47QFWA24K0024-Limited Source Justification.pdf

CUI//SP-SSEL

Limited Source Justification (LSJ)

FAR Part 8-Federal Supply Schedules General Services Administration

Federal Acquisition Service

1. Requiring and Contracting Activity

a. Requiring Activity: Air Force Life Cycle Management Center (AFLCMC) 1865 4th St. Wright Patterson AFB, OH 45433

b. Contracting Activity: General Services Administration Federal Acquisition Service AAS Air Force/Navy/Space Force Business Unit

c. Contracting Officer: Kenneth Miller

d. Acquisition ID: 47QFWA24K0024

e. Estimated Value of This Action:

f. Period of Performance or Delivery Date: August 31, 2024, through November 30, 2025 (15 Months)

2. Nature and/or Description of Action:

This Limited Source Justification and approval is being requested to support the Air Force Life Cycle Management Center (AFLCMC) requirement to complete a Technical Maturation Effort (TME) to integrate Link 16 Tactical Data Link (TDL) with the MQ-9A aircraft utilizing the Cavok Tactical Situations (TacSit)/Air Defense Systems Integrator (ADSI) Link 16 Integration. This LSJ seeks to limit consideration to Focused Support, LLC, the only vendor who solely owns and has access to the authorized Cavok source code needed to perform integration services for this requirement. The Government intends to restrict competition by issuing a request for quote (RFQ) to Focused Support, LLC, under the GSA Multiple Award Schedule (MAS) (47QTCA23D009N), in accordance with FAR 8.405-6(a)(1)(B). Only one source is capable of providing the supplies or services required because this particular software and source code is essential to the Government’s requirement. A Time-and-Materials (T&M) task order is contemplated for Labor with a Direct Reimbursable Contract Line-Item Numbers (CLINs) for Order Level Materials (OLM) and Travel Costs.

3. Description of Supplies or Services:

Link 16 is the designation of a TDL that is being fully integrated into operations of the Joint Services, the forces of the North Atlantic Treaty Organization (NATO), and other Allies. The general purpose of Link 16 is the exchange of near real-time tactical data among military units across a digital interface. A fully integrated Link 16 capability is a prerequisite for a full weapons system integration into the Joint All-Domain Command and Control (JADC2). The Cavok TacSit is the current fielded platform utilized by MQ-9A aircrew and Squadron Operations Center (SOC) personnel to both mission plan and execute, providing situational awareness throughout all phases of operations. The MQ-9A Link 16 TME integrated the L3 Harris KOR-24A Small Tactical Terminal (STT) onto the MQ-9A aircraft and provided basic Non-C2 Link 16 capabilities to the platform.

AFLCMC has completed a TME to integrate Link 16 TDL with the MQ-9A aircraft.

AFLCMC has the need to integrate Link 16 capability developed under said TME into the commercial off-the-shelf MQ-9 Cavok tactical situation software. Cavok TacSit ADSI Link 16 Integration is needed to develop the Cavok Link 16 capability and fulfill Air Force System Interoperability Testing (AFSIT) and Joint Interoperability Test Command (JITC) certification.

4. Authority:

Orders placed under Federal Supply Schedules are exempt from the requirements in FAR Part 6. However, FAR 8.405-6 requires an ordering activity to justify its actions when restricting consideration of schedule contractors to fewer than required in FAR 8.405-1 or 8.405-2. This acquisition is conducted under the authority of the GSA Multiple Award Schedule (MAS) Program. The specific circumstance that justifies restriction for this acquisition is FAR 8.405-6(a)(1)(i)(B), Only one source is capable of providing the supplies or services at the level of quality required because the supplies or services are unique or highly specialized.

Market Research revealed there is one (1) capable source, Focused Support, LLC who owns the Cavok software and has access to the authorized Cavok source code needed to allow for successful integration of the software into the MQ-9A aircraft. The source and results of this market research information is set forth below. Additionally, in accordance with (IAW) FAR 8.405-6(a)(2)(B), this justification will be posted to the GPE for a minimum of 30 days.

5. Justification Rationale:

The required Link 16 TDL for the MQ-9A aircraft, used by Joint Services, the forces of the NATO, and other allies, must comply with the Air Combat Command’s (ACC’s) authorized data link software. The MQ-9 Program Office has been developing Link 16 for application on the MQ-9 aircraft since 2019. The culmination of this development is now shifting more into the integration phase. The integration of Link 16 onto the MQ-9A aircraft is being conducted by the MQ-9 Program Office, with ACC as the Lead Integrator.

The ACC has authorized the Cavok TacSit to be the only acceptable TacSit for the MQ-9 aircraft. ACC, a Major Command (MAJCOM) within the U.S. Air Force, has selected Cavok software as the prime TacSit display/software for operations. The TacSit enables the control and functionality of targeted Link 16 aircraft components.

Based on research conducted during this acquisition, Cavok is a next generation, real time high performance TacSit designed and developed by Focused Support, LLC. Focused Support, LLC is the only vendor who can integrate the new capability into their propriety software, Cavok. There is no other vendor (including third party vendors) possesses the Cavok source code to enable successful integration of Link 16 into the MQ-9A aircraft.

Moreover, there are no authorized resellers of Cavok software or source code.

The AAS Innovation Business Unit has already procured the Cavok software under a separate task order (47QFLA21F0263) awarded to Sigma Defense Systems, LLC. The task order was awarded on 09/23/2021, with a 12-month base period and four, 12-month option periods. The task order completion date is 09/26/2026. This requirement was specifically to support the integration for other remotely piloted vehicles, along with the procurement of the Cavok licenses. Although the licenses were needed for the other remotely piloted vehicles, the MQ-9A actual integration of the Link-16 was outside of the scope of their current task order. Although the AAS Innovation Business Unit’s task order was awarded to Sigma Defense Systems, LLC, Focused Support LLC performed as the subcontractor and was responsible for providing the Cavok software licenses. The total dollars expensed by the AAS Innovation Business Unit for software licenses thus far to procure the licenses is $3.4M. Since the requirement for Cavok licenses extended beyond 2026, a separate software procurement for Cavok licenses will be handled by the client in 2026. This estimated value of this procurement is approximately $12.9M. Should this LSJ not be approved, the AF Client would lose the dollars they have invested thus far, which would be a tremendous loss for the Government. The Cavok software is already installed and being utilized on multiple AF systems.

The use of any other solution would require a redesign of the Air Force’s entire cloud-based system and obtaining a new Authority to Operate (ATO) resulting in significant administrative delays and costs to the MQ-9 program. The redesign of the system would first start with obtaining ACC level approval to change the currently used TacSit display software. The Cavok software has already gone through rigorous testing and development, working hand-in-hand with the Air Force, to better meet user needs. The Air Force has been using the Cavok software for several years, and it has been proven to be the most effective software solution, compared to various alternatives such as Zeus (Raytheon) and Pioneer (SAIC). Obtaining approval to change to an alternate software program of this level would alone take months, and cost millions of dollars in testing, development, manpower, and resources. Furthermore, this process would require that each potential solution be fully vetted, through research and preliminary testing to determine if the solution meets ACC’s operational requirements. After preliminary selection of an alternate solution/software program, this solution would still need to go through the entire Acquisition Lifecycle process, all the way until the production/deployment & sustainment phase(s). Overall, the total delay/cost impact to procure a new solution is 2-4 years and would cost approximately $50M-$75M. Additionally, the MQ-9A aircraft cannot interact/engage with NATO partners on a Link 16 network, with foreign or domestic environments. Link 16 is absolutely vital for the MQ-9A to achieve air superiority with joint/NATO partners.

6. Contracting Officer Determination:

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. A best value determination will be made prior to award. As stated earlier, Focused Support, LLC has been awarded a GSA MAS Contract (47QTCA23D009N). In accordance with FAR 8.404(d), GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. The Contracting Officer will seek additional price reductions and pricing will be reviewed to ensure that the pricing and terms are in accordance with their MAS Contract.

The Independent Government Estimate was derived using level of effort/hours that were derived based on the technical expertise and knowledge of the client Subject Matter Expert (SME), their respective requirements office, and the GSA Acquisition Project Manager.

While a prior effort exists for the purchase of software and source code, there is no historical information on prior or similar purchases for Link 16 integration.

7. Market Research:

As part of Market Research, a Market Research as a Service (MRAS) was requested on March 25, 2024. The MRAS included GSA MAS and GSA Government-Wide Acquisition Contracts (GWACs). The MRAS is a Request for Information (RFI) to Industry (Solicitation for Information or Planning Purposes). The purpose of this market research was to determine if two or more small business vendors (and in this case if any vendors at all) could satisfy this requirement. The market research conducted yielded nine (9) interested parties, so the Government conducted follow-up questions to ensure the interested parties had the required capabilities to perform the requirement. One vendor stated they were not able to complete the work and the other eight vendors did not respond to the follow-up questions. At the conclusion of the market research, the Government determined that Focused Support, LLC, was the only qualified vendor capable of satisfying this requirement. Focused Support, LLC is the sole manufacturer of Cavok, a real-time mission execution software platform, and is the only company to have access to source code for this proprietary application. Cavok is designed to support Tactical Operation Centers and Ground Control Stations, and only Focused Support, LLC owns the licenses and source code for Cavok. Focused Support, LLC is a Service-Disabled Veteran Owned Small Business.

8. Other Supporting Facts:

On September 23, 2021, the (Legacy Region 5) initially awarded a Firm-Fixed-Price (FFP) task order (47QFLA21F0263) to Sigma Defense Systems, LLC, an other than small business, against an internal single award Indefinite Delivery/Indefinite Quantity (IDIQ) contract (47QFLA21D0007). The overall requirement for the aforementioned task order was for Intelligence, Surveillance, and Reconnaissance (ISR) lead integrator support for remotely piloted aircraft, with nothing specific to the Link 16 Integration or the MQ-9 program. Since the remotely piloted aircraft utilize the Cavok source code, it was determined to be in the Government’s interest to execute a modification to add Cavok software to this order. As a result, Focus Support, LLC was subcontracted for this effort.

As the Cavok source code is proprietary in nature and is currently fielded for use on other remotely piloted aircraft as well as required for Link 16 Integration throughout the ACC community, Focus Support, LLC is the only source who can perform this requirement.

9. Statement of Actions to Overcome Barriers to Competition:

Focused Support, LLC is the developer of the next-generation Tactical Situation Display which has been deployed as the TacSit of choice for the United States Air Force and United States Marine Corps for MQ-9 operations. Headquarters Air Combat Command has authorized/designated the use of Cavok Software specifically for the MQ-9 program.

Focused Support, LLC is the only capable source of providing services required at the level of quality required because the services are unique or highly specialized. Focused Support is the only authorized vendor who has the requisite source code, and as a result, this requirement cannot be competed among other sources. Until it is determined that the Cavok source code is no longer required or other vendor are given access to the source code, the software and integration of the software must continue to be procured from Focused Support, LLC. AFLCMC will continue to evaluate their requirements and the capabilities of other vendors.