SNC_JA-Beacon DO Redacted.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 authorizes and approves on a sole source basis the issuance of a Firm Fixed Price (FFP) Delivery Order (DO) under Basic Ordering Agreement (BOA) N68335-19-G-0013 with Sierra Nevada Corporation (SNC) for Automatic Carrier Landing System (ACLS) AN/SPN-46(V) APN-245 Beacons in support of the NAWCAD Webster Outlying Field Air Traffic Control & Landing Systems (ATC&LS) Division.

3. Description of Supplies/Services.

The AN/SPN-46(V) ACLS provides precision landing information to air traffic controllers and pilots during final approach while landing aircraft aboard aircraft carriers. The ACLS also has the ability to automatically land aircraft aboard carriers if conditions require. The ATC&LS Division is the In-Service Engineering Activity and is required to ensure ACLS operability and maintainability through 2040. This action will procure the AN/SPN-46(V) APN-245 Beacons.

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

10 U.S.C. 2304(c)(1), FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

SNC holds multiple data rights as the Original Equipment Manufacturer (OEM) of specific system components and is the only source with the requisite knowledge, technical experience, and production-level data to produce these AN/SPN-46(V) Beacons without extensive and costly reverse engineering efforts. SNC was awarded a sole source IDIQ, N00421-05-D-0010, on 21 December 2004 for AN/SPN-46 Beacons production. The hardware being procured under this order is integral to the AN/SPN-46(V) systems and critical to maintain operational readiness.

The ATC&LS Division conducted research and determined if another vendor provided the support for these requirements, it would impact the ability to support fleet operability and would result in substantial duplication of cost. The ATC&LS requested a Rough Order of Magnitude from SNC to procure Level III production grade drawings to facilitate future competition. The vendor has not responded. In addition, flight safety requirements mandate extensive land-based electrical, environmental, and flight testing in order to qualify a new source for AN/SPN-46(V) ACLS hardware.

If the equipment is not fully operational, the fleet will be directly and adversely affected because the Government’s capability to track and land aircraft aboard vessels will be severely restricted. The Precision Approach Landing System (PALS) equipment is currently experiencing obsolescence issues and additional component obsolescence requirements are projected. As the OEM, SNC is the only company that currently possesses the technical expertise and special tooling required to manufacture the equipment. There are no other sources for spare parts.

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

The ATC&LS Division conducted market research via Google searches and contacted various companies to ascertain their ability to provide the required components. The AN/APN-245 beacon search showed SNC as the OEM. SNC has the required data and personnel critical with the beacon design and was awarded a sole source contract (N00421-05-D-0010) to provide the AN/APN-245 units for fleet aircraft use. Therefore, SNC is the only company that can provide the services and materials required to produce these components without significant cost and schedule barriers.

A Request for Information for this requirement was posted via the Federal Business Opportunities website on 18 September 2019 and closed on 24 September 2019. No responses were received. A pre-solicitation synopsis was posted on 25 September 2019 and closed on 10 October 2019. No responses were received.

7. Determination of Fair and Reasonable Cost.

This order will be negotiated on a FFP basis. In Accordance With (IAW) FAR 15.402, the Contracting Officer shall ensure that the price negotiated is fair and reasonable. The Contractor will submit a formal price proposal with certified cost or pricing data as well as sufficient information to support the accuracy and reliability of the estimate for this order. Each proposal will be reviewed by experienced technical personnel at the ATC&LS Division and the cognizant Contract Specialist with assistance provided by Defense Contract Management Agency and Defense Contract Audit Agency analysts as deemed necessary. The Contracting Officer will utilize various cost and price analysis techniques IAW FAR 15.404-1, including a review of historical data, 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

While SNC is currently the only vendor with a sufficient data package to procure these components, the ATC&LS Division continues to mature the ACLS Technical Data Packages (TDPs). If another potential source emerges, or NAWCAD is capable of procuring/producing the TDP required for these products, the ATC&LS Division will assess whether competition for future requirements is feasible.

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