Redacted Justification and Approval.pdf

J&A Number: 24-0213

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

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

2. Description of the Action Being Approved.

Award of a contract on a sole source basis to ThinKom, 4881 West 145th Street, Hawthorne, CA 90250 for the procurement of cylindrical antennas subassemblies for the PATRIOT Radar Program which supports the United States Navy (USN) [Redacted] submarines.

3. Description of Supplies/Services.

This procurement is for the fabrication, testing, documentation, and delivery of seven each cylindrical antenna subassemblies, estimated value of $459K, which are integral in the PATRIOT Radar System. These specific cylindrical antenna subassemblies [Redacted] have a delivery lead time of 34 weeks after receipt of contract.

Estimated Dollar Value

FY24-25

[Redacted] $459K Total $459K

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.

ThinKom is the original designer, developer and manufacturer of the cylindrical antenna subassembly and is the only source with the requisite knowledge, experience and technical expertise to continue production of the cylindrical antenna subassembly. To produce the antennas, ThinKom was required to develop proprietary manufacturing processes to achieve required specifications and precise fitment. This antenna design is proprietary to ThinKom due to the unique design essential to the form-fit-function requirements of the submarine mast and the desired function of the PATRIOT radar in the larger system. These antennas were last procured, on a sole source basis, under contract N6893623C0031 on 27 September 2023 from ThinKom and originally designed, developed, and produced by ThinKom under contract N6893606C0012 dated 6 December 2005. Seeking a new source would directly delay in the deployment of submarines to the fleet as the antenna is presently integrated and functional in the fleet.

In accordance with FAR 6.302-1(a)(2)(ii)(B), these antennas are deemed only available from ThinKom, as award to any other source would result in unacceptable delays in fulfilling the Government’s requirement. Delaying the procurement to find another source would significantly impact the US Navy operating capabilities. Redesign of the antenna to find a new source would force the redesign of the PATRIOT Radar Program as a whole. The design and prototype development of the original antennas contract took six years. It is estimated that a redesign would take two years by a minimum team of five engineers which would significantly increase costs to accomplish. The work would include Printed Circuit Board (PCB) redesign as well as mechanical changes to key components that make up the entirety of the radar. Those man hours alone would come at an additional cost to the USN in the amount of $1.5M and cause a delay of at least one year, as estimated by the technical Subject Matter Expert (SME). In addition, the administrative process of restarting the market research and a new procurement to manufacture new antennas would add on to the delay, further impacting USN operating capabilities, as well as further significantly increasing the overall cost. The Government would have to pay for the new design. The design cost for the current design done approximately 17 years ago, was $859K and the production cost was $626K. Then first article testing would be required of the new manufactured antenna to verify it meets all specifications. Finally, the Government would have to pay for the production of the new antennas which may or may not be less costly per unit than the current antennas and that is before the design and testing costs. Therefore, award of a contract to any other source would result in substantial duplication of costs in man hours and redesign of the antennas that are not expected to be recovered through competition.

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

In accordance with DFARS PGI 206.302(1)(d), a sources sought for this requirement was posted to the Official Government website, System for Award Management (SAM) on 29 May 2024 with a capability submission date of 13 June 2024. No responses were received.

In accordance with FAR 5.201(b)(1), a pre-solicitation synopsis was posted to the SAM.gov website on 22 July 2024 with a response date of 29 July 2024. No potential vendors sent emails of interest. As no complete written response was received, an SF 1449 solicitation/RFQ pursuant to FAR 12.204(a)(l) will now be issued to ThinKom Solutions.

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 J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAWC-WD China Lake, CA has no plans at this time to compete future contracts for the types of supplies covered by this document. If another potential source emerges, NAWC-WD China Lake, CA will assess whether competition for future requirements is feasible.