15-528_Exception_to_Fair_Opportunity_JA_150318.pdf

Justification for Exception to Fair Opportunity for

Advanced Technology Support Program III (ATSP3) Indefinite Delivery / Indefinite Quantity (ID/IQ) Task Order Contract

I. Agency and Contracting Activity: Office of Secretary of Defense, Defense Microelectronics Activity (DMEA)/ MEEB Contracting Office Justification for an Exception to Fair Opportunity in accordance with 16.505(b)(2).

II. Nature and/or Description of the Action Being Approved:

This is a new task order under the basic IDIQ contract, H94003-04-D-0002-(BAE), F-35 Reprogramming Laboratory Electronic Warfare Test System (EWTS) for South Korea, Japan & Israel, Foreign Military Sales

(FMS).

III. Description of the Supplies/Services Required To Meet the Agency’s Needs (including the total estimated value, including options, if any):

Naval Air Warfare Center, Weapons Division (NAWCWD) has been directed to establish the Reprogramming Center West (RC West) capability in support of the F-35. The RC West is being developed to address the requirement for operational Mission Data (MD) reprogramming for the F-35 and the ability to perform mission data verification. The objective is for the F-35 customer base, including Foreign Military Sales (FMS) and partner nations as determined by the Joint Programming Office (JPO), to have a reprogramming capability for the development and sustainment of operational MD.

The primary purpose of the RC West is to provide a specialized environment to design, develop, test, and deploy Mission Data Files (MDFs) to the customer. RC West is segmented into multiple functional areas to accommodate multiple customers and multiple configurations.

The Electronic Warfare Test System (EWTS) provides a specialized test environment to determine the effectiveness of Electronic Warfare (EW) MDFs. This will be accomplished by stimulating the AN/ASQ-239 EW Suite with Radio Frequency (RF)-based emitter characteristics. The EWTS will allows MD developers to iteratively test EW MDFs prior to integrated F-35 system testing in the Verification and Validation System (VVS).

The estimated cost is $18,025,000.

IV. Identification of the Exception to Fair Opportunity (Authority Cited):

FAR 16.505(b)(2)(i)(C), The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

The original effort for the RC West subsystem was under CET 14-441, H94003-04-D-0002-0106 and awarded to BAE. The purpose of this task was to provide engineering and design inputs into NAWCWD designs of RC West subsystems and plan for future development and integration of those subsystems into a capability for the F-35 Joint Strike Fighter that functions as the first increment of development for the Verification & Validation System (VVS).

The original effort was posted on the DMEA Opportunity web page and was accessible by all DMEA ATSP3 prime contractors. This constituted a fair opportunity to be considered for the effort in accordance with FAR 16.505(b)(1). The Fair Opportunity posting resulting in only one positive response, BAE.

This EWTS task, CET 15-528, implements the critical design package developed on CET 14-441 by BAE. The EWTS design consists of several subsystems that require the use of Prime Mission Equipment (PME) from BAE’s AN/ASQ-239 EW Suite as well as BAE’s counter measures test bench, electronic support measures test bench, modified JSF interface box and mission data file generator software. BAE is the sole developer and manufacturer of the F-35 AN/ASQ-239 EW Suite.

In the interest of economy and efficiency, it is logical that the EWTS would be built by BAE with their knowledge of the AN/ASQ-239 EW Suite. Another contractor would have to obtain and collect the data and materials to build the EWTS as well as meet the DD254 requirements and the F-35 MDF development schedule. Another system cannot be substituted for the EWTS without a significant redesign and a lengthy PME acquisition process which would be very costly and high risk. Independent government analysis of the work to be performed under this CET has determined that the use of vendors other than the incumbent would prove to be both cost and schedule prohibitive.

V. FAIR AND REASONABLE COST DETERMINATION:

"I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable." Actions to insure reasonableness of the price will be accomplished using procedures and criteria contained in FAR 15.4. Cost and pricing data will be requested. Detailed documentation and justification of price reasonableness will be set forth in the Price Negotiation Memorandum.

NAME: Jeanne Woodcock DATE: _________________________

TITLE: Contracting Officer SIGNATURE: __________________

VI. Additional Fact Supporting this Justification:

Impact If This Exception to Fair Opportunity is not Approved - If the Exception to Fair Opportunity is not approved, the microelectronics-based AN/ASQ-239 Electronic Warfare (EW) Suite system will not be fully capable of supporting the Reprogramming Center West (RC West) capability in support of the F-35 Mission Data File development and verification schedule. This degrades the South Korea, Japan and Israel F-35 aircraft EW capability which endangers the mission of the aircraft and the aircrew.

VII. Actions to Remove or Overcome Any Barriers that Led to this Exception to Fair Opportunity.

The original task (CET 14-441) was posted for Fair Opportunity and the current contractor (BAE) was the only contractor of the eight ATSP3 contractors to respond to microelectronics-based AN/ASQ-239 Electronic Warfare (EW) Suite test system requirements. The Government reviewed the other contractor’s capabilities to perform this task in a timely and cost effective manner, but the Government does not have the specifications for parts of the BAE EW suite that are required for use in the test system. However, the government will endeavor to attain specifications that may be used in the future to describe the EWTS in adequate detail to enable competition of a mature system.

VIII. CONTRACTING OFFICER CERTIFICATION:

"I certify that this J&A is accurate and complete to the best of my knowledge and belief."

NAME: Jeanne Woodcock DATE: _________________________

TITLE: Contracting Officer SIGNATURE: ___________________

IX. TECHNICAL or REQUIREMENTS CERTIFICATION:

“I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.”

NAME: Gary Ferlaak DATE: _________________________

TITLE: Project Engineer SIGNATURE: ____________________