Redacted Justification and Approval.pdf

J&A Number: 24-103

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Weapons Division (NAWCWD) China Lake, CA

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves on a sole source basis a contract modification providing additional materials on contract N6893623D0042, a five-year Cost Plus Fixed Fee (CPFF) Indefinite Delivery, Indefinite Quantity (IDIQ) contract awarded on a sole source basis to Raytheon Company (hereinafter referred to as Raytheon) (CAGE Code 15090) of Tucson, AZ on 11 July 2023.

3. Description of Supplies/Services.

The proposed modification will provide for a ceiling increase of $9.48M to the materials contract line item number (CLIN). The contract provides upgrades to a baseline of systems developed and produced by Raytheon. These systems include: Air Intercept Missile (AIM-9); AIM-120 Advanced Medium Range Air-to-Air Missile (AMRAAM); AGM-65 Maverick; AGM-154 Joint Standoff Weapon (JSOW); Tomahawk Missile; XM982 Excalibur; BGM-71; Tube-launched, Optically tracked, Wire-guided (TOW) Standard Missile; Evolved Sea Sparrow Missile (ESSM);

Talon; Rolling Airframe Missile (RAM); Pyros; Small Diameter Bomb II (SDB II); and Griffin Missile. Also included are Line of Sight/Non-Line of Sight (LOS/N-LOS) technologies for seekers, multi-mode seekers, tube-launched Unmanned Aircraft Systems (UAS), autonomous weapons employment and precision targeting, and similar applications. Tasking will include technology demonstration efforts, product improvement initiatives, technology insertion and transition activities, integration of various warfare systems, mission analysis, mission architecture, participation in Concept of Operations (CONOPS) development, military utility analysis, and weapon demilitarization. The additional tasking is Tomahawk-specific, and the additional materials will be used for research and development associated with the Tomahawk system. The NAWCWD Weapons and Energetics Department, D0AH200, is the technical lead for this contract.

Estimated Dollar Value

FY24 FY25 FY26 FY27 FY28 Total [Redacted] $9.5M Total $9.5M

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.

Raytheon is the only company with the historical knowledge, weapons specific expertise, and data rights necessary to meet the Government’s requirements. The upgrades to the numerous weapon systems outlined above in Paragraph 3 are deemed only available from Raytheon, as award to any other source would result in unacceptable delays in fulfilling those Government requirements. It was found that the original Independent Government Cost Estimate (IGCE) dated 14 December 2021 and the Individual Streamlined Acquisition Plan (ISTRAP) approved 21 June 2022 included material costs estimated at [Redacted] and a total estimated contract ceiling of [Redacted]. The original J&A was also approved at this [Redacted] threshold.

N6893623D0042 was then awarded based on the contractor’s proposal at a total ceiling of $35.7M. The existing contract will fall short of materials requirements to support the testing and evaluation needed to incorporate new technologies into the Raytheon weapon systems.

Additional demand from the Fleet has also specifically identified the Tactical Tomahawk (TACTOM) Joint Multiple Effects Warhead System (JMEWS) as one of the focal points needed to increase tactical availability as a critical weapon system. In order to correct the understated materials CLIN ceiling and to properly address the increased demand, the proposed modification will provide for a ceiling increase to the existing materials CLIN, which will result in an increase in the total contract value from $35.7M to $45.2M.

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

In accordance with FAR 5.202(a)(11), the proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of 5.207 with respect to the current proposed contract action. In support of award of the existing contract, a Sources Sought announcement was posted to Contract Opportunities in SAM.gov on 16 December 2021 in accordance with DFARS PGI 206.302-1(d). No responses were received. A subsequent Sources Sought announcement was posted on 07 August 2024. The announcement closed on 26 August 2024. Two responses were received. The TPOC reviewed their capabilities statements and determined that neither were capable of meeting the Government’s requirements. Letters were issued to both respondents on 3 September 2024 with a request to respond by close of business on 4 September 2024. The first respondent accepted the determination. The second respondent has not been responsive. No additional market research has been conducted because it is not practicable, for the reasons discussed in Paragraph 5 above, for any company other than Raytheon to provide the required supplies and 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 J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

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

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