COTS Procurement Policy Memo 2022.pdf

One AFMC…Powering the World’s Greatest Air Force

DEPARTMENT OF THE AIR FORCE

HEADQUARTERS AIR FORCE MATERIEL COMMAND

WRIGHT-PATTERSON AIR FORCE BASE OHIO

MEMORANDUM FOR ALMAJCOM/CC

FROM: AFMC/CD

4375 Chidlaw Road Wright-Patterson AFB OH 45433-5001

SUBJECT: Commercial Off-the-Shelf (COTS) Counter-small Unmanned Aircraft Systems (C-sUAS) Procurement Policy

Reference: (a) U.S. Code § 130i, Protection of Certain Facilities and Assets from Unmanned Aircraft.

(b) DoDD 3800.01E, DoD Executive Agent for Counter Small Unmanned Aircraft Systems for Unmanned Aircraft Groups 1, 2, and 3.

(c) DAFPD 10-9, Lead Command/Lead Agent Designation and Responsibilities for United States Air Force Weapon Systems, Non-weapon Systems, and Activities.

(d) AFMCI 10-901, AFMC Lead Command Roles and Responsibilities.

1. This policy memorandum addresses changes in Air Force and DoD Counter-small Unmanned Aircraft Systems (C-sUAS) policies and supersedes previous versions. The intent is to optimally assist installations pursuing Commercial Off-the-Shelf (COTS) C-sUAS solutions in compliance with current legal authorities. This policy does not apply to procurement for Joint Urgent Operational Needs, Joint Emergent Operational Needs, nor AF Urgent Operational Need efforts.

At a minimum, this policy will be reviewed annually by Headquarters Air Force Material Command, Lead Command, C-sUAS Branch (AFMC/A3FX).

2. On 30 March 2017, the Chief of Staff of the Air Force designated AFMC with Lead Command responsibilities for countermeasure systems against Group 1 & 2 small UAS threats.

In this role, all MAJCOMs hold responsibilities to coordinate with AFMC to ensure the success of C-sUAS operations and to ensure compliance with Lead Command guidance. Congruent with DoDD 3800.01E, the attached policy provides updated criteria and process for Commanders to pursue interim COTS C-sUAS systems until the Program of Record is able to meet the needs of all individual installations.

3. Commanders, through their MAJCOMs, will request reviews of their procurement plan from the OPR (AFMC/A3FX). When requesting procurement reviews from Lead Command OPR, Commanders should provide a comprehensive plan for the manpower, training, and sustainment of C-sUAS systems.

4. MAJCOMs are responsible for ensuring all reviews are completed before procurement or use of a C-sUAS system in accordance with tasks defined in JS GENADMIN and/or Host Nation requirements. The AFMC C-sUAS Lead Command cadre will maintain systems approval information and provide recommendations to MAJCOMs. When applicable, systems will receive a legal review by HAF/JAO IAW AFl 51-401, The Law of War.

5. The AFMC POC is Maj Bret Cunningham, HQ AFMC/A3FX, at DSN 312-713-1085 or bret.cunningham.1@us.af.mil.

CARL E. SCHAEFER

Lieutenant General, USAF Deputy Commander

3 Attachments:

1. Air Force Counter-small Unmanned Aircraft Systems (C-sUAS) Procurement Policy

2. Air Force Counter-small Unmanned Aircraft Systems (C-sUAS) Lead Command, 30 Mar 17

3. 10 U.S.C. § 130i: DOD Checklist for use of Counter-Unmanned Aircraft Systems (C-UAS)

Attachment 1 Air Force Commercial Off-the-Shelf (COTS) Counter-small Unmanned Aircraft Systems

(C-sUAS) Procurement Policy

1. APPLICABILITY: This policy applies to commanders and organizations procuring Commercial of the Shelf (COTS) solutions. For the purposes of this policy, installations are categorized into four basic categories: Non-Urgent Needs Domestic Uncovered Installations, Non-Urgent Needs Domestic Covered Installations, Non-Urgent Needs Overseas Locations, and Urgent Needs Installations (includes both Domestic and Overseas locations). Categories of installations are described in subparagraphs 1.1-1.4. Contact the MAJCOM C-sUAS representative for more information.

1.1. Non-Urgent Needs Domestic Installations: This category consists of U.S. installations (50 states, and territories) which require interagency coordination and authority to operate under 10 U.S. Code § 130i, Protection of Certain Facilities and Assets from Unmanned Aircraft.

1.2. Non-Urgent Needs Overseas Locations: This category consists of locations that are not part of the United States or its territories. Authorities for the use C-sUAS in these locations are more complicated since the authorities are derived from host nation laws and international agreements (e.g., status of forces agreements). These locations are categorically authorized to pursue, purchase, and use all types of COTS C-sUAS. An extensive legal review by AF Component Command/Geographic Combatant Command legal staff is recommended before any procurement of C-sUAS systems.

1.3. Urgent Needs Installations: Installations identified under approved C-sUAS USAF or Joint Urgent/Emergent Operational Needs (i.e., JUONs, JEONs, and UONs), must coordinate with the Digital Program Executive Office Force Protection Division (AFLCMC/HBU) to ensure deconfliction between fielded systems and proposed COTS solutions. AFLCMC/HBU will work with requesters to provide compatibility recommendations. These installations already have authorities granted through 10 USC § 130i or host nation approvals and have been given a higher priority of C-sUAS fielding.

2. PROCEDURES/RESPONSIBILITIES: Except where specified, the following procedures apply to all installations seeking authorization to purchase COTS C-sUAS systems.

2.1. Installation Responsibilities: I nstallation commanders desiring to purchase COTS C-sUAS systems should designate an owning organization within the installation to coordinate with Lead Command (AFMC) or delegated authority (HQ AFMC/A3FX). Appendix 1 provides a template for submitting the technical and operational data needed for HQ AFMC/A3FX coordination.

Additionally, other support organizations such as Security Forces, Civil Engineering, Communications, and Airfield Operations will be included in discussions and decisions to ensure the COTS C-sUAS systems will be compatible with other installation systems and infrastructure.

2.1.1. Ownership: The owning organization is responsible for all costs and manpower requirements relating to the purchase and operation of an approved COTS C-sUAS solution.

Responsibilities include, but are not limited to, system installation, training, maintenance, repair, manuals, cyber compliance, and sustainment costs. Organizations should not assume an approved COTS system will become part of AFLCMC/HBU's program of record or be sustained as such.

2.1.2. Coordination with Lead Command or delegated authority (HQ AFMC/A3FX) must be completed prior to procurement. AFMC Lead Command Branch Chief (HQ AFMC/A3FX) and AF/A4SD Fielding and Outreach Branch will assist in determining suitability requirements. All Air Force organizations will ensure compliance with AF/A4S policy for C-sUAS operations.

Before operational use of C-sUAS system(s), MAJCOMs and the owning organization will complete the 10 U.S.C. § 130i: DoD Checklist for the Use of Counter-small Unmanned Aircraft Systems (C-sUAS) located on the HAF/A4 SIPR SharePoint (https://intelshare.intelink.sgov/sites/JCO/_layouts/15/start.aspx) and duplicated below as Attachment 3.

2.1.3. Host Nation Approval: Installations are responsible for coordinating with MAJCOMs and host nations to gain approval to use C-sUAS capabilities. Often, host nation laws limit the systems available for use and coordinating approval can take years. Early engagement with host nation staff is highly recommended. AF Component Commands are responsible for coordinating with Combatant Commands (COCOM), installations, and host nations to gain approval to use C-sUAS capabilities. Items to consider include:

2.1.3.1. Releasability: If a host nation requires C-sUAS systems be operated or co-operated by non-US personnel, the installation must choose systems releasable to the host nation.

2.1.3.2. Spectrum: C-sUAS solutions for overseas locations must obtain Spectrum Supportability before purchasing, shipping to the overseas location, or initiating a request for Host Nation Electronic Attack (EA) support. The Installation Spectrum Manager (ISM) will work with their MAJCOM to submit a Host Nation Coordination Request (HNCR) in the End to End Supportability System/STEPSTONE (E2ESS) online tool. The Air Force Spectrum Management Office (AFSMO), HAF/A2/6, reviews the HNCR, loads it into the Host Nation Spectrum Worldwide Database Online (HNSWDO), and sends it to the COCOM Joint Frequency Management Office (JFMO). The COCOM JFMO will review and determine if it will be shared with the Host Nation (HN) for support. If shared, the COCOM JFMO will update HNSWDO with the approved spectrum supportability data. If not shared with HN, the COCOM will provide guidance for use.

2.1.3.3. Collateral Damage: Some locations may exclude the use of integrated systems due to identifiable collateral damage risk (includes both kinetic effects [e.g., munitions] and collateral effects from EA).

2.2. MAJCOMs shall notify C-sUAS Lead Command’s delegated authority, HQ AFMC/A3FX, of all requests for procurement.

2.2.1. MAJCOM Responsibilities: MAJCOMs will coordinate legal, system safety, compatibility, contracting reviews, as well as host nation and spectrum approvals for all subordinate installation system requests.

2.2.2. Safety Review: All C-sUAS solutions must, at a minimum, have a MAJCOM-level safety review conducted before operational use. For kinetic solutions utilizing munitions, MAJCOM Safety Offices will also coordinate a safety review with the Non-Nuclear Munitions Safety Board IAW AFI 91-205, Non-Nuclear Munitions Safety Board. Results of safety review(s) shall be included as part of AFMC/A3FX coordination. In an effort to minimize duplicative work, safety reviews for approved systems will be posted with supporting documents on HAF/A4SD SIPR SharePoint site (https://intelshare.intelink.sgov/sites/JCO/layouts/15/start.aspx), and fielding future solutions operating the same equipment do not require a safety review.

2.2.3. C-sUAS systems with the capability to disrupt the flow of air traffic must be coordinated through the installation Air Field Operations (AO)/Air Traffic Control (ATC) if applicable.

Note 1: IAW AFMAN 13-204v3, Air Traffic Control, para. 8.14, emerging technologies requiring additional displays (e.g. C-sUAS tracking systems) are not to be acquired or implemented in ATC facilities without authorization from AFFSA/XA. Such displays must be authorized for use and have documented policies, procedures, and training requirements provided to applicable personnel.

Note 2: IAW FAA memorandum, Air Traffic Service (ATS)-1 Policy Statement, new requirements for display or control equipment in the terminal environment shall be satisfied in a way that does not increase the net number of displays in a facility, to the maximum extent practicable.

2.2.4. Cyber Security: All units will complete a Memorandum of Understanding (MOU) as a formal agreement between the unit and the AFLCMC/HBU Program Management Office (PMO) regarding the roles and responsibilities of the unit and the PMO as pertains to cybersecurity matters. For C-sUAS capabilities not fielded by the PMO (i.e., systems procured by a MAJCOM or unit), the owning organization will coordinate with cyber security personnel (MAJCOM/A6) for proper cybersecurity authorizations and ensure the system will not introduce unacceptable cybersecurity risk to the installation. In most cases, C-sUAS systems will also require an Authority to Operate (ATO) from the MAJCOM/A6.

2.2.5. System Compatibility: MAJCOMs should choose C-sUAS systems compatible with currently fielded USAF command and control (C2) solutions (e.g., Medusa C2), or other capabilities on the JCO List. Interface Control Documents and details are available on the AFMC SIPR C-sUAS site (https://intelshare.intelink.sgov.gov/sites/AFMC-CsUAS/sitepages/ home.aspx).

2.2.6. Spectrum Approval: All RF emitting C-sUAS solutions must obtain Spectrum Supportability before procurement and before initiating the EA request process for frequency authorization. MAJCOM Spectrum Management Office’s will coordinate with AFSMO for Spectrum Supportability and EA authorization; AFSMO will coordinate with the FAA and FCC as required. In referencing identified and approved Spectrum Supportability processes, the FAA and FCC reserve the right through their EA authorization to further restrict sub-bands within the operating system’s band(s).

2.2.7. Contracting Review: Owning MAJCOMs must review requests to ensure C-sUAS system procurements meet all applicable DoD and USAF finance and acquisition guidance. Installation or procuring organization assumes responsibility for ensuring contracts meet applicable DoD or USAF guidelines. If the installation or organization does not have a contract review capability, contact Lead Command for further guidance.

2.2.8. Legal Review: Installation legal offices will support this effort through required reviews of contracting actions, to include compliance with the FY20 NDAA Section 848 and the Defense Production Act, and assisting the installation security forces in updating Installation Defense Plans in accordance with OSD and USAF C-UAS guidance, and other applicable policy. Prior to acquisition, installation legal offices will contact their respective MAJCOM legal staff to confirm a completed Law of War Weapon Review for the COTS C-sUAS system—in accordance with AFI 51-401, The Law of War. In the event AF/JAO has not previously accomplished a Weapon Review, the supporting MAJCOM legal staff will coordinate with the installation legal office to gather sufficient information in order to formally request a Weapon Review from AF/JAO. MAJCOM legal staffs will assist installation legal offices with regard to legal and policy questions related to cyber security reviews, spectrum approval, and use of force.

2.2.9. Submission: For CONUS locations and US territories, complete Attachment 3 (130i DOD Checklist for use of Counter-Unmanned Aircraft Systems (C-UAS)), then submit all data to HQ AFMC/A3F via HQAFMC.A36.C-sUAS@us.af.mil. At a minimum, submissions should include any available system data, weapon system legal review, and system compatibility details to secure HQ AFMC/A3F approval.

2.3. HQ AFMC Responsibilities: HQ AFMC/A3FX will act in an advisory role for MAJCOMs and installations seeking C-sUAS capabilities. Documentation should include detailed plans for sustainment, training, and manpower for selected systems. Documentation provided for MAJCOM-requested systems procurement will be uploaded to the HQ AFMC SIPR C-sUAS site for reference.

2.4. HAF/JAO Responsibilities: Upon request by MAJCOM or HQ AFMC/A3FX, HAF/JAO will conduct a legal review IAW AFI 51-401, The Law of War, to ensure compliance with applicable domestic, international, and host nation laws. For overseas locations, coordination with host nation is required to include applicable International Traffic in Arms Regulations and foreign technology release statutes. Upon completion, HAF/JAO will email the review to the requesting MAJCOM and HQ AFMC/A3FX. HQ AFMC/A3FX will upload the review to the relevant system folder on the HQ AFMC C-sUAS SIPR SharePoint site.

3. The Lead Command OPR, HQ AFMC/A3FX, will review and update this policy annually—in concert with applicable policies, laws, and guidance.

COTS Procurement Policy Process

No Ostensible Threat ID’d, but

Continuing to Monitor the Growing Threat Scape

Yes, Threat

ID’d

Non-Urgent Domestic Covered

Non-Urgent Domestic

Uncovered

Contact Lead Command for specific detection capability recommendations

Non-Urgent Overseas

Non-Urgent Installations

Contact Lead Command for full kill chain capability recommendations

Review Process

Completed and

Cleared

NO

YES

NO

ATO

YES

Owning org operate system per ATO and all other associated Air Force policies and guidance

DO NOT OPERATE SYSTEM

UNTIL ATO GRANTED!!

Owning org accomplish DoD 130i Checklist. Submit through owning MAJCOM to HAF for Authority To Operate

(ATO) from OUSD/FAA

Procure system

For SA purposes, owning org provide Lead Command

(AFMC/A3F) with details of what/how many systems were purchased, plan addressing manpower, training, sustainment, and any other requirements/project costs

System procurement NOT recommended by Lead

Command

Owning org work with associated MAJCOM to accomplish required system reviews/approvals for clearance to procure: safety, cyber security, system compatibility, spectrum, contracting, legal, and host nation.

Owning org decides on a COTS solution

Owning org conduct market research

Installation CC designate owning organization

Appendix to Attachment 1 – Recommended COTS C-sUAS Solution Information

1. Description of requested solution:

a) Manufacturer (i.e., Company name, POC name, and contact info)

b) Model and version/configuration/software

c) Total initial cost and projected long-term costs for maintenance support, licenses, or upgrades

d) Solution type (e.g., radar, electro-optical (EO)/infra-red (IR) camera, Protocol Manipulators, RF jammer, GPS jammer, passive detection system, kinetic sUAS kill munition, etc.)

e) Concept of employment (e.g., detecting sUAS flights over flightline)

f) Considerations for system compatibility/interoperability with C-sUAS C2 (e.g., status [Complete, In-Work, Planned, Not-Planned, Unknown, or Not-Applicable], partner/host requirements)

g) System details to meet Installation protection requirements

2. Radar systems:

a) Spectrum/frequency

b) Scan rate (in degrees per second)

c) Scan field (in degrees)

d) sUAS detection range

e) Detectable sUAS class/radar cross section

f) Does system have the necessary spectrum authorization?

3. EO/IR camera:

a) Resolution distance

b) Field of View (in degrees)

c) Operating bands (i.e., visual, short-, mid-, long-range IR, etc.)

d) Spatial resolution

4. Protocol Manipulators:

a) RF detection type: Header/Footer only; MAC address; Frequency/carrier wave only; embedded signal data

b) C2 Links/Protocols detectable by system and available effects for each type?

c) Is system database driven? If so, who maintains currency of database?

d) Is any information stored? If so, what, where and for how long?

5. Acoustic/Unintended Emissions detection/tracking system

a) Maximum detection range?

b) Is the system database driven? If so, who maintains currency of database?

c) Is any information stored, if so what, where and for how long?

6. RF/GPS/GLONASS/Galileo Jammer

a) Effected frequencies

b) Maximum output power

7. Kinetic sUAS defeat system

a) Description of capability (e.g., Skynet round, guided bullet, hunter-killer drone)

b) Maximum effective range

c) Is the munition likely, under normal use, lethal to persons?

d) Munitions acquisitions must comply with AFI 21-201, Munitions Management

Attachment 2 Air Force Counter-small Unmanned Aircraft Systems (C-sUAS) Lead Command, 30 Mar 17

Attachment 3 10 U.S.C. § 130i: DoD Checklist for use of Counter-Unmanned Aircraft Systems (C-UAS)

Words

DoD Component Task Responsible DoD Component

Status Guidance/Policy

1. Inform the ASD (HD&GS), CCMDS, and Joint Staff of C-UAS equipment/system/capability in place and/or planned, for the defense of an installation/facility/fixed asset or fixed platform.

Package submission includes:

- C-UAS type and modes of operation

- C-UAS installation schedule/testing schedule

- Date ready for operational use

Note: Any change to equipment configuration/capability that affects GPS Interference and Navigation Tool (GIANT) Reliability Prediction Model (RPM) modeling and simulation results (i.e. “bugsplats”); changes the RF parameters (such as frequencies, emission mask, transmitter bandwidth, effective isotropic radiated power (transmitter power, antenna gain, system/cable losses)); or introduces new/different possible collateral effects requires resubmission of a full package.

Firmware, hardware, or software updates that do not affect these parameters or do not introduce new or different possible collateral effects do not need to be resubmitted.

Military Department/ Defense Agency

Complete Pending N/A

Military Service Guidance

Shared FAA-Federal Partner Roadmap for FAA Support of Operational C-UAS Use under § 130i and § 2661

2. Submit C-UAS-specific airspace restriction request for installation/facility/asset/platform.

Military Department/ Defense Agency

Complete Pending N/A

FAA/DoD J-SOP Special Security Instructions (SSI)

3a. Submit non-GPS EA requirements to Military Department (MILDEP) Spectrum Management Offices (SMOs) to obtain test, train, and exercise authorization for all necessary spectrum/frequencies for C-UAS capabilities. (NOTE: Auxiliary spectrum-dependent system support (i.e., radars/data link) will be submitted to /coordinated with the National Telecommunications and Information Administration (NTIA) for approval.

Military Department/ Defense Agency

Complete Pending N/A

NTIA Manual (Red Book) paragraphs

7.14 & 7.25.3

CJCSM 3212.02D

3b. Submit GPS EA requirements to MILDEP SMOs to obtain USSTRATCOM approval to test, train, and/or exercise the use of C- UAS capabilities affecting/possibly interfering with GPS frequencies, based on the operating parameters of a proposed C- UAS equipment/system.

Military Department/ Defense Agency

Complete Pending N/A

CJCSM 3212.03A

Status Guidance/Policy

2. Inform the ASD (HD&GS), CCMDS, and Joint Staff of C-UAS equipment/system/capability in place and/or planned, for the defense of an installation/facility/fixed asset or fixed platform.

Package submission includes:

- C-UAS type and modes of operation

- C-UAS installation schedule/testing schedule

- Date ready for operational use

Note: Any change to equipment configuration/capability that affects GPS Interference and Navigation Tool (GIANT) Reliability Prediction Model (RPM) modeling and simulation results (i.e. “bugsplats”); changes the RF parameters (such as frequencies, emission mask, transmitter bandwidth, effective isotropic radiated power (transmitter power, antenna gain, system/cable losses)); or introduces new/different possible collateral effects requires resubmission of a full package.

Firmware, hardware, or software updates that do not affect these parameters or do not introduce new or different possible collateral effects do not need to be resubmitted.

Military Department/ Defense Agency

Complete Pending and § 2661

2. Submit C-UAS-specific airspace restriction request for installation/facility/asset/platform.

Military Department/ Defense Agency

Complete Pending N/A

FAA/DoD J-SOP Special Security Instructions (SSI)

3a. Submit non-GPS EA requirements to Military Department (MILDEP) Spectrum Management Offices (SMOs) to obtain test, train, and exercise authorization for all necessary spectrum/frequencies for C-UAS capabilities. (NOTE: Auxiliary spectrum-dependent system support (i.e., radars/data link) will be submitted to /coordinated with the National Telecommunications and Information Administration (NTIA) for approval.

Military Department/ Defense Agency

Complete Pending N/A

USSTRATCOM approval to test, train, and/or exercise the use of C- UAS capabilities affecting/possibly interfering with GPS frequencies, based on the operating parameters of a proposed C- UAS equipment/system.

Military Department/ Defense Agency

Complete Pending N/A

Status Guidance/Policy

3. Inform the ASD (HD&GS), CCMDS, and Joint Staff of C-UAS equipment/system/capability in place and/or planned, for the defense of an installation/facility/fixed asset or fixed platform.

Package submission includes:

- C-UAS type and modes of operation

- C-UAS installation schedule/testing schedule

- Date ready for operational use

Note: Any change to equipment configuration/capability that affects GPS Interference and Navigation Tool (GIANT) Reliability Prediction Model (RPM) modeling and simulation results (i.e. “bugsplats”); changes the RF parameters (such as frequencies, emission mask, transmitter bandwidth, effective isotropic radiated power (transmitter power, antenna gain, system/cable losses)); or introduces new/different possible collateral effects requires resubmission of a full package.

Firmware, hardware, or software updates that do not affect these parameters or do not introduce new or different possible collateral effects do not need to be resubmitted.

Military Department/ Defense Agency

Complete Pending and § 2661

2. Submit C-UAS-specific airspace restriction request for installation/facility/asset/platform.

Military Department/ Defense Agency

Complete Pending N/A

FAA/DoD J-SOP Special Security Instructions (SSI)

3a. Submit non-GPS EA requirements to Military Department (MILDEP) Spectrum Management Offices (SMOs) to obtain test, train, and exercise authorization for all necessary spectrum/frequencies for C-UAS capabilities. (NOTE: Auxiliary spectrum-dependent system support (i.e., radars/data link) will be submitted to /coordinated with the National Telecommunications and Information Administration (NTIA) for approval.

Military Department/ Defense Agency

Complete Pending N/A

USSTRATCOM approval to test, train, and/or exercise the use of C- UAS capabilities affecting/possibly interfering with GPS frequencies, based on the operating parameters of a proposed C- UAS equipment/system.

Military Department/ Defense Agency

Complete Pending N/A