Redacted JA 20_0347 29SEP2020.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A MOFFET BUILDING

47123 BUSE ROAD, BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

J&A _20_0347

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Systems Command (NAVAIR) Headquarters

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves the issuance of a contract action on a sole source basis to Raytheon Company for procurement of software system architecture and design; software analysis; coding, integration and testing; and associated software and systems engineering in support of the MQ-8 Tactical Control System (TCS).

3. Description of Supplies/Services.

The Contractor shall provide software system architecture and design; software analysis; coding, integration and testing; and associated software and systems engineering in support of the MQ-8 TCS.

Further, the Contractor shall provide enhancement efforts, to include, migration to an Unmanned Air Systems Control Segment (UCS)/Common Control System (CCS) architecture, Command and Control modernization, automated software testing, future payload integration, engineering trade studies that will support future software development and enhancement, and Fleet Response Activities and Capability Deficiency Packages that will augment baseline software development and enhancement efforts. This contract will have a five-year Period of Performance (PoP) from 2021 to 2026, in order to continue the development and enhancement of the TCS software in accordance with MQ-8 program requirements. In addition, this contract will include Option Contract Line Item Numbers for Fleet Response Activities and Capability Deficiency Packages and software releases to support engineering, test, and fleet use for each year within the PoP.

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

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

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5. Rationale Justifying Use of Cited Statutory Authority.

In 1998, Raytheon Company was awarded a competitive contract to design and develop the TCS. TCS serves as the baseline control system for the MQ-8 Fire Scout System. Raytheon is presently the only qualified source with the unique knowledge of the TCS design and system architecture and technical expertise required for the integration of existing software modules and the necessary software and engineering support required for the development of new MQ-8 System capabilities and/or payloads. The

TCS software, and its relation and interaction with the MQ-8 air vehicle software, is extremely complex and requires a full understanding of the Fire Scout System prior to conducting effective modification, upgrade, and integration. Upcoming builds of software will introduce Link-16, Passive Targeting, the

COBRA Blk II payload, and correction of deficiencies. Any incomplete analysis of the logic and safeguards of the Fire Scout System, as a whole, would lead to a significant increase in software trouble reports and create unacceptable delays. Award of this work to any company other than Raytheon

Company would require development of a technical data package (TDP) and qualification of the second source. In addition, time would be required for a second source to become familiar with TCS baseline software coding, and achieve a sufficient understanding of the overall Fire Scout System in order to execute and deliver the required supplies and services described in paragraph 3 of this J&A. The PMA estimates that development of a TDP and qualification of a second source would result in a delay of 18-24 months in meeting future program milestones and release of capability to the fleet. As a result, only

Raytheon Company can successfully provide the supplies and services covered under the authority of this

J&A without causing undue delays in fulfilling the Government's requirement and release to the fleet.

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

PMA-266 routinely performs surveillance of the Unmanned Air Vehicle Industry; however, for the reasons discussed in paragraph 5, it is not practicable at this time, for any other company other than

Raytheon Company to provide the required supplies and services. Companies expressing interest in this procurement will be advised of qualification requirements and subcontracting opportunities.

Requests for Information (RFI) or Sources Sought (SS) requirements, pursuant to Federal Acquisition

Regulation (FAR) 5.204 as a special notice, have been waived in accordance with Defense Federal

Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 206.302-1(d) per SER AIR 2.4.2-18-219. In accordance with FAR 5.201, a Pre-Award Synopsis was issued on 21 May

2020 for this contract action under this authority, which specifically stated the Government’s intent and rationale to contract on a sole source basis with Raytheon Company. To date, no other source has expressed an interest in this contract action. In the event a contractor other than Raytheon Company expresses interest in this contract action prior to award, the Contracting Officer will review the

Contractor's qualifications and address accordingly.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services ordered under this contract are procured at a fair and reasonable price. Raytheon Company will submit a formal price proposal with certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. Raytheon Company's proposal will be reviewed by experienced technical analysts, cost analysts and contract specialists with the aid of necessary field pricing support. Costs will be analyzed on an element-by-element basis using historical cost data from efforts that are similar in nature. The Contracting Officer will utilize cost and price analysis as the basis for negotiating a fair and reasonable price.

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8. Actions to Remove Barriers to Future Competition.

The efforts covered under this J&A are required to be performed subsequent to the TCS development work under existing Raytheon Company Contract N00019-16-C-0027. For the reasons set forth in paragraph 5, PMA-266 has determined not to compete this immediate action. At this time, Raytheon

Company is the only contractor with the requisite knowledge, experience, and technical data that can meet the Government’s requirements. However, the work specified herein is in support of the continued transformation of the TCS to the UCS/CCS Architecture, which will ultimately allow future vendors the opportunity to offer open architecture services for increased fleet capability.

Because this effort is a follow-on for supplies and services previously awarded on a noncompetitive basis, in accordance with DFARS PGI 206.304(a)(i), the prior J&A was provided to the approval authority to review. Approval of this J&A signifies the approval authority made the determination required by DFARS PGI 206.301(a)(ii).