DASR JA Redacted.docx

CONTROLLED UNCLASSIFIED INFORMATION

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

CONTROLLED UNCLASSIFIED INFORMATION

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

CONTROLLED UNCLASSIFIED INFORMATION

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

I. Agency and Contracting Activity.

The Air Force Materiel Command (AFMC) Air Force Life Cycle Management Center (AFLCMC), Electronic Systems Directorate (ES), Aerospace Management Systems Division (ESA), Contracting Office (ESAK), 75 Vandenberg Drive, Hanscom Air Force Base, MA 01731-2103 is the contracting organization responsible for this proposed contracting action and is seeking approval for this Justification and Approval (J&A) for Other Than Full and Open Competition. The Contracting Officer for this action is Ms. Janice E. Sullivan, phone (380) 456-3013, E-mail: janice.sullivan@us.af.mil.

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

AFLCMC/ESAK intends to award a twelve-month extension to the ordering period of the current DASR Sustainment Indefinite Delivery/Indefinite Quantity (ID/IQ) Contract, FA8730-20-D-0039, from March 28, 2026 to March 27, 2027, and increase the maximum amount from $. AFLCMC/ESAK also intends to extend the date beyond which the contractor cannot be required to perform in FAR 52.216-22(d) from September 28, 2027 to September 28, 2029, for a total of 9 years of performance. to $

The purpose of the extension is to enable the continued sustainment and modernization of the existing 157 Digital Airport Surveillance Radars (DASRs), on a sole source basis to the Raytheon Company located at 1001 Boston Post E., Marlborough, MA 01752-3789 while simultaneously establishing a new sole source contract that will cover DASR sustainment and modernization efforts through 2038. The expected award date for the new DASR ID/IQ Sustainment Contract is August 27, 2026. The follow-on contract is late due to the amount of time it took to prepare and coordinate the Justification and Approval and the Acquisition Strategy Panel briefing, due to the number of questions and comments received from during the coordination cycle. The Program Management Office (PMO) is also requesting a $ increase to the current IDIQ Sustainment Contract maximum amount raising it from $. This increase is required to fund the procurement of the Mk3 Monopulse Secondary Surveillance Radar (MSSR) interrogators as a replacement for the obsolete Mk2 MSSR interrogators, which are no longer in production by Raytheon. to $

Contract types for this effort include Cost Plus Fixed Fee, Cost Reimbursement, Firm Fixed Price, and Time and Materials.

This ordering period extension will utilize Procurement (3080) and Operation and Maintenance Centralized Assets Management (CAM) (3400) funding and has an estimated maximum amount increase of $. The Independent Government Cost Estimate incorporates the approved Department of Defense funding.

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

DASR systems are terminal area radar systems that provide primary surveillance coverage, secondary surveillance coverage, and calibrated weather precipitation intensity reports to automation systems and air traffic controllers. DASR systems play a critical role in ensuring safety of flight by providing air traffic controllers with radar coverage and situational awareness of covered air space, ensuring safe separation and sequencing aircraft within the National Airspace System and at overseas locations. The Department of Defense (DoD) (including Army, Navy, and Air Force) and the Federal Aviation Administration (FAA) jointly procured 157 DASR systems through two (2) production contracts. The Air Force is the lead service for the DASR Sustainment Program while the FAA is the lead service for the DASR configuration. The Air Force, as part of its lead service role, has an Interagency Agreement (693KA7-22-N-00006) with the FAA and a Memorandum of Agreement (MOA 21-01) with the Army and Navy.

A twelve (12) month ordering period extension to the current ID/IQ Sustainment Contract is required to ensure continuous support, maintenance, and modernization of the existing 157 DASRs. This extension enables the continued sustainment and modernization of the existing 157 Digital Airport Surveillance Radars (DASR) pending the anticipated award of a new DASR Sustainment ID/IQ Contract, with a current estimated award date of August 27, 2026. This anticipated award date may slip to the right due to the required approval level at SAF/AQ and the additional twelve (12) month ordering period should prevent any gaps in sustainment.

The Program Management Office (PMO) is also requesting a $ increase to the current IDIQ Sustainment Contract maximum amount raising it from $. This increase is required to fund the procurement of Mk3 Monopulse to $

Secondary Surveillance Radar (MSSR) interrogators as a replacement for the obsolete Mk2 MSSR interrogators, which are no longer in production by Raytheon.

It is in the Government's best interest to extend the ordering period and increase the maximum amount of the existing ID/IQ Sustainment Contract to the Raytheon Company to ensure Government needs will continue to be met. DASR systems play a critical role in ensuring safety of flight in air traffic controllers by providing radar coverage and situational awareness of covered airspace, preventing aircraft collisions. DASR systems also play a critical role in detecting any foreign object in the airspace that might be a threat to national security.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

The statutory authority that permits other than full and open competition for this acquisition is 10 U.S.C. 3204(b)(B), as implemented by FAR 6.302-1(a)(2)(ii), Only one responsible source and no other supplies or services will satisfy agency requirements.

Consistent with the intent of FAR 6.302-1(a)(2)(ii), this action is a follow-on contract modification for the continued replacement of obsolete parts and provision of an item of highly specialized equipment, and as such may be deemed to be available only from Raytheon, the original equipment manufacturer (OEM), when it is likely that award to any other source would result in unacceptable delays and substantial duplication of costs in fulfilling the Air Force's requirements. Therefore, this acquisition will be a follow-on contract modification for the continued sustainment support of highly specialized equipment.

The DASR Systems were derived from Raytheon Company's ASR-10SS and Mk2. The systems were initially delivered under the DoD National Airspace Systems Modernization Program, an ACAT IC Program for the replacement and modernization of existing domestic and overseas Air Traffic Control facilities. Although these systems were developed under DoD contracts they were based upon Independent Research and Development (IRAD) that Raytheon completed. Raytheon Company manufactured the DASR systems under two (2) production contracts: F19628-96-D-0038 (1996-2011) and FA8730-08-D-0001 (2008-2020). The initial production contract was competitively awarded to the Raytheon Company. The follow-on contract was awarded on a sole-source basis to Raytheon.

The DASR PMO has determined that awarding this contract to a vendor other than Raytheon Company, would result in significant duplication of cost to the Government, without an expectation of recovery through competition, and would cause unacceptable delays in meeting the Government's requirements. Therefore, Raytheon Company is uniquely positioned to provide DASR sustainment, avoiding substantial and unrecoverable cost duplication and unacceptable delays.

Several factors contribute to this determination:

1) OEM Expertise: With over twenty-four (24) years of DASR production and sustainment experience, the Raytheon Company has developed significant expertise and knowledge of DASR System design and operation, and the repair of Line Replaceable Units (LRUs) to support the FAA Depot. As the OEM and owner of the DASR Technical Data Package (TDP), the Raytheon Company is uniquely qualified to support the sustainment of DASR. This acquisition will be an extension of the existing IDIQ sustainment contract for the continued sustainment, maintenance, and modernization of major DASR systems.

2) Technical Data Package (TDP) Ownership and Data Rights limitations necessitate a system-level replacement, encompassing both primary and secondary radars, for any competitive acquisition. The estimated cost for qualifying, procuring, and fielding 157 new primary and secondary radar systems is $ (Attachment 2: Radar Replacement Cost Estimate), with an additional $ required to sustain existing radars until the new systems are deployed resulting in a total estimated cost of $.

3) Existing Infrastructure: It took eight (8) years to qualify the initial DASR system and a further ten (10) years to field. The DASR PMO estimates it could take up to six (6) years to qualify a new radar system and an additional three (3) to four (4) years to field replacement systems (Attachment 3: DASR Integrated Master Schedule). A schedule delay of this magnitude will lead to DASR system failure, cause radar outages, and prevent the warfighters from performing Air Traffic Control missions.

The Government does not intend to make any more attempts to purchase any Intellectual Property (IP) it does not have current rights to. The Government has limited rights in technical data and restricted rights in computer software. In November 2018 the Government requested a Rough Order of Magnitude (ROM) from the Raytheon Company seeking to acquire unlimited data rights for DASR, but the Raytheon Company refused to engage in any discussions regarding the purchase of additional data rights, stating that the Raytheon Company's IP related to DASR is not for sale. In November 2019, the Government issued a Request for Proposal (RFP) to the Raytheon Company requesting a priced option to purchase Government Purpose Rights for DASR, but Raytheon declined again, asserting the Government only has limited and restricted rights.

In March 2025, the Government sent another request to the Raytheon Company for a ROM estimate for unlimited data rights to DASR; however, Raytheon Company again declined, stating that IP related to DASR is not available for sale. While not a substitute for full data rights, the Program Management Office (PMO) intends to request Interface Control Documents (ICDs) to support a Modular Open Systems Architecture (MOSA) as part of all future efforts. ICDs define system component inputs and outputs, facilitating subsystem design without requiring extensive system-level modifications. This will enable future competitive sourcing of individual subsystems, as they can be decoupled from the larger system.

The DASR PMO has determined that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Government's requirements.

V. 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.

On 5 December 2024, the Government posted a Sources Sought Synopsis (SSS) (Notice ID: FA8730-20-D-0039) on SAM.gov to identify viable sources to provide comprehensive contractor support in global sustainment and technology refurbishment for DASR. The DASR PMO received one (1) vendor response to the SSS from the Raytheon Company. The Government also posted a Notice of Contract Action on 29 May 2025 on SAM. gov and received no responses.

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

The anticipated cost to the Government will be determined fair and reasonable by the Contracting Officer based upon (1) certified cost or pricing data provided in proposals to be submitted for the ID/IQ and/or individual Delivery Orders, (2) the PMO's technical analysis of the Basis of Estimates (BOEs), and (3) inputs from the Defense Contract Management Agency (DCMA), including from the Administrative Contracting Officer (ACO).

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

The PMO conducted market research to inform industry of the forthcoming acquisition and solicit expressions of interest. This research, detailed in Section V of this J&A and in accordance with FAR Part 10 (Attachment 4: Market Research Report), revealed that, to date, and due to the data rights held by the Government and the contractor, no contractor other than Raytheon Company has provided evidence of the sustainment and modernization capabilities meeting Government requirements for DASR.

The PMO also reviewed the $ Eglin Wide Agile Acquisition Contract (EWAAC) and does not believe that the scope of DASR sustainment fits within the work elements of the EWAAC Statement of Objectives.

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

The Raytheon Company has been the prime contractor for DASR since 1996 and has manufactured 157 DASR systems to the U.S. Government's specifications. As the owner of the TDP for DASR, Raytheon is uniquely qualified to provide the technical assistance and repair of systems and spares necessary to effectively sustain and modernize these systems.

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

The Raytheon Company.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The PMO complied with the existing DASR sustainment contract's J&A, approved in August of 2019, by attempting to obtain pricing for data rights owned by the Raytheon Company. Acquiring ICDs as outlined in Section III will enable the Government to competitively source future subsystem replacements. The PMO understands that the FAA is in the planning stage to compete a new radar. The chosen solution should be based on the latest market research and consider commercial and/or non-developmental items that could be utilized to meet the Government's requirements.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

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

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