cost the Government at least $13,000,000 to research and learn how to reverse engineer existing engineering artifacts. especially the RFC Source Code Software. This would require approximately 48 months after award for the contractor to fully understand the detailed operations of the RFC software. A company. other than Rockwell Collins. would need access to existing systems to analyze and re-engineer the RFC. including modeling and re-design of system'i for obsolescence. Also, an award to another source would cause unacceptable delays in delivering critical radio frequency jamming capability to the war fighter.

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

In accordance with FAR 5.20l(b) ( 1), this requirement was ~ynopsizcd via the Federal Business Oppor1unities website (www.lbo.gov) on 13 June 2013. To date, no responses or inquiries have been received. Any future responses will be evaluated by the Contracting Officer prior to award.

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7. Determination of Fair and Rcasonahk Cost.

In a~.·~.:ordam:c w1th FAR 15.4021 a). the Contracting Offi~.:er mu~t en~urc that all supplies and support arc procured at a fc.m and reasonahle pril:c. AmLiysis of the proposal will he performed by technical analysts and contract specialists. with the a.--~i-.tancc nf DCMA analysi-; and DC AA auditors as needed. The Contracting Officer will analyt.c the various co..;t dements that arc presented in the proposaL as well a,<, review the actuals from previous procurements. The Procuring Contracting Officer IPCOJ will use (lo"ernment experti ... e. induding DCMA. DCAA.

the PMA. and other Government resour~.:cs. to evaluate the proposed material. lahor, and suh~.:ontract positions There is currently a forward pricing rate agreement hctwccn DCMA and the contractor l~lr the time period covcn .. ·J unJcr this prncuremcnt. The PCO will work \\ 1th DCMA and DCAA to c-.tahli ... h a rate position for tht~ contract. As di~cu~:-.cd in tlw; paragraph.

the PCO will use cost and prin.· analysis as the basis for negotiating a fair and reasonable pncc for the 'upplics and ~Cf\'lCC'- cmercd h: thi:-. J&A.

8. A..:tions to Rcmm .. c Banic:rs to Future Competition.

None at this time. For the rca-.ons set forth herein, NA WCWD h<Js no plan" at this time to compete future contract~ for the RFC software covered hy this document. No alternate source~ arc currently availabk 1lf antkipatcd for the ncar future due In the fact that Rod .. \\dl Collins owns the proprietar:. data nccc-.~ary for the AN/lJSQ 11 Ys RFC !-.Oftwarc development, as descnbcd in the SOW. In addition. the RFC snftwarc development "'antiCipated to he the last development .. :~cle. The requirement lor RFC "'llhvare update' •~ anticipated to conclude m the fourth quarter of Fiscal Year 20 llJ, as the EA-hB platform sundown is -.;chedulo(for that time frame.

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Appendix A

Estimated Dollar Value In Thousands

~...... .±='3 j FY141 ~t5 J FY161 ri't~L~~