NAVAIR_CJA_MQ-9A MUX MALE EW and DAAS_230508H5VM_Redacted (2).pdf

CJ&A: 23-0100

BOA orders issued under the current or follow-on BOA. The current PSTRAPs only address BOA orders issued under the current BOA and will be revised at a future date to cover orders under the follow-on BOA.

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.

In accordance with FAR 6.302-1(a)(2), GA-ASI is the sole designer, developer, manufacturer, and integrator of the MQ-9A MUX MALE UAS and its related equipment. GA-ASI owns the technical data and software rights and has the comprehensive knowledge of the associated design requirements to modify the MQ-9A MUX MALE UAS and associated Ground Control Station to fabricate and integrate DAAS and EW Pod hardware and software. GA-ASI is also the sole developer of DAAS, and as such, GA-ASI has the unique capabilities to fulfill the DAAS orders, as it is extremely familiar with the work that is required to produce, test, upgrade, and support the DAAS integration into the MQ-9A MUX MALE UAS. Additionally, GA-ASI owns the technical data and software that transmits the DAAS and EW Pod signals through the MQ-9A data bus to the MQ-9A MUX MALE GCS.

GA-ASI has the experienced staff, necessary facilities, equipment, suppliers, and technical understanding of what is required by the orders resulting in the unique capability to address the interrelated impacts of each order on each other and on other parts of the MQ-9A system/program. Further, GA-ASI is the only entity that owns a complete data package to MQ- 9A UAS, DAAS and key portions of the EW Pod internal pod configuration and data bus necessary to successfully complete the orders under this CJ&A. On 9 January 2023, GA-ASI stated they are unwilling to sell the DAAS and EW Pod technical data and software rights.

Without the proper data rights, a competition cannot be conducted. In order to develop, produce and integrate the DAAS and EW Pod into the MQ-9A UAS, an alternative source would require a complete data package. Without a complete data package, an alternative source cannot integrate the DAAS and the EW Pod into the MQ-9A UAS or ensure that the DAAS and EW Pod components will function correctly within the MQ-9A UAS. For these reasons, GA-ASI is the only responsible source that has the unique capabilities and data to be able to fulfill the Department of Navy’s requirements set forth in the DAAS and EW Pod orders.

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

In accordance with FAR 5.201, a Sources Sought was posted for the current GA-ASI BOA on the SAM website on 7 October 2022 to include the DAAS and EW Pod scope, and a pre-solicitation notice was posted on the SAM website on 28 February 2023; no responses were received. In accordance with FAR 16.703(d)(2)(iv), the contracting officer will post a synopsis on the SAM website for each order, evaluate any offers received prior to contract award, and refer any interested parties to GA-ASI subcontracting managers for possible subcontracting opportunities. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than GA-ASI to provide the required supplies and services.

CJ&A: 23-0100

A Sources Sought for a future GA-ASI BOA will be posted and all orders synopsized in accordance with FAR 16.703(d)(2)(iv).

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 CJ&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

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