TAB A_NAVAIR CJA_MST_Clean_01.11.2024_Redacted.pdf

CJ&A No 23-0175

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 sole source contract actions to Raytheon Company (Raytheon) (previously Raytheon Missiles & Defense (RMD), 1151 E. Hermans Road, Tucson, Arizona for follow on support of Maritime Strike Tomahawk (MST) requirements. Authority to act under this CJ&A expires on 30 September 2030.

3. Description of Supplies/Services.

This CJ&A authorizes the procurement(s) of an estimated MST Seeker suite quantity of 837 kits (FY24-28) and any additional quantities as authorized and appropriated by Congress for the US Navy (USN) or other DoD Service customers and potential Foreign Military Sales (FMS).

Additionally, this CJ&A authorizes procurement of the following support for MST:

- Production line improvements

- Technical Data Package (TDP) maintenance

- Management and mitigation of Seeker suite obsolescence to include lifetime buys and/or engineering analysis and testing as required to qualify replacement sub-components

- Procure MST spare components for Fleet repairs on the TACTCOM Depot effort

- Design and development required to expand MST launch platforms to include US Marine

Corps and US Army launchers

- Ultra 1.2 integration and testing to include Modeling and Simulation updates, Model- Based

System Engineering efforts, and Verification, Validation, and Accreditation (VV&A) activities

- Production and Special Test Equipment, tooling, and process improvements and changes required for Ultra 1.2

- Electromagnetic Environmental Effects full envelope testing

- Planning and analysis in support of future maintenance software builds

- Reliability Analysis for any delta parts/components to be utilized

- Correction of deficiencies identified and documented during initial Developmental and

Operational Testing (DT & OT) of MST

DEPARTMENT OF THE NAVY

PROGRAM EXECUTIVE OFFICER FOR

UNMANNED AVIATION AND STRIKE WEAPONS

RADM WILLIAM A MOFFETT BUILDING

47123 BUSE ROAD BLDG 2272

PATUXENT RIVER, MD 20670-1547

- Future Midbody Range Safety Subsystem (MRSS) kit modifications for support of MST test requirements

- Efforts required to utilize full range of passive sensor.

The total estimated dollar value of associated contract actions is anticipated to be as depicted in the following table.

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.

Pursuant to Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii), NAVAIR has determined the required supplies and services are available only from the original source and award to any other source would result in substantial duplication of costs, which the Government is not expected to be recovered through competition. The NAVAIR Program Office estimates the duplicative cost to be upwards of $877M, based upon the estimated cost of the requisite design, testing, additional production tooling and test equipment, and requalification of a new contractor’s missile system. The Government could not expect to recover these costs through competition.

As a result of a competitive procurement in 1994, Raytheon was selected as the sole producer of the Tactical Tomahawk (TACTOM) missile and depot maintenance. Raytheon maintains and controls both the Level III TDP and the manufacturing documentation for the TACTOM missile and associated Government special tooling, special test equipment, and Government property due to the performance-based nature of the TACTOM missile development and production contracts. The USN has not procured TDPs adequate for competition of the TACTOM missile, associated support, and added capabilities due to integration complexities. Further, RMD is not willing to sell the USN the Level III TDP, which would be required for a competitive procurement.

Raytheon is the only known source that currently possesses the required technical knowledge, expertise, data, and facilities required to develop, produce, and integrate MST capabilities necessary to meet USN Fleet, other DoD Service customer and FMS customer operational requirements.

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

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance and Instruction (PGI) 206.302-1, a sources sought waiver was approved. In accordance with FAR 5.201(b), NAVAIR synopsized the FY24 requirement on SAM.gov on 6 April 2023 and received no responses. No additional market research was conducted because it is not practicable for any company other than RMD to provide the required supplies and services for the reasons discussed in paragraph five. NAVAIR will synopsize future contract actions, evaluate any responses received prior to contract award, and refer any interested parties to Raytheon for subcontracting opportunities. In the event the evaluation of responses reveals the potential for an alternate source, NAVAIR will perform additional market research and reassess the feasibility for competition. Future contracts awarded to Raytheon for these requirements will only be executed after determining that Raytheon is the only responsible source for satisfying the requirements.

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 five, NAVAIR has no plans at this time to compete future contracts for the types of supplies and services covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible by conducting market research.

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 CJ&A 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).