TAB A1_CJA_MQ-9 MUX MALE_final_Redacted.pdf

CJ&A: 21-0382

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 orders on a sole source basis to General Atomics-Aeronautical Systems Inc. (GA-ASI), Poway, CA under an active Basic Ordering Agreement (BOA) and any subsequent Agreement. The BOA delivery orders will procure supplies and services in support of the MQ-9 Reaper Marine Air Ground Task Force (MAGTF) Unmanned Aircraft System (UAS) Expeditionary (MUX) Medium Altitude Long Endurance (MALE) System (“MQ-9 MUX MALE System”) for PMA-266.

Authority to act under this CJ&A expires on 31 January 2027.

3. Description of Supplies/Services.

This CJ&A covers the procurement of supplies, services and associated data in support of the MQ-9 MUX MALE System, including, but not limited to: (1) the conversion of two (2) existing MQ-9A Block 5 Reaper air vehicles to an Extended Range configuration and associated ground control stations, components, terminals and spares; (2) recurring and non-recurring engineering, investigations, analyses, surveys, and studies; (3) training and associated support; (4) hardware and support equipment, including kits, consumables, materials, spares, and repair parts; (5) programmatic, engineering, logistics, and other technical support; (6) Engineering Change Orders (ECOs), Engineering Change Proposals (ECPs), upgrades, and modifications to the MQ-9 MUX MALE System and associated equipment; (7) obsolescence support; (8) software builds and sustainment; (9) testing, flight demonstration support, deployment, and deployment support;

(10) cybersecurity support; and (11) providing related technical, financial and administrative data. Quantity, period of performance, and delivery requirements will be established in each order. This CJ&A covers a five-year ordering period. The estimated value of orders under authority of this CJ&A

Estimated Dollar Value

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

10 U.S.C. 3204(a)(1) (formerly known as 10 U.S.C. 2304(c)(1)1), Only one responsible source and no other supplies or services will satisfy agency requirements.

1 10 U.S.C. 2304 was transferred to 10 U.S.C. 3204 effective January 1, 2022. This document uses the new statutory numbers.

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with FAR 6.302-1(a)(2)(ii)(B) and (iii)(B) unacceptable delays in fulfilling the agency's requirements would be incurred if these requirements were procured through another source. GA-ASI is the only source that has the unique capabilities and complete data necessary to fulfill the Navy’s requirements. Since 2005, GA-ASI has been the sole designer, developer, manufacturer, and integrator of the MQ-9 UAS and its related equipment. As such, GA-ASI has the unique capabilities to fulfill the orders as it is extremely familiar with the work that is required to continue to produce, test, upgrade, and support the MQ-9. It has the experienced staff, necessary plants, equipment, suppliers, and technical understanding of what is required by the orders resulting in the unique capability to address the interrelated impacts of each order on each other and on other parts of the MQ-9 system/program. Further, GA-ASI is the only entity that owns a complete Technical Data Package that would be necessary to successfully complete the orders under this CJ&A. A competitive award to any company other than GA-ASI would require the development of an alternative Technical Data Package and qualification of a second source, including assessment of their production practices. It is estimated a minimum of 24 months of additional design, development, and test to qualify and certify a new airframe, Ground Control Station (GCS), and supporting equipment for the Fleet through another source would be required; this estimate is based on USMC-unique payload and platform changes in support of MUX MALE objectives already under taken by GA-ASI and critical technology sub-vendors via Independent Research and Development (IRAD) and trade study efforts (e.g.: store station compatibility, weight, space and power consistent with MQ-9 capabilities). These sub-systems are at or beyond the initial product baseline (Critical Design Review) stage and would have to be reset to preliminary designs (functional allocations) if another platform were utilized, causing 12-16 month delays for each sub-system. Additionally, without MQ-9 detailed design interface data, the pursuit of alternate sources would require major platform redesign activities and a pause on payload development until new flight envelopes, SWAP-C, and outer mold line effects could be assessed; this additional effort would add 12-14 months, not including additional procurement/competitive selection timelines. This delay is unacceptable because it would result in failure to meet Deputy Commandant for Aviation, USMC stakeholder, and approved Acquisition Strategy Early Operational Capability requirements by 4th Qtr 2023. Furthermore, the delay would result in the inability to meet the USMC Force Design 2030 schedule. For these reasons, GA-ASI is the only responsible source that has the unique capabilities and data to be able to fulfill the Navy’s requirements set forth in the orders.

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

PMA-266 undertook Market Research activities to arrive at the most suitable acquisition and subsequent contracting approach to acquiring a Group 5 UAS for the Navy; Market Research of a number of candidate UASs deemed to have the most potential to overcome identified capability shortfalls, to include industry days and Prize Challenges, was conducted. PMA-266 continues to maintain a constant survey of the industry market and has identified no other sources capable of satisfying the Government’s requirement. These efforts include briefs from Industry, feedback from Headquarters Marine Corps Deputy Commandant for Aviation and Deputy Commandant for Combat Development and Integration staffs (for areas such as results of business development briefs they receive, and ongoing requirements generation work), and from recurring meetings and reviews with USAF counterparts regarding the MQ-9A ER program.

In accordance with FAR 5.201, a Sources Sought was posted for the proposed BOA via the beta.SAM.gov website on 17 June 2021, and a pre-solicitation notice was posted via the beta.SAM.gov website on 02 July 2021; no other potential sources expressed an interest in this requirement. A pre-award solicitation notice will be posted to the beta.SAM.gov website for each BOA order. If any responses or inquiries are received, they will be evaluated by the Procuring Contracting Officer (PCO) accordingly.

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 and services covered by this document. If another potential source emerges, NAVAIR will assess whether competition for future requirements is feasible.