TAB_A_NGJ_MB_MBX_CJA_23-0134_Signed_03APR2024_Redacted.pdf

CJ&A_23-0134

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), unacceptable delays in fulfilling the agency’s requirements would be incurred if the NGJ MBX efforts were procured through another source. The Navy requires Initial Operational Capability of the NGJ MBX system by FY27 to meet a known threat. At this time, only Raytheon, as the sole designer, developer, and manufacturer of the NGJ-MB system can successfully deliver

MBX capability without unacceptably high technology maturity risks and schedule delay in fulfilling the Navy’s requirement. Multiple NGJ-MB subsystems including arrays, Advanced

Frequency Converter Module, Radomes, and pod software are required to be updated to extend

NGJ-MB frequency capabilities. Pursuing a different contractor to design, develop, and deliver

NGJ MBX would result in a delay of at least five years to produce an equivalent High Power

Amplifier (HPA) capability. This estimate is based upon the amount of time that was necessary for the current HPA to be fully qualified through the Office of Naval Research (ONR) Defense

Production Act (DPA) Title III HPA technology development program. This delay would negatively affect the ability for the Navy and RAAF to counter enemy Electronic Attack threats, impacting Fleet operational capability and lethality.

The Government will not receive the final Technical Data Package (TDP) for the NGJ-MB system until completion and closure of the Capstone Physical Configuration Audit (PCA) expected in FY24. The Government will have an immature and incomplete TDP when the MBX

NRE effort begins. In accordance with NGJ-MB Engineering Manufacturing Development

(EMD) contract H-4 Clause for Ordering and License Rights in Technical Data, the Mid-Band

Array HPA detailed manufacturing of process data was developed exclusively at private expense and will be delivered with limited rights as part of the TDP delivery. The highest levels of NGJ

MBX technology risk are associated with array HPAs and circulators. Raytheon originally developed the HPA and the Application Specific Integrated Circuit (ASIC) II for beamforming.

These critical components are associated with Key Performance Parameter (KPP) capabilities such as Effective Isotropic Radiated Power and are critical to mission performance. Without this data an alternate vendor will not possess the requisite detailed manufacturing design data to integrate MBX capability into NGJ-MB pods.

For this reason, this effort cannot be performed by any source other than Raytheon without unacceptable delays in fulfilling the agency’s requirements to the Government.

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

The Sources Sought required by Defense Federal Acquisition Regulation Supplement

(DFARS) Procedures, Guidance, and Information (PGI 206.302-1) was posted on the System for

Award Management (SAM) website on 08 February 2023 and no responses were received. In accordance with FAR 5.201, the proposed contract was synopsized on the SAM website on 24

February 2023 and no other sources expressed an interest in this requirement. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph five (5) above, for any company other than Raytheon to provide the required supplies and services.

CJ&A_23-0134

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.

Once the TDP is delivered, it will be evaluated to determine what, if any aspects of the NGJ-MB program may be candidates for competitive procurement, including but not limited to sustainment phase of the program. A decision to competitively procure future requirements will be made pending appropriate business case analysis.