SDAW COLLINS CJA_REDACTED_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND

RADM WILLIAM A. MOFFET

BUILDING 47123 BUSE ROAD,

BLDG 2272

PATUXENT RIVER, MARYLAND 20670-1547

IN REPLY REFER TO.

CLASS 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 Class Justification and Approval (CJ&A) authorizes and approves the issuance of multiple Cost-Reimbursement and Fixed-Price orders on a sole source basis under Basic Ordering Agreement with Collins Aerospace, Cedar Rapids, IA in support of the Collins Aerospace TacNet radio series. Authority to act under this CJ&A expires on 30 September 2029.

3. Description of Supplies/Services.

This CJ&A covers the procurement of Government Furnished Equipment (GFE) repairs to include the materials and services necessary to repair, inspect, modify, and/or return to ready-for-issue condition items of Government Property. Additional tasking may include program and obsolescence management and other program related support for the TacNet radios;

determining the cause of specific system or component failures; proposing corrective actions.

Estimated Dollar Value (In Thousands) FY25 - FY29 Total

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.

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 schedule delay. The TacNet radio is highly specialized equipment, which requires a technical data package in order to service and repair the radios.

Collins Aerospace is the Original Equipment

CJ&A 25-0125

Manufacturer (OEM) of both the hardware and software of the TacNet radios. The Government does not possess adequate data or the rights necessary to competitively award this requirement.

As the sole designer, developer, and OEM, Collins Aerospace is the only company that has the ability, resources, technology and documentation necessary to repair, maintain and support the TacNet radios. On 26 September 2024, the NAVAIR Procurement Group requested from Collins Aerospace the complete technical data package for the TacNet Radio. Collins Aerospace responded on 10 October 2024 via email to NAVAIR's request by stating the company was "not willing to sell" the technical data package. Award to any other source would result in unacceptable delays in fulfilling the agency's requirements, to include the time required to develop a new technical data package and qualify a new source based on that technical data package. The program office estimates that it would take anywhere from four

(4) to six (6) years to develop a similar radio with a new company. This timeline does not align with the US Navy's requirement. The Government is unable to compete this requirement without the technical data and associated rights. Therefore, Collins Aerospace is the only known responsible source to meet the requirements to repair the TacNet radios.

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 USG's requirement. The Request for Information (RFI)/Sources Sought (SS) requirement, a special notice under FAR 5.205(c), was released on 6 January 2025 with a due date of 21 January 2025. A response was received on 8 January 2025 from BHPE LLC as an interested vendor. BHPE LLC advised that they were working on the requested information and would share it soon. To date, no additional information has been provided. The notice required by FAR 5.201 (b) was posed to SAM.gov on 22 January 2025 with a due date of 6 February 2025 stating the US Navy's intention to award a sole source contract. No responses were received within the time period of the posting.

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 paragraph (5) and (6), NAVAIR has no plans to compete future contracts for the type of supplies and services covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.

CJ&A 25-0125

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)(S-70)(i), the prior J&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).