Attachment 3 - SSJ JA - MFT 20-32 (Updated 7-27-20).pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

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Was a J&A approved for the preceding acquisition? Yes No

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

Is this a Bridge Action as defined at AFFARS 5302.101? Yes No

Dollar Value of this Acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 60th Contracting Squadron, Travis AFB

Purchase Request (if available): F3Z3510027AC01

Program / Project (and PE, if applicable): Enterprise Land Mobile Radio (ELMR) Sustainment Services

Program Type (PEO, Enterprise, of Operational): Other Contracting

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): $ 9,951,000.00 J&A Type: Class Individual

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

** 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.

Date AMC/ACC System Manager James P. Kirby

60 CS/SCOT (707) 424-0183

Signature

X

Date

30 Apr 2020

Contracting Officer Ivy Abafo

60 CONS/PKB (707) 424-7738

Signature

X

Date

29 Apr 2020

Local Legal Reviewer Charles Park

60 AMW/JA, (707) 424-1506

Signature

X

Date Competition Advocate Cynthia Littlejohn

60 CONS/CD, (707) 424-7713

Signature

X

Date

11 May 2020

Chief of the Contracting Office (COCO) Katrina L. Curtis, Lt Col

60 CONS/CC, (707) 424-7714

Signature

X

APPROVAL (AFFARS 5306.304(a) )

Date

29 Jul 2020

Approval Authority/Competition Advocate

SUSAN MADISON

AFICC HQ/KM DSN 779-0267

Signature

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

I. Agency and Contracting Activity.

The requiring activity: 60th Communications Squadron (60 CS), 581 Waldron Street, Building 243 Bay F-2, Travis Air Force base, California.

The contracting activity: 60th Contracting Squadron (60 CONS), 350 Hangar Avenue, Building 549, Travis Air Force base, California.

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

Travis AFB has a follow-on requirement for Lifecycle Support to sustain the Motorola Enterprise Land Mobile Radio (ELMR) system infrastructure at Travis AFB and 16 connected remote sites across both AMC and ACC. This will be a new firm fixed price contract.

Travis AFB's current ELMR contract (FA4427-17-F-0113, base plus 2 option years) expires 29 Sep 2020. This is primarily a product acquisition, with ongoing service for the ELMR network. The network includes the Motorola ASTRO25 zone core controller at Travis AFB, plus 10 AMC supported remote sites. By 2022, Air Force Installation Mission Support Center (IMSC) plans to standardize the ELMR network across the Air Force. Thus, IMSC has added several ACC remote sites with imminent ELMR sustainment expiration to Travis AFB's follow-on requirement to bridge their service gap until standardization is in place.

The Advanced Plus service is proprietary to Motorola Solutions, Inc. and includes a comprehensive bundling of factory certified hardware and software installation, integration, and implementation services designed to update and maintain Enterprise level Motorola ASTRO25 Land Mobile Radio (LMR) systems. Travis AFB houses the Motorola ASTRO25 zone core controller and requires the capability to maintain the security, integrity, and reliability of the existing Motorola ELMR system by sustaining relevance with the latest manufacturer's software releases.

The Advanced Plus services will deliver total system tech refresh, consisting of software/hardware updates as needed to ensure the system continuously maintains cyber-security and secure/reliable radio communications throughout AMC and ACC. The tech refresh also ensures continued functionality of all critical operational and security features, including the centralized LMR fleet management capabilities using existing Key Management Facility (KMF), Over-the- Air-Rekeying (OTAR), and Over-the-Air-Programming/Programming over Project 25 (OTAP/PoP25) servers and software.

III. Description of supplies/services required to meet agency needs (including the estimated value).

The Period of Performance and Independent Government Cost Estimate for this requirement are:

Period of Performance (PoP):

Base Year: 30 Sep 2020 - 29 Sep 2021 Option Year 1: 30 Sep 2021 - 29 Sep 2022 By 2022, Air Force Installation Mission Support Center (IMSC) intends to standardize and fund all ELMR sustainment contracts across the USAF. The base + 1 option year PoP for this requirement is intended to provide ELMR Sustainment for Travis AFB plus 16 connected installations until then.

Independent Government Cost Estimate: $9,951,000.00 Base Year: $4,851,000.00 Option Year 1: $5,100,000.00

The AMC/ACC ELMR network must support mission operations and emergency communications at fourteen (14) Air Force bases and three (3) joint bases, directly supporting over 9,500 system users. The Motorola ASTRO25 zone core controller located at TAFB uses proprietary software and protocols which are only supportable by the manufacturer, Motorola. The Motorola ASTRO25 system version must be maintained current to support approved Motorola software patches and service updates without risk to network operations or critical cyber security controls. The Advanced Plus

March 2020 FOR OFFICIAL USE ONLY Page 3 of 11March 2020 FOR OFFICIAL USE ONLY Page 3 of 11 service is designed to maintain the ASTRO25 system version within a minimum of two current manufacturer releases, minimizing technology gaps and reducing hardware/system replacement and integration requirements.

All connected Trunked Land Mobile Radio (TLMR) infrastructure at the 16 radio sites are also proprietary to Motorola's system design and production protocols. Motorola systems require utilization of same brand components and/or Motorola certified third party products to ensure 100 percent interoperability and functionality of the system. AMC and ACC have invested more than $95M since 2012 to sustain, secure, and expand the ELMR network across all AMC/ ACC installations. Lifecycle management and sustainment for the multi-command wide ELMR network must be supported to maximize the return on investments and sustain mission critical command and control, emergency dispatch & response, and mission support capabilities.

Operating interconnected remote LMR sites requires that all networked systems must be fully compatible with the main Motorola ASTRO25 zone core controller located at TAFB. The requirement to provide 100 percent interoperability and functionality with all components and features can only be satisfied by the original system manufacturer, Motorola Solutions Inc. Without the Advanced Plus services, the existing ELMR infrastructures and ASTRO25 system zone controller would become obsolete and prone to reduced operational availability and reliability without extensive major system "Forklift" replacement at significantly increased costs. The Motorola system zone core controller and operating software platform does not directly inter-operate with other manufactured systems and will not support AMC/ACC's need to centralize system management capabilities.

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

10 USC 2304(c)(1), as implemented by FAR 6.302-1, Only One Responsible Source and No other Supplies or Services Will Satisfy Agency Requirements

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

The LMR network is a highly specialized two-way radio system that requires a zone core controller, infrastructure, end devices, software, maintenance performed by certified professionals, and Authority to Operate (ATO). The current ELMR system consists of Motorola's ASTRO25 zone core controller located at Travis AFB, the remote site infrastructure, and back-haul connectivity equipment. This system is a Motorola certified standardized intra-base system operating under a single ATO, which is required in order to connect and operate on the AF network.

Obtaining the ATO involves a lengthy approval process and is specific to the actual equipment that connects to the network.

On 17 April 2020, Travis AFB obtained an extension to 30 Nov 2020 for the current Motorola ASTRO 25 ELMR system's ATO.

Additionally, an ATO application was submitted in June 2020 for up to 3 more years on this same equipment. This ATO is fully expected to be approved on time, as it is has been previously approved on this system, and it is only one of many ATO's approved for Motorola equipment. The estimate to obtain a new ATO for a non-Motorola system is 6 months. A delay of this magnitude would result in the first 6 months of FY21 without mission operations and emergency communications at fourteen (14) Air Force bases and three (3) joint bases for 9,500 system users. Additionally, a new ATO for a new system would require $200K worth of Information Assurance work to be re-accomplished.

Due to the highly specialized nature of the current system, Motorola-certified technicians are required to sustain it. A Motorola-certified ASTRO 25 IV & D Radio System Administrator is needed to perform administrative tasks on the current platform. The Motorola training courses for this certification are available to Motorola employees and affiliates, and include

(1) ASTRO 25 IV&D System Overview [AST1038], (2) ASTRO 25 IV&D Radio System Administrator Workshop [AST4102], (3) Bridging the Knowledge Gap System Administrator [ACT101E], (4) Networking Essentials in Communication Equipment [NST762], (5) ASTRO 25 Applied Networking (NWT003). After completion of this training, the users will have the ability to carry out administrative tasks on the ASTRO 25 IV&D system to include: provisioning subscribers and talk groups, generating historical reports, controlling deployed subscribers, and managing network element configurations. These training requirements are identified in the Product and System Technical Training Course Catalog, Motorola Solutions Learning (2020). While Motorola affiliates may earn the certification to perform the aforementioned administrative tasks, only Motorola employees have the proper training to fully sustain the highly specialized ASTRO 25 ELMR system. Only Motorola

March 2020 FOR OFFICIAL USE ONLY Page 4 of 11March 2020 FOR OFFICIAL USE ONLY Page 4 of 11 can provide complex repairs. Only Motorola can deliver total system tech refresh (described in Section II), consisting of software/hardware updates to maintain cyber-security, critical functionality, and secure/reliable radio communications throughout AMC and ACC.

Per the Department of Homeland Security (DHS), the Tactical Communications Equipment and Services II (TacCom II) IDIQ multi-agency contract is currently an available vehicle for LMR requirements. While this contract does provide an opportunity to order LMR equipment and services from an array of contracted suppliers, TacCom's focus is on tactical operational forces. According to the 16 Oct 2019 AF Land Mobile Radio (LMR) Category Intelligence Report (CIR), tactical/ expeditionary radio missions, capabilities, and communities are distinct from common Air Force LMR. Tactical/expeditionary radios are considered hi-level encryption and survivability in combat environments, needing hi power/data, multi-band RF, and SATCOM air-to-ground capabilities. These capabilities are out of scope and beyond what is needed for Travis AFB's requirement.

Along with these unneeded capabilities, the CIR found that average subscriber costs for DHS LMR requirements are substantially higher than typical Air Force LMR costs. Furthermore, awarding to any vendor under TacCom (other than Motorola) would require a new ATO for their specific LMR equipment, which would take approximately 6 months to approve, and is estimated to cost $200K in Information Assurance re-work. Non-Motorola TacCom vendors also do not have the necessary certifications to sustain the ASTRO 25 system. Therefore, while the DHS TacCom II contract does provide LMR for tactical operational requirements, it is not an option for the Travis AFB requirement, as it is both out of scope and not cost effective.

Travis AFB, representing AMC and ACC, through market research concludes an award to any source other than Motorola Solutions, Inc. would result in substantial duplication of costs to the Government that is not expected to be recovered through competition. Only Motorola Solutions Inc. provides component repairs and part replacements on Motorola products that must be completed at the factory. Only Motorola's Federal Support Center is capable of delivering remote system performance monitoring, factory certified technical support and remote software security patching services. Only Motorola can manage all AMC and ACC ELMR system software, security, and configuration protocols due to Information Assurance (IA) requirements that are highly sensitive. No third party or authorized resellers can deliver required Motorola Advanced Plus services. Awarding to a third party would drive up costs, as the awardee would have to subcontract to Motorola to provide required services.

Non-Motorola manufactured systems could provide similar capabilities but they are proprietary to that vendor and will require full replacement of the zone core controller and all base level infrastructures and LMR subscribers to deliver the same existing capabilities. Estimated costs to complete this effort would exceed $99M (Core - $3M, 16 Sites - $14M, 9,500 LMR Subscribers - $82M) and would take years to complete under the most favorable budget environment. Since 2012, AMC/ACC has funded and expended $95M in LMR infrastructure and subscriber radio procurement contracts and must sustain these systems to maximize return on investments.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

The 60th CS and the 60th CONS at Travis AFB conducted market research in an attempt to identify sources that would be able to satisfy the 17 AMC/ACC installation ELMR sustainment requirement. Mandatory sources were reviewed, including 2nd Generation IT (2GIT) multiple award Blanket Purchase Agreement, AbilityOne, and FPI. However, protests were filed against the 2GIT BPA in Nov 2019, so the BPA is still unavailable until the protests are resolved. AbilityOne and FPI do not offer services that can support the requirement.

60 CONS posted a Sources Sought notice on beta.SAM.gov for 15 days, from December 10 - 24, 2019 to gather information on interested companies, their capabilities, and socioeconomic status. The posting specifically stated that the contractor must provide services within the Motorola Advanced Plus offerings to sustain and support lifecycle management of ASTRO25 ELMR systems. Motorola Solutions Inc. responded as interested, as well as five (5) additional companies: BK Technologies/Relm Communications Inc., AEG Group, Inc., Haight Bey & Associates LLC, New Tech Solutions, Inc., and Cynergy Professional Systems. However, these 5 additional companies that showed interest simply attempted to offer their own radios and services. None of them stated they are certified to sustain and support lifecycle management of ASTRO25 ELMR systems.

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Furthermore, in February 2020, Travis AFB contacted Motorola Solutions Inc. directly, inquiring whether any additional or partner companies are authorized/certified to provide the services and parts needed to sustain the ASTRO25 ELMR system for the AMC/ACC requirement. Motorola responded that they are the sole provider of these sustainment services to ensure the security of the system, and that they have no authorized partners with the proper training or experience to provide the required levels of service. Only certified Motorola employees may work on the ASTRO25 ELMR system to ensure all warranties are honored.

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

The IGCE of $9,951,000.00 encompasses service at the core controller (Travis AFB), and 16 additional bases for a period of base year plus one option year. Some of these bases, such as Joint Base Langley Eustis, are massive and significantly increase overall cost compared to the current, smaller contract. A base plus one year contract would best support the requirement to sustain ELMR operations and cyber security policy compliance by maintaining relevance with the manufacturer's and third party software and hardware support capabilities. At this time, there are no feasible actions that could develop future competition until a full equipment replacement is required to replace the existing Motorola ASTRO25 LMR system and inherent technologies are no longer proprietary.

The Contracting Officer will make a determination that the proposed price is fair and reasonable using:

1) The pricing technique at FAR 15.404-1(b)(2)(ii), comparison of proposed prices to historical prices paid for the same or similar items, i.e. Travis AFB's current ELMR contract (FA4427-17-F-0113).

2) FAR 15.404-1(b)(2)(v), comparison with independent government cost estimates.

3) FAR 15.404-1(b)(2)(vi), comparison with prices obtained through market research.

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

The Motorola Advanced Plus service offering is the current Air Force standard being applied across all MAJCOMs. Recently HQ AETC/A6FP contacted Motorola Solutions Inc. (the manufacturer of the AETC ELMR system), Air Force IMSC, and the Air Force Installation Contracting Center (AFICC) to verify potential availability of authorized resellers or dealers capable of delivering all Advanced Plus services. IMSC provided a sole source J&A for reference that was approved in Jan 2018 by 21 CONS, Peterson AFB, that provides findings that identify Motorola Solutions Inc. as the only source available to meet the unique requirements inherent to a Motorola LMR system. Findings are that due to the complexity of large ELMR systems and the sophisticated integrated features, Motorola Solutions Inc. is the only source capable of delivering all required services.

Per IMSC and AFICC, all existing Air Force ELMR sustainment and Lifecycle management service contracts require Motorola Inc. services to deliver all required support.

By 2022, AFIMSC will standardize and fund all ELMR sustainment contracts across the USAF. For Travis AFB's current ELMR contract (FA4427-17-F-0113), the Motorola ASTRO25 zone core controller at Travis AFB shares Land Mobile Radio services with 10 other AMC Air Force bases. The sharing of this core reduces costs by eliminating duplication of procurement services, and the core provides the contractor ease in viewing the ELMR system as one. For the new requirement, HQ AMC and HQ ACC coordinated to add 6 ACC bases with expiring ELMR sustainment onto the Travis AFB core. For these 16 remote AMC/ACC installations, the period of performance will include the base year and one option year. This period of performance is in line to culminate as the USAF awards the follow-on standardized contract in 2022.

Since IMSC's findings referenced above are now 2 years old, the 60th CS and the 60th CONS at Travis AFB also conducted independent market research in an attempt to locate any additional sources that would be able to satisfy the Travis AFB plus 16 AMC/ACC installation ELMR sustainment requirement. See Section VI above.

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

Motorola Solutions Inc. is the only firm capable of providing the services described in Section III of this J&A without the Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition in fulfilling its requirements. A base plus one option year contract is being requested and would best support the requirement to sustain ELMR operations and cyber security policy compliance by maintaining relevance with the manufacturer's and third party software and hardware support capabilities. At this time, there are no feasible actions that could develop future competition until a full equipment replacement is required to replace the existing Motorola ASTRO25 LMR system and inherent technologies are no longer proprietary.

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

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.

The Government will continue to perform market research to determine if using Motorola continues to be the most advantageous method of acquisition for this requirement. If market research determines that repurchase of another system is a feasible alternative and the Air Force decides to implement a new solution to replace the ELMR system, a competitive acquisition will be pursued as long as the new software is not proprietary to one vendor. The Government will continue to monitor the market situation for future sources of the required support.

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 the signatures above, we certify that the supporting data contained herein, which is our responsibility, is both accurate and complete.

Remove the Guidance pages below. Remove the IACR pages below.

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Specific Guidance for Completing this Template

I. Agency and Contracting Activity.

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

State whether the action is a new contract or a modification to an existing contract (identify contract number) and identify the contract type planned (e.g., firm-fixed-price, cost-plus-incentive-fee, hybrid etc.). If exception 2 is cited (unusual or compelling urgency), include the date of UCA/contract/modification issuance and amount.

For class J&As, where the number of contracts in the class can be identified: Provide the nature and/or description of each contract action and contract type. If the same information applies to more than one contract, it need only be stated once.

III. Description of the supplies/services required to meet agency needs (including the estimated value).

(FAR 6.303-2(b)(3))

Describe the supplies and/or services to be acquired and include the total estimated value of the acquisition and, for class J&As, by contract action, and the estimated periods of performance.

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

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4))

10 USC 2304(c)(?) (see Note 1), as implemented by FAR 6.302-? (see Note 2), and required by FAR 6.303-2(b)(4).

Note 1: Complete the 10 USC 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A. Do not provide more than one citation.

Note 2: Complete the FAR citation with the appropriate subparagraph.

Note 3: For class J&As, all contracts within the class must fall within the same statutory authority.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above. (FAR 6.303-2(b)(5))

Provide an explanation to support the use of the authority cited. The explanation should tie back to the conditions described in the FAR for using the particular authority cited.

A. Only One Responsible Source (FAR 6.302-1) (DFARS 206.302-1 and DFARS PGI 206.302-1)

When using this authority, thoroughly describe the contractor's unique/highly specialized capabilities and/or qualifications (e.g., facilities, personnel, special tooling acquired), and why no other type of supplies or services will satisfy the agency requirements. This authority shall be used, if appropriate, in preference to the authority in FAR 6.302-7. This authority shall not be used when any of the other authorities apply.

For example, in the case of a follow-on contract for continued development or production of a major system or highly specialized equipment/services, the rationale must first justify the supplies/services as being a “major system” or “highly specialized.” The rationale must then justify “either” substantial duplication of cost to the government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements, whichever situation applies.

In accordance with DFARS 206.302-1(c)(2) Application for brand-name descriptions. Notwithstanding FAR 6.302-1(c)(2), in

March 2020 FOR OFFICIAL USE ONLY Page 8 of 11 accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 6.303 is required in order to use brand name or equal descriptions.

B. Unusual and Compelling Urgency (FAR 6.302-2, DFARS 206.302-2, and DFARS PGI 206.302-2)

Contracting Officers must notify SAF/AQC as soon as practicable when contemplating the use of this authority for a J&A requiring SPE approval.

Provide an explanation why (1) the supplies or services are needed at once and/or (2) essential equipment or repairs to that equipment are needed at once to preclude the ability to meet critical mission needs of the USAF and Defense of the Nation. In other words, identify the anticipated serious injury to the Government, the nature of the urgency, the reasons for it occurring and why it is “urgent and compelling” to preclude adverse impact to military readiness. Merely citing a Joint Urgent Operational Need (JUON), Force Activity Designator (FAD) rating, Program Management Directive (PMD)/Program Action Directive (PAD) guidance, or DX priority rating is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition. Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception. In addition, the period of performance may not exceed one year, including all options [FAR 6.302-2(d)(ii)]; thus, the inclusion of options, when using this authority, is not advised.

Note: This statutory authority requires that agencies request offers from as many potential sources as is practicable under the circumstances.

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3)

Justifications citing this authority must demonstrate the need to establish or maintain an essential capability, or a contract for supplies or services incidental to establishing or maintaining an essential capability, possessed by the identified source(s).

Some form of market survey must support the need to establish or maintain the capability being procured.

D. Authorized or Required by Statute (FAR 6.302-5)

Identify what is being acquired and the applicable statute authorizing other than full and open competition in accordance with FAR 6.302-5(b).

Note: Some statutes do not require a written J&A.

E. National Security (FAR 6.302-6)

This authority may be used for any acquisition when disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified material will be necessary to submit a proposal or to perform the contract. Full and open competition need not be provided for when the disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. This statutory authority requires that agencies shall request offers from as many potential sources as dis practicable under the circumstances.

F. Public Interest (FAR 6.302-7 and DFARS 206.302-7)

The use of this authority requires a written Determination and Finding (D&F) in accordance with FAR 1.7 in lieu of J&A. The D&F shall not be made on a class basis.

This authority may only be used when none of the other authorities apply. Provide detail addressing the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR

5.202 applies. (FAR 6.303-2(b)(6))

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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 VIII. To ensure completeness, it is best to provide information such as the following:

If a sources sought synopsis or an RFI was issued, provide the date the synopsis was issued along with a brief description of its content.

Identify the number of responses received, the results of the screening process, and the rationale for determining the unacceptability of any respondents. Note: An RFI or Sources Sought Synopsis is mandatory IAW DFARS PGI 206.303-2(b)(i) when citing the authority of 10 USC 2304(c)(1), “Only one (or a limited number of) responsible source(s)”.

Specify whether this acquisition will require a Notice of proposed Contract Action (NOCA) IAW FAR 5.201 and if not, provide the exception IAW FAR 5.202. If a NOCA was or will be publicized provide the dates or expected dates of publication of the NOCA. Address any other actions taken or planned to facilitate competition for this acquisition.

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))

Provide the basis for this determination.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted.

(FAR 6.303-2(b)(8))

Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research.

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 market research was not 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))

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

If a sources sought synopsis or RFI was issued 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))

If no actions are planned, provide rationale (i.e., sole-source to OEM, unable to compete due to inability to procure data rights, etc.)

IAW DFARS PGI 206.304(a)(S-70)(ii), for a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a J&A citing the authority at FAR 6.302-1. Include a copy of the previous J&A and 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; and

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 DFARS 206.304). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

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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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The following page contains a suggested template for “International Agreement Competitive Restrictions (IACR)”.

The authority to prepare an IACR has been delegated from the HCA to the Contracting Officer.

(AFFARS 5306.302-4)

International Agreement Competitive Restrictions ( IACR)

FOR OFFICIAL USE ONLY

March 2020

Remove all pages above.

I. Organization:

[ Agency, Contracting Activity (include base name and zip code) ] [ PCO (Name / Office Symbol / Phone) ] [ PR Number (If desired) ]

II. Nature and/or description of the action being approved:

III. Description of the supplies or services being acquired, including the estimated value:

[ Include contract type, period of performance, cost and schedule, and rationale. ]

IV. Statutory Authority: 10 USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.

V. Applicability of Authority:

[ State that the cited exception is applicable because (LOA #, treaty, agreement, etc.), dated ____________, directed that the requirement be obtained from __________________. ]

[ NOTE: Provide a copy of the page(s) of the agreement, treaty, or written directions that has the effect of restricting competition by the requirements activity and attach them to the IACR. ]

VI. Certification of Accuracy and Completeness:

As evidenced by his/her signature, the contracting officer has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The CO also approves the IACR.

As evidenced by his/her signature, the program/technical/requirements manager(s) have/has determined that any supporting data contained in the IACR, which is his/her responsibility, is both accurate and complete.

March 2020 Page of International Agreement Competitive Restrictions (IACR) Page of March 2020 Was a J&A approved for the preceding acquisition?

!! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined at AFFARS 5302.101?

Dollar Value of this Acquisition:

J&A Type:

!! Provide estimated cost of all contracts.

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

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APPROVAL (AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the "Dollar Value of this Acquisition" selected above.

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

I. Agency and Contracting Activity.

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

III. Description of supplies/services required to meet agency needs (including the estimated value).

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

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires 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, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

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. Agency and Contracting Activity.

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

State whether the action is a new contract or a modification to an existing contract (identify contract number) and identify the contract type planned (e.g., firm-fixed-price, cost-plus-incentive-fee, hybrid etc.). If exception 2 is cited (unusual or compelling urgency), include the date of UCA/contract/modification issuance and amount.

For class J&As, where the number of contracts in the class can be identified: Provide the nature and/or description of each contract action and contract type. If the same information applies to more than one contract, it need only be stated once.

III. Description of the supplies/services required to meet agency needs (including the estimated value).

(FAR 6.303-2(b)(3))

Describe the supplies and/or services to be acquired and include the total estimated value of the acquisition and, for class J&As, by contract action, and the estimated periods of performance.

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

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4))

10 USC 2304(c)(?) (see Note 1), as implemented by FAR 6.302-? (see Note 2), and required by FAR 6.303-2(b)(4).

Note 1: Complete the 10 USC 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A. Do not provide more than one citation.

Note 2: Complete the FAR citation with the appropriate subparagraph.

Note 3: For class J&As, all contracts within the class must fall within the same statutory authority.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above. (FAR 6.303-2(b)(5))

Provide an explanation to support the use of the authority cited. The explanation should tie back to the conditions described in the FAR for using the particular authority cited.

A. Only One Responsible Source (FAR 6.302-1) (DFARS 206.302-1 and DFARS PGI 206.302-1)

When using this authority, thoroughly describe the contractor's unique/highly specialized capabilities and/or qualifications (e.g., facilities, personnel, special tooling acquired), and why no other type of supplies or services will satisfy the agency requirements. This authority shall be used, if appropriate, in preference to the authority in FAR 6.302-7. This authority shall not be used when any of the other authorities apply.

For example, in the case of a follow-on contract for continued development or production of a major system or highly specialized equipment/services, the rationale must first justify the supplies/services as being a “major system” or “highly specialized.” The rationale must then justify “either” substantial duplication of cost to the government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements, whichever situation applies.

In accordance with DFARS 206.302-1(c)(2) Application for brand-name descriptions. Notwithstanding FAR 6.302-1(c)(2), in accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 6.303 is required in order to use brand name or equal descriptions.

B. Unusual and Compelling Urgency (FAR 6.302-2, DFARS 206.302-2, and DFARS PGI 206.302-2)

Contracting Officers must notify SAF/AQC as soon as practicable when contemplating the use of this authority for a J&A requiring SPE approval.

Provide an explanation why (1) the supplies or services are needed at once and/or (2) essential equipment or repairs to that equipment are needed at once to preclude the ability to meet critical mission needs of the USAF and Defense of the Nation. In other words, identify the anticipated serious injury to the Government, the nature of the urgency, the reasons for it occurring and why it is “urgent and compelling” to preclude adverse impact to military readiness. Merely citing a Joint Urgent Operational Need (JUON), Force Activity Designator (FAD) rating, Program Management Directive (PMD)/Program Action Directive (PAD) guidance, or DX priority rating is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition. Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception. In addition, the period of performance may not exceed one year, including all options [FAR 6.302-2(d)(ii)]; thus, the inclusion of options, when using this authority, is not advised.

Note: This statutory authority requires that agencies request offers from as many potential sources as is practicable under the circumstances.

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3)

Justifications citing this authority must demonstrate the need to establish or maintain an essential capability, or a contract for supplies or services incidental to establishing or maintaining an essential capability, possessed by the identified source(s). Some form of market survey must support the need to establish or maintain the capability being procured.

D. Authorized or Required by Statute (FAR 6.302-5)

Identify what is being acquired and the applicable statute authorizing other than full and open competition in accordance with FAR 6.302-5(b).

Note: Some statutes do not require a written J&A.

E. National Security (FAR 6.302-6)

This authority may be used for any acquisition when disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified material will be necessary to submit a proposal or to perform the contract. Full and open competition need not be provided for when the disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. This statutory authority requires that agencies shall request offers from as many potential sources as dis practicable under the circumstances.

F. Public Interest (FAR 6.302-7 and DFARS 206.302-7)

The use of this authority requires a written Determination and Finding (D&F) in accordance with FAR 1.7 in lieu of J&A. The D&F shall not be made on a class basis.

This authority may only be used when none of the other authorities apply. Provide detail addressing the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under FAR 5.202 applies. (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 VIII. To ensure completeness, it is best to provide information such as the following:

If a sources sought synopsis or an RFI was issued, provide the date the synopsis was issued along with a brief description of its content. Identify the number of responses received, the results of the screening process, and the rationale for determining the unacceptability of any respondents. Note: An RFI or Sources Sought Synopsis is mandatory IAW DFARS PGI 206.303-2(b)(i) when citing the authority of 10 USC 2304(c)(1), “Only one (or a limited number of) responsible source(s)”.

Specify whether this acquisition will require a Notice of proposed Contract Action (NOCA) IAW FAR 5.201 and if not, provide the exception IAW FAR 5.202. If a NOCA was or will be publicized provide the dates or expected dates of publication of the NOCA. Address any other actions taken or planned to facilitate competition for this acquisition.

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))

Provide the basis for this determination.

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

Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research.

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 market research was not 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))

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

If a sources sought synopsis or RFI was issued 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))

If no actions are planned, provide rationale (i.e., sole-source to OEM, unable to compete due to inability to procure data rights, etc.) IAW DFARS PGI 206.304(a)(S-70)(ii), for a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a J&A citing the authority at FAR 6.302-1. Include a copy of the previous J&A and 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; and

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 DFARS 206.304). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

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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The following page contains a suggested template for “International Agreement Competitive Restrictions (IACR)”.

The authority to prepare an IACR has been delegated from the HCA to the Contracting Officer.

(AFFARS 5306.302-4)

IV. Statutory Authority: 10 USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.

VI. Certification of Accuracy and Completeness:

As evidenced by his/her signature, the contracting officer has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The CO also approves the IACR.

As evidenced by his/her…