Exception to Fair Opportunity - CLPS AATS Spares.pdf

Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction

CONTROLLED UNCLASSIFIED INFORMATION

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 7

Is this a brand-name justification? Yes No

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

Contracting Activity: AFLCMC / WNRK

Purchase Request / Local ID Number: TBD

Program Name (and Program Element, if applicable): ARTS V-1, Navy CLPS & AATS

Estimated Cost/Price of the Order (including options): $1.375M

Type Program (see DAFFARS 5302.101 for definitions): PEO Program Operational Enterprise

Type of D etermination: Individual Class Expires: [ click and select ]

Fair Opportunity Exception: FAR 16.505(b)(2)(i) (Check the applicable subparagraph below.)

(A) (B) (C) (D) (E) (F) (G) Check this box to display the FAR 6.302 exceptions.

Click here for instructions to complete the boxes below.

(1) Contracting Activity:

Department: United States Air Force (USAF) PCO: Heather Ball 801-777-9438 Office Symbol: AFLCMC/WNRK Street Address: 6039 Wardleigh Rd. Bldg. 1206 City, State, Zip: Hill AFB. UT 84056

(2) Nature and/or description of the action being approved:

This effort is a new delivery order under the Range IDIQ Support Effort (RISE) FA8210-21-D-0008. This effort will utilize CLIN 0015 Production Cost Plus Fixed Fee. The program office intends to issue a delivery order to procure spares for its sister systems (i.e. the Closed Loop Passive Electronically Scanned Array System (CLPS) and the Advanced Anti-Aircraft Threat Simulator (AATS). These components are custom made from the OEM (i.e. Georgia Tech Research Institute (GTRI) and intended to be utilized as operational spares to ensure that the system can continue to operate.

(3) Description of the supplies/services required to meet the agency's needs:

The two CLPS systems were procured and put into service at the Nevada Test and Training Range (NTTR) and Eglin AFB in 2022. Due to program constraints and budgetary limitations both systems were deployed with insufficient spares made available to sustain operations into the future. As such, the CLPS systems need to procure a set of spare parts from the OEM that are custom made for the system and not available from other sources. A list of the needed components is attached to this package.

To mitigate the need to use a sole source contract to continue sustainment of CLPS, the program office seeks to obtain those items from GTRI that only it can provide. There are many other spares that the program office has identified that are commercial or otherwise off the shelf and can be provided by one or more outside vendors that was competed on the Range IDIQ Support Effort contract vehicle. This action is not for those items. This effort is for the spares that are custom made, non-commercial, and only GTRI can provide.

The delivery schedule for this effort is a 18 months from time of award.

Estimate CLIN 0015 Production : $1.375M v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 7

Description and Part Number

Air Rover Antenna ECU Spares-RULVCR60DA RULVCR60DA-GT kit

Air Rover Shelter ECU Spares-RULSCR60DA RULSCR60DA-GT kit

Controller/Data Acquisition Unit (chassis + full set of boards) AATS-11000100-2

Dual Port Network Interface Unit (Audio) AATS-11802100-2/4

Dual Port Network Interface Unit (Video) AATS-11802100-2/5

Single Port Network Interface Unit (Audio) TRV1-11801100-2

Single Port Network Interface Unit (HPE Network) TRV1-11801100-1

Single Port Network Interface Unit (Video) TRV1-11801100-3

10 MHz, RU to OU Cable Assembly CLPS-01420100-1

Air duct (array HVAC) bellows set (Large-inner) TRV1-11540610-01

Air duct (array HVAC) bellows set (Small-outer) TRV1-11530610-01

Air Vent 3.62 x 3.62 8205-5001-0325

Aux Feed Horn Dust Cover AATS-10201412-1

Controller/Data Acquisition Unit (chassis + full set of boards) AATS-11000100-1

HPE Ethernet Data (Tx/Rx) Fiber Optic Cable Assembly AATS-11430103-1

HPE PCI/VME Bus Control/Status Data (Rx) Fiber Optic Cable Assembly AATS-11430101-5

HPE PCI/VME Bus Control/Status Data (Tx) Fiber Optic Cable Assembly AATS-11430101-6

Hydraulic hoses for array mechanical

Polarizer Awning (post re-design) AATS-10150103-1

RCVR Blanking Interface Assembly AATS-10904100-1

RU ANTENNA ERECTOR/STOW MECHANISM ELECTRONICS CHASSIS AATS-10510100-1

RU Rotator Base HPE Data Network Interface Unit AATS-11803100-1

RU Shelter HPE Data Network Interface Unit AATS-11800100-1

RU to OU Power Control Cable Assembly CLPS-01451100-1

RU to OU Status Indicator Cable Assembly CLPS-01451101-1

RULSCR60DA-GT MINIMUM RECOMMENDED SPARES (RULSCR60DA-GT kit)

Transmit Horn Radome AATS-10236401-1

WG Switch Control Assembly AATS-10903100-1

ADBB Interconnect Cable AATS-10226103-1

ADBB Signal Termination Board AATS-10226102-1 v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 7

Antenna Column Interface Board AATS-10226105-1

Antenna Data Bus Board AATS-10226101-1

Antenna Row Interface Board AATS-10226104-1

Antenna Transceiver Board AATS-10226106-1

Aux Feed Horn Dust Cover (post re-design) AATS-10201412-1

Directional Coupler, Cross Guide 187-303HMA-30-6-1/PT10

Dual Fiber Port Network Interface Unit AATS-11802100-2/3

Polarizer Awning (post re-design) AATS-10150103-1

RCVR Blanking Interface Assembly AATS-10904100-1

RU Rotator Base HPE Data Network Interface Unit AATS-11803100-1

RU Shelter HPE Data Network Interface Unit AATS-11800100-1

Single Fiber Port Network Interface Unit - RU HPE Voice TRV1-11801100-2

Waveguide Preselector Filter 17950

Waveguide Spacer AATS-10800421-1

(4) Identification of the exception to fair opportunity and the supporting rationale:

FAR 16.505(b)(2)(i)(B): Only one awardee can provide the supplies or services required at the level at the level of quality required because the supplies or services ordered are unique or highly specialized.

The CLPS system is a highly specialized radar system that brought new capability to the training ranges in that it allows pilots to train against a modern surface-to-air missile (SAM) threat. The design and production of the system required the reverse engineering of a foreign radar system along with knowledge of many aspects pertaining to radar theory, radar systems engineering, radar manufacturing, and radar testing. GTRI is the OEM for the CLPS system and the predecessor Advanced Anti-Aircraft Threat Simulator (AATS) system as well as the derivative ARTS-V1 system. In the process of developing these systems, GTRI accumulated facilities and equipment, hired and trained subject matter experts, and constructed special tooling, jigs, and structures. The facilities belong to GTRI and it directly employs the subject matter experts. In the development process GTRI has acquired the knowledge and experience on the use of the tooling, jigs, structures, and equipment, their specifications, and how they are used to support AATS, CLPS, and

ARTS-V1.

GTRI has spent considerable time with intelligence information provided to it in order to reverse engineer the functionality of a foreign radar system. In that effort it has characterized specific system and subsystem functionality that needs to be reproduced. It has then employed engineers and experts to recreate specific functions through bespoke components such as the antenna, beam steering computer, network interface units, high power equipment that controls the transmitter etc. Several items that include these components or are adjacent to these components are included in this spares purchase.

There currently isn't any other source that would be able to provide the spare components that would not incur v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 7 considerable time and cost in coming to the same level of competence to provide the needed spares.

(5) Contracting Officer's determination that the anticipated cost to the Government will be fair and reasonable:

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting Officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) under Part 30 - Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4 - Contract Pricing, to include technical evaluations and audits, as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The PCO will seek pricing guidance from PCZF as needed. The contracting office will obtain certified cost or pricing data IAW FAR Subpart 15.403. The contracting officer will request a technical evaluation from the PO to aid in the evaluation of the contractor's proposal. The final step is to include the Price Negotiation Memorandum (PNM). This detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

(6) Other facts supporting the justification:

None

(7) Actions the agency may take to remove or overcome any barriers to increasing fair opportunity before any subsequent acquisition for the supplies or services:

The CLPS system operators provided the program office with a list of hundreds of parts that it requires to sustain the CLPS systems. The program office has evaluated every part on the list and made a determination as to whether it is something that cannot be spared, can be provided by entities other than GTRI, and those that can only be provided by GTRI. Of the parts that can be provided by other entities the program office has put out an RFP to fully compete for the provision of those parts. The remaining GTRI parts are those that are so central to the operation and threat fidelity of the system that they cannot be provided by another source without significant monetary and time investment that is not available.

For future efforts, the program office has some of the technical data to allow another vendor to manufacture or acquire replacement parts. This technical data is incomplete as the then CLPS program office did not fund a full technical data package for the CLPS systems. Also, the CLPS systems are currently deployed without necessary spares so it is not feasible to acquire this batch of spares through that method. Doing so would condemn the CLPS systems to non-operation for the time it takes for another provider to fill in the missing gaps and gain the competency required to satisfy that need.

(8) Program Manager's certification that supporting data is accurate and complete:

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

(9) Contracting Officer's certification that the justification is accurate and complete:

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

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 7

(10) Approving Official's determination that one of the circumstances in FAR 16.505(b)(2)(i) applies to the order.

As evidenced by my signature below, I hereby determine that the fair opportunity exception checked on page 1 applies.

REMOVING ROWS: CAUTION (click here first) NOTE: The text in the signature blocks below is editable, including the title.

Date Program Manager

Jadon Judkins

AFLCMC/WNRCA 801-791-3765

Signature

X

Date Contracting Officer

Heather Ball

AFLCMC/WNRK 801-777-9438

Signature

X

Date

30 Apr 2025

Local Legal Reviewer

Jonathan Bryant

AFMC 75 ABW/JAQ/801-586-4192

Signature

X

Date

15 May 2025

Chief of the Contracting Office (COCO)

Andrew Hatch

AFLCMC/PZK / 801-586-8602

Signature

X

Date

21 May 2025

Alt Competition Advocate Kevin Hugie

AFMC OH_H/PZCA / 801-775-3837

Signature

X v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 6 of 7

Instructions for Completing the Template IAW FAR 16.505(b)(2)(ii)(B)

(2) State whether the action is a new order or a modification to an existing order. Identify the basic multiple award contract number and the order number for the current action. Also identify the type of the order/line items on the order (e.g., Firm Fixed price, Cost Plus Fixed Fee, etc.).

(3) Specifically describe the supplies/services to be acquired including the price/cost and quantity of each item in the order and the total estimated value of the order. For services, state whether services are performance-based, and if not, provide rationale for not being performance based. State the delivery/performance schedule/period for the items under the order. Explain how the requirement/order fits under the scope of the basic multiple award contracts.

(Note: The Contracting Officer must ensure that the order is issued within the period of performance and within the maximum value of the contract).

(4) Include the appropriate exception from FAR 16.505 (b)(2) and the supporting rationale. FAR16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(__) [Insert A,B, C, D, or E]. If a brand name product description is being justified, use this section to explain why the particular brand name, product, or feature is essential to the Government's requirements and why other companies' similar products/services do not meet, or cannot be modified to meet, the agency's needs.

FAR 16.505(b)(2)(i)(A): “The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays”. When using this exception provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the mission impact if awarded to any other contractor. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.

FAR 16.505(b)(2)(i)(B): “Only one awardee is capable of providing the supplies or services required at the level at the level of quality required because the supplies or services ordered are unique or highly specialized”. When using this exception provide a detailed justification, with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement. The user/customer typically provides this supporting information.

Supporting documentation may be attached to the back of the document. General statements are not acceptable.

FAR 16.505(b)(2)(i)(C): “The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order”. When using this exception provide information on the previously competed order under this contract and detail the economies and efficiencies that will be obtained by going sole source for the follow-on order. The user/customer typically provides this supporting information.

General statements are not acceptable.

FAR 16.505(b)(2)(i)(D): “It is necessary to place an order to satisfy a minimum guarantee.”

FAR 16.505(b)(2)(i)(E): “For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.”

Discuss the market research that was conducted by the user/technical team/contracting officer among the supplies/services of all awardees that resulted in the conclusion that a fair opportunity exception applied. The narrative in this section should provide a high level of confidence that the requirements of FAR 16.505(b)(1) and DFARS 216.505-70 could not be met. If no market research was conducted, state so and provide the rationale. If any other awardee expressed interest in fulfilling the requirement, but was not considered a potential source, explain why that awardee cannot provide the required supplies/perform the service.

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 7 of 7

If the use of a brand name purchase description is being justified, the market research should include an analysis of any industry proposed alternative products or approaches to meeting the requirements. Additionally, the Government's efforts to identify as many potential sources as practicable offering the required brand name item(s) should be addressed.

(5) This paragraph needs to be tailored based on the types of CLINs in the order and the pricing arrangements on the basic multiple award contract. If the contract did not establish the price for the supply or service, the Contracting Officer must establish prices for each order IAW FAR 15.4. The paragraph needs to describe the steps that will ensure that the prices/estimated cost of the order will be fair and reasonable. For example, even if firm-fixed prices were obtained under adequate price competition in the award of the multiple award contract, the Contracting Officer still needs to consider market conditions and other factors that may have changed since contract award and explain the basis in the determination that prices/costs are fair and reasonable prior to award of the order.

(6) Provide any other facts supporting the use of exceptions to the fair opportunity process.

(7) Include a statement of the actions, if any, to be to be taken to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.

https://usaf.dps.mil/sites/AFCC/KnowledgeCenter/templates_admin/aqc-front.jpg https://usaf.dps.mil/sites/AFCC/KnowledgeCenter/templates_admin/aqc-back.jpg Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction v 18 Jan 2024 Page of Is this a brand-name justification?

Please provide the product title and description. [ FAR16.505(a)(4)(i) ] Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan?

Type Program (see DAFFARS 5302.101 for definitions):

Type of D etermination:

Fair Opportunity Exception: FAR 16.505(b)(2)(i) (Check the applicable subparagraph below.)

(1) Contracting Activity:

(2) Nature and/or description of the action being approved:

(3) Description of the supplies/services required to meet the agency's needs:

(4) Justification for restricting consideration to a brand-name item:

(4) Identification of the exception to fair opportunity and the supporting rationale:

(5) Contracting Officer's determination that the anticipated cost to the Government will be fair and reasonable:

(6) Other facts supporting the justification:

(7) Actions the agency may take to remove or overcome any barriers to decreasing the use of brand-name items before any subsequent acquisition of the supplies or services:

(7) Actions the agency may take to remove or overcome any barriers to increasing fair opportunity before any subsequent acquisition for the supplies or services:

(8) Program Manager's certification that supporting data is accurate and complete:

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

(9) Contracting Officer's certification that the justification is accurate and complete:

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

(10) Approving Official's determination that FAR16.505(a)(4)(i) applies to the order:

As evidenced by my signature below, I hereby determine that the use of brand-name restriction applies.

(10) Approving Official's determination that one of the circumstances in FAR 16.505(b)(2)(i) applies to the order.

As evidenced by my signature below, I hereby determine that the fair opportunity exception checked on page 1 applies.

NOTE: The text in the signature blocks below is editable, including the title.

Instructions for Completing the Template IAW FAR 16.505(b)(2)(ii)(B)

(2) State whether the action is a new order or a modification to an existing order. Identify the basic multiple award contract number and the order number for the current action. Also identify the type of the order/line items on the order (e.g., Firm Fixed price, Cost Plus Fixed Fee, etc.).

(3) Specifically describe the supplies/services to be acquired including the price/cost and quantity of each item in the order and the total estimated value of the order. For services, state whether services are performance-based, and if not, provide rationale for not being performance based. State the delivery/performance schedule/period for the items under the order. Explain how the requirement/order fits under the scope of the basic multiple award contracts. (Note: The Contracting Officer must ensure that the order is issued within the period of performance and within the maximum value of the contract).

(4) Include the appropriate exception from FAR 16.505 (b)(2) and the supporting rationale. FAR16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(__) [Insert A,B, C, D, or E]. If a brand name product description is being justified, use this section to explain why the particular brand name, product, or feature is essential to the Government's requirements and why other companies' similar products/services do not meet, or cannot be modified to meet, the agency's needs.

FAR 16.505(b)(2)(i)(A): “The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays”. When using this exception provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the mission impact if awarded to any other contractor. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.

FAR 16.505(b)(2)(i)(B): “Only one awardee is capable of providing the supplies or services required at the level at the level of quality required because the supplies or services ordered are unique or highly specialized”. When using this exception provide a detailed justification, with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement. The user/customer typically provides this supporting information. Supporting documentation may be attached to the back of the document. General statements are not acceptable.

FAR 16.505(b)(2)(i)(C): “The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order”. When using this exception provide information on the previously competed order under this contract and detail the economies and efficiencies that will be obtained by going sole source for the follow-on order. The user/customer typically provides this supporting information. General statements are not acceptable.

FAR 16.505(b)(2)(i)(D): “It is necessary to place an order to satisfy a minimum guarantee.”

FAR 16.505(b)(2)(i)(E): “For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.”

Discuss the market research that was conducted by the user/technical team/contracting officer among the supplies/services of all awardees that resulted in the conclusion that a fair opportunity exception applied. The narrative in this section should provide a high level of confidence that the requirements of FAR 16.505(b)(1) and DFARS 216.505-70 could not be met. If no market research was conducted, state so and provide the rationale. If any other awardee expressed interest in fulfilling the requirement, but was not considered a potential source, explain why that awardee cannot provide the required supplies/perform the service.

If the use of a brand name purchase description is being justified, the market research should include an analysis of any industry proposed alternative products or approaches to meeting the requirements. Additionally, the Government's efforts to identify as many potential sources as practicable offering the required brand name item(s) should be addressed.

(5) This paragraph needs to be tailored based on the types of CLINs in the order and the pricing arrangements on the basic multiple award contract. If the contract did not establish the price for the supply or service, the Contracting Officer must establish prices for each order IAW FAR 15.4. The paragraph needs to describe the steps that will ensure that the prices/estimated cost of the order will be fair and reasonable. For example, even if firm-fixed prices were obtained under adequate price competition in the award of the multiple award contract, the Contracting Officer still needs to consider market conditions and other factors that may have changed since contract award and explain the basis in the determination that prices/costs are fair and reasonable prior to award of the order.

(6) Provide any other facts supporting the use of exceptions to the fair opportunity process.

(7) Include a statement of the actions, if any, to be to be taken to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.

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