A03_-_J&A_Uzbekistan_W911QY-18-C-0023.pdf

27012016

Control No.

Justification and Approval For Other Than Full and Open Competition

For actions over $700,000 but not exceeding $ l 3.5M

Program/Equipment:

Four (4) each RQ-1 IB Digital Raven Systems, Initial Spares Package, six (6) each Reconnaissance Surveillance Target Acquisition (RSTA) Kits, Contractor Logistics Support (CLS), and training

Authority: IO U.S.C. 2304(c)(l) Amount$ 1,945,144

Prepared By:

Typed Name: Rebekah Massey

DSN: 788-4946

Title: Acquisition Analyst

Date: 29 Jun 17

Contracting Officer:

Typed Name: Marilyn Shortle

DSN: 407-208-3094

Date Reviewed:

Technical Representative:

Typed Name: Edward Ranes

DSN: 897-6358

Title: TUAS Logistics Team Lead

Date: Reviewed: I 0 Jul 17

Requirements Representative:

Typed Name: M. Viva Kelley

DSN: 897-5399

Title: Director, International Programs, UAS Project Office

Date: Reviewed: 12 Jul 17

Page I of7

Justification and Approval

For Other Than Full and Open Competition

1. CONTRACTING ACTIVITY

Army Contracting Command-Aberdeen Proving Ground, Natick Contracting Division, ATTN: CCAP-SCN, General Greene Avenue, Natick, MA 01760

2. DESCRIPTION OF ACTION

Approval is requested to solicit on the basis of other than full and open competition for a new contract.

The contract is in support of:

FMS- Country of Uzbekistan

Type of contract contemplated: Fixed Price.

Reason for type of contract:

Program Manager Unmanned Aircraft Systems (PM VAS) International Programs Office requests a new contract for the purchase of Raven Gimbal DDL Systems, initial spares packages, RSTA kits, upgrade training, and contractor logistics support (CLS) for the country of Uzbekistan. FMS case U2-B-UBA A2 implemented 2 June 2017. The estimated total contract value of $1,945, 144 will be awarded as firm fixed price. Of the total dollar amount, $866,936 will be for the purchase of four Raven Gimbal DDL

Systems, $207,024 for the initial spares package, $45,456 for the RSTA kits, $743,689 for the CLS, $17,244 for VAMPIRE software, and

$64,795 for training. The delivery of systems and CONUS training will occur

2701 2016 Page 3 of7 approximately six (6) months after contract award. Estimated contract award date is 2 January 2018.

Funding information:

Multiple MIPRs from TUAS Program Office

Fiscal Year: 18

Type of Money to be used:

select one ...

FMS Credit

3. DESCRIPTION OF SUPPLIES/SERVICES

Award of a Firm Fixed Price (production of four ( 4) Digital Raven Systems, RST As, CLS, and training) Contract to Aero Vironment (AV), Inc, 181 W. Huntington Drive, Suite 202, Monrovia, CA 91016, in support of Foreign Military Sales (FMS). FMS Credit funds will be utilized. The total estimated value of the proposed action is $1,945,144. This requirement is from the country of Uzbekistan for the purchase of four (4) each Raven Gimbal DDL Systems Unmanned Aircraft Systems (UAS), utilizing a Total Package Approach. The systems will be equipped with standard military configuration, Commercial Code Global Positioning Systems and Initial Spares Package. Each Raven system included 3 air vehicles, 2 Gimbal payloads, 2 Ground Control Stations/Remote Video Terminals, VAMPIRE software, and operators manual. The requirement includes CLS. Upgrade Training for eight students is also included in the requirement as well as six RSTA kits, the contents of which include a Toughbook tablet and Pelican case, and are listed in the statement of work. Basic case was implemented 2 June 2017.

4. AUTHORITY CITED

The statutory authority permitting other than full and open competition is 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.

5. REASON FOR AUTHORITY CITED:

AV designed the Raven UAS and currently retains title to technical data relating to the Raven system, while the United States Government (USG) possesses Limited Data Rights on the radio only. Even though the USG has Limited Data Rights on the radio, no other firm has manufactured this· type system. Therefore, AV is the only source capable of satisfying the FMS order. The FMS case cited above specifically requests RQ-11 B Raven systems. Therefore, AV is the only responsible source to provide the systems.

6. EFFORTS TO OBTAIN COMPETITION:

Efforts have been made to create a competitive Indefinite Delivery, Indefinite Quantity (IDIQ)

· contract for Tactical Unmanned Aircraft Systems (TUAS). However, the full technical data rights are not available at this time to other manufacturers. AV is the only source able to produce complete RQ-11 B Raven systems. See paragraph 8 Market Research

7. ACTIONS TO INCREASE COMPETITION:

As stated in paragraph 6 above, efforts were made to increase competition by awarding an IDIQ for TUASs. However, the competitive IDIQ is not viable for the acquisition of complete systems from other vendors because the full technical data rights still reside with AV. Of the vendors that currently participate in the IDIQ contract, AV is the only vendor that has the ability to produce a complete system unless the USG were to acquire the complete data rights. At this time, the USG has no program funding or plans in place to acquire a complete data rights package for TUAS from AV. There is no proposed date to acquire the technical data package.

Page 4 of?

Until the time that the USG acquires the complete data rights, or another source produces the RQ-1 I B and the system is qualified, there is not alternative source.

8. MARKET RESEARCH

Market research has been ongoing for the life of the RQ-11 B program. The facts detailed (paragraphs 5,6,7) have been gathered based on ongoing program requirements of the International Unmanned Aircraft Systems (UAS) Program Office during the previous 12 months.

Methods used on this specific acquisition involved contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements. The aforementioned competitive IDIQ for TUAS demonstrates additional vendors in the market space however, to date, no vendor other than AV has produced, or has the ability to product a RQ-11 B system.

9. INTERESTED SOURCES:

To date, no other sources have written to express an interest.

This J&A has an exemption to synopsis IA W FAR 5.202(3) direction of a foreign government reimbursing the agency for the cost of the acquisition.

10. OTHER FACTS:

Discuss any other facts supporting use of other than full and open competition, such as the following:

a. Procurement History

(1) FMS Contract W911QY-13-C-0051 was awarded on 8/1/2013 for Raven systems and FMS Contract W91 IQY-13-C-0108 was awarded on 913012013 for Raven systems. FMS Contract W911QY-14-D-0074 was awarded on 9/29/2014 for Raven systems. FMS Contract W91 IQY-15-C-0105 was awarded on 9/21/2015 for Raven systems. FMS Contract W91 l QY-17-C-0002 was awarded on 31912017 for Raven systems.

(2) The statutory authority permitting Other Than Full and Open Competition is IO USC 2304(c) (1), as implemented by Federal Acquisition Regulation (FAR 6.302-1), "Only one responsible source or only from a limited number of responsible sources and no other supplier or services will satisfy the agency requirements."

(3) Actions to Increase Competition: As stated in paragraph 6 above, efforts were made to increase competition by awarding an IDIQ for TUAS's. This competitive IDIQ is not viable because the technical data rights still reside with AV.

(4) No unusual patterns have been revealed by reviewing the purchase history of the Raven systems.

(5) Aero Vironment designed the Raven UAS and currently retains title to technical data relating to the Raven systems, while the United States government possesses Government Purpose License Rights. Even though the United States government has rights to the data, no other firm has manufactured the system, therefore, AV is the only source capable of satisfying the FMS order. The FMS case cited specifically requests AV Raven systems, therefore, AV is the only responsible source to acquire the systems. There have been no significant changes since the previous Raven procurements.

b. Acquisition Data Availability

Aero Vironment designed the Raven systems and currently retains title to technical data relating to the Raven systems. Since AV owns the rights to the technical data packages AV will be the

Page 5 of7

2701 2016 only source to provide the Raven systems until a license for the technical data rights is purchased by the government or the technical data is made available to other manufacturers.

c. Unusual and Compelling Urgency

NIA

d. Subcontracting Competition

NIA

e. Follow-on Contracts

NIA

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: Edward Ranes

Date: \ L_ ~ LC!J 11

Title: TUAS Logistics Team Lead

Signature: C

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.

Typed Name: M. Viva Kelley

Date: I :J-~ ~ }J 1L 0 / f- Title: Director, International Programs, UAS Project Office

Page 6 of7

Dave Codner

Dave Codner

19 July 2017

Cornel D.A. Codner

19 July 2017

Cornel D.A. Codner dennis.longo Typewritten Text 31 Jan 2018