A03_JA_-_PL_enabled_DAGR_JA__Redacted.pdf

Contractor: Rockwell Collins

Program/Equipment: Pseudolite (PL) capable Defense Advanced GPS Receiver (DAGR)

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Program Manager Position, Navigation and Timing (PM PNT) / Pseudolite Capable Defense Advanced GPS Receiver software module (PL DAGR)

Authority: 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

Amount:

Prepared by:

Typed Name: DSN:

Title: Date: 11 April 2017 Email:

Contracting Officer:

Typed Name: DSN:

Title: Date: 17 April 2017 E-Mail:

Technical Representative:

Typed Name: DSN:

Title: Date: 11 April 2017 Email:

Requirements Representative:

Typed Name:

Date: 11 April 2017 Email:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager

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Legal Counsel:

DSN:

X

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity:

U.S. Army Contracting Command, Aberdeen Proving Ground

Aberdeen Proving Ground, MD 21005

2. Description of Action: requests to extend contract , a sole source contract with Rockwell Collins Corporation, Cedar Rapids, Iowa, by including a second, twelve (12) month option period, as well as a third, twelve (12) month option period, and increasing the labor ceiling to accommodate completion of the required work of the additional second and third option periods.

The Government projects modification award for July 2017 and fiscal year 2017 Research and Development funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold defined in Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services The contractor shall continue developing and maturing Pseudolite-capable DAGR prototype source code acquired under the prior contract and inspect, test, and update the source code to include required Pseudolite capabilities. An initial prototype of this software is required for DAGR testing at Pseudolite System of Systems Government Field Testing events during 3-4QFY17. Further development and refinement shall continue until the Engineering & Manufacturing Development (EMD) phase of the Pseudolite acquisition.

are intended to continue and complete on-going work towards development of the Pseudolite (PL) capable Defense Advanced GPS Receiver (DAGR). Pseudolite transmitters are terrestrially deployed systems that output a signal similar to the GPS signal. This signal can be used by military GPS receivers (such as the DAGR) that have appropriate software. The basic intent in deploying Pseudolites is to provide navigation sources that are much closer than the GPS satellites and are therefore much more difficult to jam. The U.S. Army Direct Reporting Program Manager (DRPM) for Positioning, Navigation and Timing (PNT) intends to deploy PLs as part of a larger plan to provide Assured PNT (A-PNT) to Army forces. Army GPS receivers (DAGRs) will be modified to allow them to use the Pseudolite signals in much the same way as they use the signals from the GPS satellites.

The DAGR receiver collects and processes Global Positioning System (GPS) satellite signals to provide Position, Velocity (Ground Speed), and Time information, as well as position reporting and navigation capabilities. The DAGR is primarily a hand held unit with a built-in antenna, but can be installed in a host platform. There are over 400,000 DAGRs currently fielded across the

Department of Defense (DoD) to entities in the Contiguous United States (CCONUS) and Outside the Contiguous United States (OCONUS). Pseudolite capable software must be addressed in DAGR GPS receivers currently fielded to ensure sufficient unit equipment is available to support military operations in conditions that require Assured PNT (A-PNT).

The services required in this request for extension are non-severable under the Bona Fide Needs Rule and therefore may cross fiscal years. Funding will be obligated at the time the extension modification is awarded by the contracting officer.

The software development effort will be accomplished within the requested two (2), twelve (12) month option periods. The option years are for integration test support and troubleshooting, as required.

Below is the detail for the labor costs from the IGCE:

Option Pd 2

The Period of Performance for current contract is as follows:

Base Period: 24 August 2016 - 23 February 2017 (Modification P00001 extended the base period of this contract to 24 April 2017) Option 1: three (3) months after exercise of option (Modification P00002 provided a completion date of 23 July 2017)

After approval of the J&A and modification of contract, those values and Period of Performance would be:

Total contract value estimated to be no greater than Total new value added to existing contract to be no greater than applied as:

The contract period of performance is proposed to extend 24 months from the end date of Option Period 1, split between two (2), twelve (12) month option periods.

4. Authority Cited:

Authority is 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited:

As described at FAR 6.302-1(a)(2)(iii)(B), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

The Pseudolite Milestone A decision stated a requirement that legacy receivers currently in the field will require only a software modification to accept Pseudolite signals.

was awarded to begin, a jump-start, the development of PL software to provide an initial capability prototype and full capability prototype so the initial capability could be provided in time for the PL Transmitter System Field Test scheduled summer 2017.

That anticipated contract, from , is to be a sole source contract to Rockwell Collins to further develop both Resiliency and Software Assurance Modification (RSAM) capabilities and subject PL functionality, set for a February 2017 award. The approved J&A for DAGR RSAM, allowed for a sole source contract to be awarded to Rockwell Collins for software engineering to develop a Pseudolite enhanced DAGR test article and software development/technical enhancement and support for other potential changes to the DAGR software baseline. However, that contract effort has been delayed. The contracting officer on

Due to the continuing delays, this extension of is required in order to continue work on software development.

However, the contract ceiling values of the base and the option period are not adequate to support the work necessary to provide the full capability prototype required for the PL Transmitter System Field Test scheduled for summer 2017 since the anticipated contract award from solicitation which was to complete this work, is delayed.

This request to extend the period of performance and the labor ceiling of contract ill allow the continued development of the PL enabled DAGR.

The proposed source, Rockwell Collins Corporation, is the original equipment manufacturer (OEM) of the DAGR. The original PL capable DAGR source code has not been updated or incorporated into current baselines of the DAGR since an original task demonstrating capability for PL and DAGR interoperability was performed in July 2013. This extension will allow the continued development of PL source code that will allow DAGR to fully interoperate with PL.

Development will occur throughout the contract, and will result in an initial capability (prototype) in time for PL Transmitter System field Testing, summer 2017, and a full capability (prototype) completed prior to anticipated start of the Pseudolite Engineering & Manufacturing Development (EMD) phase of the overall Pseudolite system acquisition.

a sole source contract to Rockwell Collins to further develop RSAM capabilities. However, since the contract has been delayed, the PL development effort will continue until completion of the PL-enabled DAGR on was established to perform programming on incomplete source code, filling in the gaps to make the DAGR receivers compatible with the Pseudolite transmitters which are being developed

. But the Decision Authority determined that the Army would use the current DAGRs for the receiver and update them to accept the signal produced by the new transmitters.

The on-going delay of the RSAM solicitation , has created a situation where PL-enabled DAGR development must otherwise stop, which would result in the PL-enabled DAGR missing the Systems Field Test, not being available for evaluation, and not assisting in evaluation of the PL Transmitters.

There are no other PL-enabled receivers currently capable of taking the place of the PL DAGR in the upcoming field test. If the PL-enabled DAGR does not participate in the PL System Field test the PM will not meet overall program commitments and schedule, and this will affect performance across multiple contracts.

No other course of action (i.e. competitive award for DAGR replaceable units which would make the program not cost effective) is feasible due to time constraints or lack of technical data

In accordance with (IAW) 10 U.S.C. 2304(d)(1)(B) the award of this requirement to any other source besides RCI would result in substantial duplication of cost to the United States which is not expected to be recovered through competition. Additionally, awarding this requirement to another source would result in unacceptable delays in fulfilling the Government’s needs for the reasons detailed above.

(2) Alternatives: Since the RSAM contract is delayed and without a contract vehicle, all further PL-enabled DAGR software development would need to stop. A re-compete of a requirement of this size and scope would take an estimated 4-6 months to award and a change in vendor will require up to eighteen (18) months to ramp up to full capability. This would result in program delay and missing the PL Transmitter Systems Field Test.

There are no in-house Government personnel to replace the contractor, nor is there sufficient in-house expertise to continue operations at full performance. This is a sole source software development effort back to the original equipment manufacturer (OEM). There is no opportunity for this requirement to be reasonably divided so as to allow competition for an individual component of the work. Rockwell Collins has the institutional knowledge in-house and the code is proprietary, so they do all the work in-house with no subcontractors. The contractor has been vetted as a sole source supplier; this extension takes previously planned work to be awarded to the contractor and places it on this existing contract. If this extension is not executed there will be a break in service and the continuity of the PM PNT mission-critical development and our ability to support the American Soldier in future battlefield operations will be jeopardized.

6. Efforts to Obtain Competition:

There is only one viable source who can update existing DAGR software code. This work, which was anticipated to be awarded as a sole source contract to Rockwell Collins to further develop both RSAM capabilities and subject PL functionality contract, approved J&A for DAGR RSAM, 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.. Competition cannot be increased in future actions due to Rockwell Collins being the OEM of the DAGR and the sole owner of the technical data rights. The Government has requested Technical Data rights and software licensed rights on previous DAGR software efforts; however, the resultant proposals from Rockwell Collins were deemed too expensive to be the best value.

a. Effective Competition: As this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: This is a sole source software development effort to the original equipment manufacturer (OEM). This requirement cannot be reasonably divided so as to allow competition for an individual component of the work.

7. Actions to Increase Competition:

It is deemed more expedient and cost efficient to provide a PL software upgrade to currently fielded DAGR than to purchase new hardware and make a similar PL software upgrade to that model.

Army assets are in the lifecycle sustainment phase although the Air Force continues procurement of the current production item. While the DAGR is presumed to remain in the field for 10 more years, no other DAGR Psuedolite of this kind is expected as the DAGR is to be replaced by another competitively procured device through PM PNT’s A-PNT product office. However, if a future requirement for software updates to the DAGR were to surface, the Government would conduct market research to ascertain if there are changes in the market place that would enable future actions to be awarded using full and open competition.

8. Market Research: Since Pseudolites represents a new capability and no receiver hardware with this capability exists, there is not meaningful market research that can be executed.

The market research for Solicitation W56KGY-16-R-0032 (now W56KGY-17-R-0014) was performed as follows:

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205- 71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a request for information (RFI) number Selective Availability Anti-Spoof Module (SAASM)-SW-Upgrade-16 was posted to Army Single Face to Industry/ Federal Business Opportunities on 1 March 2016 for 15 days. Based upon the RFI responses from the industrial base and the information and facts presented herein, PM PNT technical experts determined that Rockwell Collins is the only vendor capable of providing software updates for DAGR SAASM 3.2 and DAGR SAASM 3.7.

ACC-APG released the RFI to research potential sources capable of analyzing, developing and updating all versions of software source code for select SAASM GPS devices. The intent of the RFI was to survey industry to identify businesses capable of providing source code updates to a broad range of SAASM GPS products, including the DAGR. The RFI requested information regarding the vendor’s past performance with GPS products. In addition the RFI requested the vendor describe its approach to software updates for these devices as well as a description of a vendor’s access to product source code.

PM PNT received responses from

No other responses were received.

IAW FAR Part 10.002 (b)(2), additional market research was conducted on Jun 15th by telephonically contacting knowledgeable individuals in industry regarding market capabilities to meet requirements. PM PNT contacted three of the four major OEMs who currently supply SAASM-based GPS receivers to the Department of Defense (DoD). Each of the senior program management officials at the OEMs were asked to respond to the following questions: Are you able to provide software development and technical support for modification of the proprietary software code of the SAASM-enabled DAGR GPS receiver currently produced by Rockwell Collins? Are you able to provide this service beginning in the August/September timeframe? The vendors stating the software source code would have to be made available to them in order to complete stated objectives. None of the vendors expressed an ability to begin the effort in a timeline that meets requirements.

Based upon the RFI responses from Industry and the information presented, PM PNT technical experts concluded that none of the SAASM OEMs supporting Office of the Secretary of Defense (OSD) today are capable of modifying the proprietary software code utilized in the Rockwell Collins DAGR and, if proprietary software code were to be made available, none of the OEMs are in a position to implement the requisite contracting and engineering tasks in a timeline suitable to support the stated OSD objectives.

9. Interested Sources:

None

10. Other Facts:

a. Procurement History:

(1) DAGR System Production Contract FO4701-02-C0011 was awarded by the Air Force in November 2002. The follow-on production contract for DAGR, Contract FA8807-09-C-0002, was awarded in March 2009.

(2) The first contract DAGR production contract was competitive, the second contract was not competitive.

(3) The authority cited for DAGR Production Contract FA8807-09-C-0002 was 10 U.S.C.

2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirement.

(4) The J&A for the last DAGR production contract identified that the PM (Air Force) would begin market research and planning for the M-code receiver, with requested funding beginning in FY09 and estimated production between FY14 and 16. The J&A stated that the PM would do a competition for dual First Article award, followed by a down-select for production and that the PM has no plan to procure the DAGR after the M-code receiver becomes available.

(5) There are no unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

(6) One of the differences in the circumstances related to the justification that was prepared by the Air Force and this J&A was the Air Force’s J&A was done for production as a whole. This effort is for software updates to the system as related to the development of the Pseudolite Transmitters. As addressed above, there are no requirements for additional DAGRs at this time. Additionally, due to mission changes, M-code is still not available as it was originally predicted in the Air Force’s J&A.

b. Class J&A: Not applicable.

c. Other Facts: The Air Force is the Executive Agent for the DAGR. In March of 2009 the Air Force awarded a DAGR production contract (FA8807-09-C-0002) and procured rights to distribute and utilize application or executable software maintained by the OEM. However, this executable software is not sufficient to meet the needs of the requirement to analyze and update software source code. A full software source code TDP with compilation environment and support tools is required. The contract and CDRLs were provided to a CECOM intellectual property attorney for review to determine the data rights to the software. The attorney found that the contract included DFARS 252.227-7027 ("Deferred Ordering" clause) which would allow the Air Force to request the delivery of any source code developed as a result of this contract. However, per the attorney, “…any software that was developed prior to this 2009 contract will not be covered by the Deferred Ordering clause”. Although software updates were developed through this contract, the majority of the software was developed through the original DAGR production contract FO4701-02-C0011, dated November 2002 and other contracts. No source code was acquired through the original DAGR production contract and delivery of partial source code developed under the 2009 DAGR contract would be insufficient to compete the requirement. An option was included in the 2009 contract to procure a software TDP. The USAF determined it was not in the Government’s best interest to exercise this contract option. If, however, the Air Force did purchase the TDP, the software deliverable rights were licensed as Program Purpose License Rights and therefore would not be available for full and open competition with other vendors.

11. Technical 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.

Typed Name: Date:

Title: Signature:

12. 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.

13. 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.

This determination will be made using price analysis and IGCE.

As a part of this basis, certified cost or pricing data will not be required and the following exception applies (FAR 15.403): a commercial item is being acquired.

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the extension of contract W15P7T-16-C- 0008 for Pseudolite Capable Defense Advanced GPS Receiver (DAGR) software module by 1) including a second option period and a third option period for an additional 12 months (1 year) each, and 2) increasing the labor ceiling to $4.6 M to accommodate completion of the required work of the additional second and third option periods on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) (1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), only one responsible source and no other supplies or services will satisfy agency requirements, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition. If the proposed contract action is not completed within 180 days from the below date or if there is a change to the substance of this Limited Source Justification that does not meet the AFARS 5106.303-1-90 conditions for an amended J&A, the Contracting Officer shall document these changes in a memorandum for file and obtain revalidation from the approval authority below

Title: Special Advocate for Competition Signature: