RedactedCJA_APR-39 FY23-25 Production_Clean_signed_Redacted.pdf

CJ&A_23_0049

using . Lastly, the final contract actions will be awarded with an estimated total value of approximately using . The contract will include pricing tables that will allow the procurement of quantities based on the authorized budget.

Estimated Dollar Value ($M) and Major WRAs

Appropriation

FY23-25

TOTAL

Total $ 218M

QTY

FY23-25

TOTAL

Processors 82

Receivers 258

Antennas 410

C(V)2 Upgrade Kits 75

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.

In accordance with Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii)(B) and (iii)(B), the

Government has deemed the requirements listed above to be available only through the original source and award to any other source would result in unacceptable delays in fulfilling the Navy’s requirements.

NGSC is the sole developer, producer and depot repair facility for the AN/APR-39 RWR.

NGSC maintains the product technical data required to integrate and manufacture the AN/APR-

39 RWR. NAVAIR does not possess a full Technical Data Package (TDP) with the necessary level of license rights pertaining to all of the required manufacturing processes, test equipment, automated test programs, and factory tooling necessary to compete the production and associated support services of the AN/APR-39 RWR. NAVAIR only possesses technical data which will allow it to support repair, maintenance, installation and operational handling of the hardware.

On 26 April 2021, the Government requested that NGSC provide a rough order of magnitude

(ROM) cost estimate for a complete Type 3D (3-Dimensional) product level TDP with unlimited data rights in the full system. NGSC responded on 07 May 2021, declining to sell the requested

TDP. Without a full TDP, the Government cannot conduct a competitive procurement to produce and integrate the AN/APR-39 RWR on required platforms or ensure that all components will function correctly with the full Aircraft Survivability Equipment (ASE) suite and mission computer on the host platform.

Award of any of the efforts to any source other than NGSC would result in an unacceptable delay of at least five years. A new source would require three years to develop the new product and approximately one year to verify and prepare the low rate production line. In addition, approximately 12 months would be required to conduct a competition and select a new source.

This estimate is based on subject matter expert analysis of historical information, including the most recent production lots. Any interruption in production would pose critical setbacks to current installation schedules and Combatant Commanders requirements to platforms to self-protect against in-theater threats. Without the hardware, platforms will not have the RWR required for installation, affecting the ability to protect aircrew and complete their mission.

The efforts described herein cannot be performed by a source other than NGSC without unacceptable delays in deliveries to the Fleet. No other type of supplies or services beyond the

AN/APR-39 RWR will satisfy the agency requirements.

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

The Sources Sought Notice required by DFARS PGI 206.302-1(d) was posted on 07 May 2021.

On 17 May 2021, submitted a general capability statement in response to the

Sources Sought Notice. However, NAVAIR Integrated Product Team assessment determined that did not have the necessary equipment and data to produce the AN/APR-39 and are therefore not a capable source. On 03 August 2021, NAVAIR Procurement informed that it would not be considered a potential source for the production of the

AN/APR-39. On 02 August 2022, the Sources Sought Notice was republished and no responses were received. In accordance with FAR 5.201(b)(1), the proposed contact was synopsized on 25

August 2022 and posted on the System for Award Management website. No responses have been received to date; any additional inquiries will be evaluated by the Contracting Officer prior to negotiations. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than NGSC 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 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 plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NAVAIR 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 (J&A #19_0032) 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)(S-70)(ii).

SENIOR PROCUREMENT EXECUTIVE APPROVAL

Upon the basis of the above justification, I hereby approve, as Senior Procurement Executive of the Navy, 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. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.