Atch 1 - Sole Source Justification Tactical EMSO Kits.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

Sole Source Justification

March 2023 Sole Source Justification Page 1 of 4March 2023 Sole Source Justification Page 1 of 4

NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: >SAT and < $750K > $750K and < $15M

Contracting Activity: 700 CONS/PKB

Purchase Request / Local ID Number: F3N6044075AW01

Program / Project (and PE, if applicable): Tactical EMSO kits

Program Type (PEO or Other Contracting): Other Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 3403, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): $1,164,844.00 Justification Type: Class Individual

COORDINATION ( AFFARS 5306.304(a)) Sign and Save Procedure

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Date

21 May 2024

Project Lead / Program Mgr / Requiring Activity MSgt Harwood, Joshua

SCOE, 489-6717

Signature

X

Date

21 Jun 2024

Contracting Officer Lena Kronen

700 CONS/PKB, 489-2840

Signature

X

Date

08 Jul 2024

Local Legal Reviewer Marlesa K. Scott

86AW/JA, 480-5911

Signature

X

APPROVAL (AFFARS 5306.304(a) )

Date

02 Aug 2024

Competition Advocate Joseph F. Lyden Deputy Director of Contracting, AFICC/KU 480-2209

Signature

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 Sole Source Justification Page 2 of 4March 2023 Sole Source Justification Page 2 of 4

I. Contracting Activity.

700 CONS/PKB

Kapaun Air Station, Germany

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

This sole source justification is for a new, firm-fixed price purchase order to procure RFeye nodes, antennas, software, and ancillary equipment to be used in tactical electromagnetic spectrum operations (EMSO) kits in support of the USAFE-AFAFRICA theater. A quote will be requested from CRFS. This requirement is currently treated as an unfunded requirement (UFR) and certified funds are expected to be provided. The solicitation will include FAR clause 52.232-18 "Availability of Funds".

Market Research identified CRFS as the original equipment manufacturer (OEM) and sole source of supply. CRFS validated this via email on 17 April 2024, after being contacted by 700 CONS. There is no period of performance for this requirement as it is a supply. The anticipated delivery is unknown, however based upon market research, the best estimate is approximately between 16 and 20 weeks for delivery after receipt of award. The total estimated cost for the CRFS equipment is $1,164,844.00 and the award will be executed using 1 LOT as the unit of measure since all quotes must be complete, including shipping/delivery costs.

The indicated funding source for this effort are 3400 funds which are valid to be used for one year. Legal has been contacted to receive further guidance on this topic as well. The items can work independently from each other, and as a connected system. Further, each end user item is not in excess of $350,000 and therefore it was confirmed that 3400 funding can be used to fully fund this effort.

III. Description of supplies/services required to meet agency needs.

In this acqusition, we intend to procure RFeye nodes, antennas, software, and ancillary equipment as listed in Attachment 1 - LOM on behalf of 1 CMXS. The minimum salient characteristics required for this purchase are listed in Attachment 2 - Salient Characteristics. The RFeye Node 100-18 is a compact, high-performance receiver designed for a wide range of spectrum monitoring and signal tasks. It covers an extended frequency range up to 18 GHz, catering to advanced real-time spectrum situational awareness. Its capabilities include spectrum monitoring, direction finding, geolocation, and signal analysis, making it versatile for both military small communication operations and tactical applications. The device is optimized for size, weight, and power (SWaP), ensuring it can be easily integrated into various operational environments. Its robust design and advanced features address the growing demands for efficient spectrum management and security, positioning it as a valuable tool in the market for tactical electromagnetic spectrum operations (EMSO) kits. The total estimated dollar value for this acquisition is $1,164,844.00.

This requirement supports 1 CMXS's mission due to current Eastern European Response operations requiring 1 CMXS to deploy Electromagnetic Spectrum support capabilities to sites across Eastern Europe. CMXS currently supports the United States Air Force command in Europe (USAFE) that is enhancing its capabilities for spectrum awareness. It facilitates advanced spectrum monitoring, signal tolerance and geolocation tasks, crucial for maintaining situational awareness and ensuring secure communications.

IV. Statutory authority permitting other than full and open competition.

AFFARS 5313.501 - 10 U.S.C. 3572, Implementation of Simplified Acquisition Procedures

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

CRFS branded equipment is required as the new equipment will need to be fully operational with existing CRFS Mission Manager. At present, 1 CMXS operates USAFE CRFS branded equipment. This CRFS equipment is only operational with other CRFS equipment. Changing to another brand of equipment will require additional cost for equipment and hours of training for systems. Additionally, as it relates to CRFS, their equipment is the only responsible source and no other

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 Sole Source Justification Page 3 of 4March 2023 Sole Source Justification Page 3 of 4 vendor will satisfy 1 CMXS' requirements. If purchasing this material as non-CRFS supplies, the newly procured equipment would run the very high probability risk of not being operational with current employed tools and equipment. This would result in an immediate mission stoppage, substantial increased cost for new tools and equipment, and ultimately cause an unacceptable mission delay.

Based on the aforementioned specifications and capabilities for currently installed nodes across Europe, 1 CMXS requires to link the new devices to current operations. Currently, MAJCOM USAFE A6 has 30 total CRFS assets installed and operating within the USAFE-AFAFRICA theater, each valued at $200K, totaling $6M worth of total equipment.

USAFE A6 is the primary tasking authority over 1 CMXS, and their requirements dictate much of the hardware and software 1 CMXS employ to remain within the same IT ecosystem for compatibility. To pursue a different vendor at this stage in the installation process would require a total systematic replacement of all CRFS electromagnetic spectrum equipment, software, and training currently employed. Operationally, it is not possible for 1 CMXS to fulfill it's mission requirements via another company, and financially it is not feasible to replace the existing infrastructure. Additionally, there are currently no other makes/models available that have the capabilities of CRFS equipment. To continue to accomplish USAFE A6 initiatives, meet organizational requirements, and expand on the current electromagnetic spectrum architecture in place, CRFS is currently the only source that can accomplish this.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Additional market research was accomplished by posting a sources sought notice to SAM trying to identify additional capable vendors or resellers. Interested parties were asked to review the LOM and salient characteristics in order to potentially submit a capability statement indicating whether they have delivered similar items in the past. No submissions in response to this request were received. Due to the constraints regarding the sole source requirement and the system compatibility, there was no additional availability. CRFS was also contacted and they confirmed that the nodes are sole sourced through their company exclusively as stated in their e-mail.

As explained in Section V above, the required equipment has to be employed in USAFE A6's existing CRFS environment due to compatibility reasons.

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

Price fair and reasonableness determination will be accomplished utilizing the price analysis procedures listed in FAR 13.106-3.

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

For market research purposes, different tools were used to find potential sources. Internet research as well as queries on SAM and other government databases such as GSA were accomplished. The mission partner also posted a Request for Information (RFI) on GSA and concluded that GSA cannot be used to satisfy this requirement. As stated in Section VI above, additional market research was attempted but due to system compatibility, no further sources were identified to be able to fulfill this effort.

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

USAFE only allows the currently approved items to be used within the existing system.

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

CRFS as the sole source vendor expressed interest by providing a quote to the customer during the initial market research phase and they are the only ones able to provide the required equipment.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

March 2023 Sole Source Justification Page 4 of 4March 2023 Sole Source Justification Page 4 of 4

XI. 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.

Due to the existing system that's already in place this acquisition is dependent upon the vendor's unique equipment.

While other manufacturers are starting to develop similar equipment, future new equipment will continuously be thoroughly monitored and until new suitable substitutes become available, only the current CRFS equipment is allowed per USAFE regulations. If similar developed products are approved in the future for use by USAFE, this may shift to a competitive requirement.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

Remove the Guidance pages below.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items March 2023 Page of International Agreement Competitive Restrictions (IACR) March 2023 Page of NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Funding level for this acquisition:

Authority:

Justification Type:

COORDINATION ( AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

APPROVAL (AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the funding level selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Contracting Activity.

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

III. Description of supplies/services required to meet agency needs.

IV. Statutory authority permitting other than full and open competition.

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

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

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

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

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

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

XI. 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.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template

I. Contracting Activity. (FAR 6.303-2(b)(1))

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action.

II. Nature and/or description of the action being processed. (FAR 6.303-2(b)(2))

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (FAR 12.207 and DFARS 212.207).

An individual Justification cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate Justification prior to option exercise or the Justification supporting the basic contract must be a Class Justification. For Class Justification situations (covers more than one contract) where the number of contracts in the class can be identified: (1) Provide a brief general description of actions; (2) identify the supplies and services that are being acquired; and (3) for each contract in the class identify the contractor, estimated value, type of contract and rationale for contract length, and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired, the total estimated value of the acquisition - including options (provide cost estimate by year and, for class Justifications, by contract action), and the estimated delivery dates/periods of performance If commodities are being procured, provide quantities. All contract line items (CLIN) -- e.g., technical data, support equipment, support services, etc. -- should be listed. If all of the ancillary requirements associated with a particular item are not specifically described in the Justifications, those ancillary requirements cannot be included in the resulting contract and would require a second Justification. Also, state the type of appropriation (e.g., 3010, 3400) that will be used to fund each requirement listed.

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements.

In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated Justification dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4)) V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority). (FAR 6.303-2(b)(5)) Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies.

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (10 U.S.C. 3204) VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

(FAR 6.303-2(b)(6))

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. Reference FAR 13.105, Synopsis and Posting Requirements.

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Generally, some form of market research should be conducted. Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available.

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

XI. 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. (FAR 6.303-2(b)(11))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date, or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this Justification, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a Justification citing the same authority, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 13.501(a)(2)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

[DFARS 213.501(a) and DFARS PGI 206.304(a)(S-70)(ii)] XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

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