22-00112_JA Final.pdf

CUI

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. Agency and Contracting Activity.

This Justification and Approval is to request authority for Other Than Full and Open Competition (OTF&OC) supporting requirements generated for the Air Force Life Cycle Management Center (AFLCMC/Command, Control, Intelligence, Surveillance, and Reconnaissance Division (C2ISR) Division AF Distributed Common Ground Station (AF DCGS), AFLCMC/HBGB. The contracting activity for this requirement is AFLCMC/HBKAB. The purchase request number supporting this contracting action is

FD2399-22-00112.

II. Nature and/or description of the action being approved.

Due to the circumstances described herein, the activity requests authority to add a 9-month option period to contract FA8527-21-C-0001 in accordance with FAR 52.217-9 “Option to Extend the Term of the Contract” using Other Than Full and Open Competition as prescribed by FAR 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This instant action will result in the award of a contract modification to allow for period of performance extension through 30 September 2023. The pricing arrangement for the option will be the same as the current performance period, which includes Firm-Fixed Price (FFP), Cost Plus Fixed Fee (CPFF), Cost Reimbursement No Fee (CRNF). The Period of Performance (PoP) for this modification will be 01 January 2023 through 30 September 2023.

This sole source requirement will be purchased from the following company:

Goodrich Corporation 7 Technology Park Dr Westford, MA 01886-3141 CAGE Code: 05WL4 Large Business

III. Description of the supplies/services required to meet agency needs (including the estimated value).

This requirement is to add a 9-month PoP extension option to contract FA8527-21-C-0001 for continuation of sustainment and logistical support necessary for the AF DCGS Optical Sensor Interface (OSI) software system Ground Segment Plus (GSEG+). This is in order to continually provide near real-time Geographical Intelligence (GEOINT) optical imagery intelligence to critical decision makers. The services are Contractor Logistics Support, which includes program management, engineering services, Contractor Field Support Representatives (CFSRs), technical data, data reporting, and travel. The CFSRs provide critical worldwide operations in support of the United States Air Force (USAF) - AFLCMC/HBG.

GSEG+ operates on the Open Architecture (OA) environment and processes raw sensor data, provides sensor health and status monitoring, sensor control, and sensor screening for Senior Year Electro-Optical Reconnaissance System sensor family baselines, and MS-177 sensor family baselines, provides for Sensor Enterprise Asset Manager Maintenance, post-deployment software support baselines, and support for Initial Operational Capability operations. The GSEG+ support includes Distributed Ground Station (DGS)-1, DGS-2, DGS-C, DGS-4, DGS-5, DGS-X, Detachment (DET)-1, Forward Operating Location, Air National Guard units (DGS-KS, DGS-IN, DGS-MA), Site 2 (Flight Test Facility).

The total contract value of the extension is $6,500,000.00. The basis for the cost was determined by extending the pre-priced Contract Line Item Numbers (CLINs) totals for the current GSEG+ sustainment contract.

PERIOD FISCAL YEAR ESTIMATED TOTAL

9-month option FY23 $6,500,000.00

TOTAL $6,500,000.00

The nominal CLINs anticipated for each period are as follows:

CLIN DESCRIPTION COST QTY U/I

4001 GSEG+ Support CPFF 10 MO 4002 CFSR Support FFP 10 MO 4003 Tech Data & Reports FFP 1 LO 4004 Travel CRNF 1 LO

The period of performance of this new option will be from 01 January 2022 through 30 September 2023. The type of appropriation will be 3400 Operation and Maintenance funding.

IV. Demonstration that the contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

The agency’s minimum needs can only be satisfied by the unique services available from the Original Equipment Manufacturer (OEM), Goodrich Corporation due to lack of vendor(s) access to Goodrich proprietary data and source code. Pursuing this requirement as a full and open competition could compromise national security as data pertaining to specific performance requirements, associated primary mission equipment and locations supported are deemed classified information.

Pursuit of any alternate vendor would result in unacceptable delays for the program. It is estimated to take at least two years for a new vendor to gain a level of understanding to support GSEG+. GSEG+ is expected to be fully operational on OA by third quarter of FY23. GSEG+ requires continuation of support and sustainment until OA is implemented. Future sustainment for this program will be covered by a new 5-year contract merging the OSI and SYERS capabilities into one program encompassing all sensors.

The software does not use any Government Off-The-Shelf software or Commercial Off- The-Shelf (COTS) software packages. The software uses a number of Free/Open-Source Software (FOSS) software packages. Goodrich is the developer of both the sensor and the associated software used to process, exploit, and disseminate the intelligence data from the sensor. Goodrich owns proprietary rights to GSEG/GSEG+ source code and technical data.

On 18 August 2022, the Government contacted Goodrich and requested a quote to sell the full Technical Data Package (TDP) to support GSEG+ sustainment. Goodrich responded on 19 August 2022 and provided the same estimated price of over $500M for the full TDP for GSEG+ that was provided a year ago. The Government would need to provide a new vendor all GSEG+ technical data, deliverable ground software code, and development assets to support qualification efforts. Even if the GSEG+ TDP and software code were available, there would not be sufficient time for a new vendor to develop the GSEG+ and attain an in-depth understanding of the GSEG+ software and its interfaces with the optical sensors before OA is implemented in FY23. To pursue qualifying a new vendor would cause an unacceptable delay in meeting GSEG+ mission requirements.

Accordingly, Goodrich is the only firm capable of providing the requirements described in Section III above without the USAF experiencing unacceptable delay in fulfilling its requirements.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A Sources Sought (SS) / Request for Information (RFI) synopsis was posted to SAM.gov on 07 September 2022 with a response date of 12 September 2022 under the Notice ID FA8527-21- C-0001. The SS/RFI requested responses from interested vendors that possess the expertise, capabilities, and experience to meet qualification requirements for this effort. No vendors responded to the SS/RFI.

The requirement will be synopsized in SAM.gov in accordance with FAR 5.201. It is anticipated that sources having an interest in subcontracting may be identified through synopsis. Any source who responds to the Government as a result of this synopsis will be identified to the prime contractor as a potential subcontracting possibility.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The overall cost of this acquisition will be fair and reasonable to the Government. The contracting officer will solicit the contractor for 9-months of additional scope in order to garner a proposal to negotiate new pricing. Once negotiated the contracting officer will require a certificate of current cost and pricing data that is current, accurate, and complete.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research was conducted 17 April 2022 to 13 September 2022 in accordance with FAR Part 10.001 and 10.002 for the follow on 5-year contract. The same type of work applies to this 9-month PoP extension action, therefore the market research results are relevant for this contract extension. The Market Research Report was completed on 13 September 2022. The market research techniques used are as follows:

As described in Section VI above, a SS/RFI was posted to SAM.gov advising industry of the pending acquisition and soliciting inquiries from interested vendors. The SS/RFI was posted on 07 September 2022. No interested vendors responded to the SS/RFI.

The market research analysis had emphasis on companies with expertise in optical systems support. The analysis was limited to Goodrich (CAGE: 05WL4), Lockheed Martin (CAGE:

0L1E5), and Northrop Grumman (CAGE: 28815). The Government would have to provide any potential contractor with all the technical data, deliverable ground system software source code, engineering, manufacturing, and development assets and sufficient time to develop an in-depth understanding of the ground system (GSEG+). Based on the limiting factor of Goodrich’s proprietary data constraint, Lockheed Martin and Northrop Grumman were determined not capable.

The OSI/GSEG+ system does not fit the definition of a commercial item as defined in FAR Part 2.101. This item is defined as military unique and is not customarily used by the general public or by non-Governmental entities. The Government require a system that interfaces with Government intelligence sensors. There are no software systems in the commercial market with the same or similar capabilities.

There are no opportunities for a small business set aside as required by FAR Subpart 19.5 due to the infrastructure required for this acquisition program. Potential small business opportunities would also be severely limited by the proprietary data issues and the need to limit disclosure of classified or sensitive operational data and mission capabilities relative to existing or required intelligence gathering capabilities.

The market research concluded Goodrich is the only vendor capable of fulfilling the Government’s requirement.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

None.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VI above.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required

AF DCGS plan to remove barriers to competition is utilization of OA, COTS equipment, and standard interfaces for ground stations. These changes will increase the opportunities for full and open competition in the future. Future competition opportunities may also be realized if the Government determines, as acceptable, the feasibility of acquiring the proprietary data rights, either through modernization of components or as an outright purchase of data rights for newly developed applications.

The plan to break barriers to competition in the prior J&A was to continue engaging the OEM on selling the TDP to the Government. That plan was completed, however, the proposed cost of $500M+ by Goodrich is not economically feasible for the Government to consider. Based on fulfillment of the prior plan, the current J&A does not require higher level approval in accordance with DFARS PGI 206.304(a) (S-70) (ii).

XI. Certification by the Contracting Officer.

As evidenced by my signature on the Coordination and Approval Document (CAD), I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) on the CAD, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.