Redacted J_A.docx

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Lakehurst, NJ.

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves on a sole source basis a five-year Indefinite Delivery Indefinite Quantity (IDIQ) contract with Communications & Power Industries LLC (CPI), the Original Equipment Manufacturer (OEM) of Precision Approach Landing Systems (PALS) Radio Frequency (RF) components and assemblies. This action will procure legacy PALS RF components and assemblies in support of the NAWCAD Webster Outlying Field Air Traffic Control & Landing Systems (ATC&LS) Division. Orders will be issued on a Firm Fixed Price (FFP) basis.

3. Description of Supplies/Services.

The function of PALS is to provide precision landing information to air traffic controllers and the final approach controller while landing aircraft aboard aircraft carriers and amphibious assault ships. If this equipment is not operational, the fleet will be directly and adversely affected as the Government’s capability to track and land aircraft aboard vessels will be severely restricted. Per the Assistant Deputy Chief of Naval Operations’, Integration of Capabilities and Resources Decision Memorandum; Ser N8b/13U14053, all legacy ATC&LS (inclusive of legacy PALS) are required to remain operational. Therefore, the ATC&LS Division has a requirement to maintain the legacy PALS at an operational mode to ensure maximum fleet readiness.

This procurement action will procure PALS RF components and assemblies. The PALS that is applicable to this IDIQ is the AN/SPN-46(V) PALS.

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

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The services and materials being procured under this IDIQ are integral to CPI. CPI is the OEM of the ATC&LS RF components and assemblies for the Air Traffic Control systems listed in paragraph 3. CPI is the only company that maintains the data rights, technical expertise, and production level data necessary to support the fabrication of these assemblies without extensive reverse engineering efforts. The Government has neither specifications nor detailed drawings for the systems; only CPI possesses the proprietary technical data that is essential for the manufacturing and performing depot level repair of the system RF components. The Government requested the Level III drawings; a negative response was received from CPI.

In addition, awarding to a source other than CPI would cause extensive reverse engineering costs and schedule delays, resulting in unacceptable programmatic risks and failure to fulfil the Navy’s requirement of maintaining the legacy PALS systems at a fully-operational mode. The cost to reverse engineer, prototype, functionally evaluate, environmentally evaluate, and address logical impacts and would take a minimum to complete. If this equipment is not operational, the Government’s capability to track and land aircraft aboard vessels will be severely restricted, resulting in potential mission failures for fleet aircraft carriers. It is imperative that the original source be used for the AN/SPN-46(V) system procurements to maintain system operability through the required timeframe.

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

The ATC&LS Division conducted market research via the Google search engine and the required Federal Procurement Data System - Next Generation and Dynamic Small Business search sites to ascertain which vendors were capable of providing the required supplies and services. Multiple vendors resulted from a part number search; however, CPI was the only company found capable of meeting these requirements.

A request for information for this requirement was posted via the System for Award Management. No responses were received. A pre-solicitation synopsis was posted. No responses were received.

7. Determination of Fair and Reasonable Cost.

As part of this IDIQ, individual orders will be negotiated on a FFP basis, as applicable. In Accordance With (IAW) FAR 15.402, the Contracting Officer shall ensure that all supplies and services provided under this Contract are procured at a fair and reasonable price. The Contractor will submit a formal price proposal with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. Experienced technical analysts, cost analysts, and Contract Specialists will review CPI’s proposal with the aid of necessary field pricing support. The Contracting Officer will utilize cost and price analysis techniques IAW FAR 15.404-1 as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

LAKEHURST, NEW JERSEY 08773

For the reasons set forth in paragraph 5, the ATC&LS Division has no plan, at this time, to compete future contracts for the types of supplies and services covered by this J&A. As the OEM, CPI is the only company that currently possesses the technical expertise and special tooling required to design modifications and upgrades, and repair associated parts for these complex systems. There are no other sources for spare parts. If another potential source emerges, or the ATC&LS Division becomes capable of receiving the Technical Data Package required for repairs of the ATC&LS components and assemblies, the ATC&LS Division will assess whether competition for future requirements is feasible.

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