Redacted CJA 25-0145_Redacted.pdf

CJ&A_25-0145

Estimated Dollar Value (In Millions)

FY25-30

Total

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.

As the sole designer, developer and manufacturer of the JSOW missile and the design authority of the SLEP Seeker, only RTX has the knowledge, experience and access to the technical data necessary to fulfill the Government's need and meet its schedule requirements. (See 10 U.S.C. 3204(a)(1)).

RTX maintains and controls the Technical Data Package (TDP) and the manufacturing documentation (see FAR 6.302-1(b)(2)) for the JSOW missile. RTX also maintains and controls the TDP for the HWS SLEP Seeker. As a result, the Government does not have sufficient technical data rights to use the TDPs in a competitive solicitation. On 02 April 2025, the NAVAIR V24 Procurement Group reached out to RTX (McKinney, TX) inquiring if they would be willing to sell the necessary data rights for the SLEP Seeker. RTX responded on 14 April 2025 stating, “Raytheon is the Design Authority for the SLEP Seeker and at this point in time, we are not offering to sell the TDP.” On 18 April 2025, the NAVAIR V24 Procurement Group reached out to RTX (Tucson, AZ) inquiring if they would be willing to sell the necessary data rights for JSOW. RTX responded on 15 May 2025 stating, “we respectfully decline to sell the requested data rights.”

Part of this CJ&A is for a follow-on requirement for JSOW. As a result of a competitive procurement in 1992, the Raytheon Company (then Texas Instruments) was selected to produce and develop the JSOW. RTX maintains and controls both the Technical Data Package (TDP) and the manufacturing documentation for JSOW. In accordance with FAR 6.302-1(a)(2)(ii)(B) and FAR 6.302-1(a)(2)(iii)(B), award to any other source would result in unacceptable delays in fulfilling the agency's requirements for JSOW, to include the time required to develop a new TDP and qualify a new source based on that TDP. These efforts have historically taken anywhere from four (4) to seven (7) years. Therefore, the Government would not meet the delivery requirements that the USN and other foreign partners rely on to meet national defense requirements. The HWS SLEP Seeker is a new requirement; therefore, the requirements of FAR 6.302- 1(a)(2)(ii)(B) and FAR 6.302-1(a)(2)(iii)(B) do not apply as it is not a follow-on.

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

The Program Executive Officer, Unmanned Aviation and Strike Weapons, (PEO (U&W)), maintains a constant survey of the missile industry and can identify no other source capable of satisfying the Government's HWS SLEP Seeker and JSOW requirements. A Class Sources Sought required by

CJ&A_25-0145

DFARS PGI 206.302-1(d) was released on 02 June 2025 and only one response was received from Begini Howard Private Equity (BHPE), LLC on 02 June 2025. BHPE responded that it was an interested party and would provide the requested information. The NAVAIR V24 Procurement Group followed up on 12 June 2025 to see if BHPE was going to provide a capability statement and no response was received from BHPE. No additional market research was conducted, as it is not practicable, for the reasons discussed above in paragraph (5), for any source other than RTX to provide the required supplies and services. Notices required by FAR 5.201(b) will be released to SAM.GOV for each individual order to be placed under the subject BOA. Any inquiries received as a result of those notices will be given full consideration prior to award.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined that 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 paragraphs (5) and (6), 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.

Because this is a follow-on for supplies and services previously awarded on a non-competitive basis for JSOW, in accordance with DFARS PGI 206.304(a)(s-70)(i), the prior JSOW CJ&A was provided to the approval authority to review. Approval of this CJ&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(s-70)(ii).