TAB A_MQ-4C Triton LRIP 7 CJA_Redacted.pdf

CJ&A - 22-0243

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

10 U.S.C. 2304(c)(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, NGSC is the only source that has the unique capabilities and complete data necessary to fulfill the USN’s requirements. NGSC is the sole designer, developer, manufacturer and integrator of the MQ-4C Triton UAS; as such, NGSC is the only known responsible source possessing the engineering data; technical skills; and requisite knowledge of the design, fabrication, performance, and operational characteristics of the MQ-4C UAS required to perform the necessary follow-on production efforts within the required timeframes and without substantial duplication of cost. On 22 April 2008, NAVAIR awarded NGSC the Broad Area Maritime Surveillance UAS System Development and Demonstration (SDD) Contract through full and open competition. Between February 2015 and December 2019, the LRIP Lot 1 through Lot 5 Contracts were awarded to NGSC on a sole-source basis, and NAVAIR anticipates awarding the LRIP Lot 6 Contract modification on a sole-source basis in FY23 Q2.

At this phase in the program, it is estimated that it would take over $4.8B and up to eight (8) years to transition this effort and qualify another source for MQ-4C production, the cost and schedule impacts of which would not be recovered through competition. The NAVAIR Cost Department calculated the Rough Order of Magnitude of $4.8B based on the assumption that the MQ-4C Triton SDD design effort would need to be completely re-done with a new eight (8) year design effort starting in FY23. The estimated eight (8) year timeframe to develop, qualify, and test a new UAS is based on the actual time to conduct the MQ-4C Triton SDD that began in FY08. After the qualification, it would take up to an additional three (3) years to produce the LRIP Lot 7 UAS, thereby totaling eleven years. This timeframe is unacceptable as the number of UAs to support the forward deployed orbits for the life cycle of the program requires the LRIP Lot 7 MOB to be available for tasking no later than FY26 and the LRIP Lot 7 UAs to be delivered and operationally available to the USN starting in FY28. Additionally, RAAF requirements for UAs and MOB availability to support operational tasking are no later than FY28. Award to any other source for the LRIP Lot 7 AAC and Definitization contract would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and would result in unacceptable delays in fulfilling the agency's requirements.

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

A sources sought waiver of DFARs PGI 206.302-1, Request for Information/Sources Sought, was approved on 18 July 2022. In accordance with FAR 5.201, a Pre-solicitation Notice for this requirement was synopsized on the SAM.gov website on 19 July 2022; to date, no responses have been received by the Government. In the event a contractor other than NGSC expresses interest in a procurement, the Contracting Officer will review the contractor’s qualifications and address accordingly. For reasons set forth in Paragraph 5, no additional market research was conducted

CJ&A - 22-0243

because it is not practicable for any company other than NGSC to provide the subject 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 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).