NGC_CORPORATE_BOA redacted-FINAL.pdf

CJ&A_21-0073

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

10 U.S.C. Section 2304(c)(1), One source or limited sources.

5. Rationale Justifying Use of Cited Statutory Authority.

NGSC is the sole designer, developer and manufacturer of the BQM-34S and BQM-74E Subsonic Aerial Targets. As the sole integrator of their systems, NGSC is the only source with the requisite knowledge, experience, and technical data that can meet the Government's requirements for the BQM-34S and BQM- 74E Subsonic Aerial Target systems. The Government does not have sufficient data rights to support competitive acquisition of the supplies and services and a Technical Data Package (TDP) was not procured. The BQM-34 and BQM-74 targets are out of production and are in the sustainment phase of their lifecycle. BQM-34 has been in service since 1974 and out of production since 1996. The BQM-74 has been in service since 1990 and has been out of production since 2010. Both the BQM-34S and BQM- 74E are close to the end of the program. Purchasing a complete TDP and necessary data rights would be cost prohibitive at this stage of the program. Additionally, conducting a competitive procurement would result in duplicated non-recurring and startup costs that would delay delivery and adversely affect Fleet operations.

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

A request for a waiver of DFARS PGI 206.302-1 Request for Information/Sources Sought requirement was approved (SER 244-20-084). A pre-award synopsis will be issued for each order in accordance with FAR 5.201. In the event a contractor other than NGSC expresses interest in a procurement, the Procuring Contracting Officer (PCO) will review the contractor’s qualifications and address accordingly. For the reasons set forth in paragraph 5, no additional market research will be conducted because it is not practicable for any company other than NGSC to provide the required supplies and/or services.

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 plan to compete the supplies and services in support of the BQM-34S and BQM-74E covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.

Because this effort is a follow-on for supplies and services previously awarded on a non-competitive basis, in accordance with DFARS PGI 206.304(a)(i), the prior CJ&A (16-0006) was provided to the approval authority for review. Approval of this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).

CJ&A_21-0073

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein are complete and accurate to the best of my knowledge and belief.

Technical Requirements Cognizance:

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

APPROVED

Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).