Signed_STSS_J A_Contract_F04701-02-C-0009_Redacted.pdf

DEPARTMENTOFDEFENSE

MISSILE DEFENSE AGENCY

5700 1 8 T H STREET

FORT BELVOIR, VIRGINIA 22060-5573

J&A No: 13-0009 Contract No: F04701-02-C-0009

MISSILE DEFENSE AGENCY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Introductory Paragraph.

Upon the basis of the following justification, I, as Senior Procurement Executive of the Missile Defense Agency (MDA), hereby approve the issuance of the contractual action discussed below using other than full and open competition pursuant to the authority cited herein.

2. Agencies and Contracting Activity (Federal Acquisition Regulation (FAR) Subpart 6.303-2(b)(l)).

The MDA's Space Tracking and Surveillance System-Demonstrators (STSS-D) program office intends to contract by means other than full and open competition. The contracting activity is the Missile Defense Integration and Operations Center Contracts (DACJ). The point of contact for this action is Ms. Resia Wood, Contracting Officer, (719) 721-9563.

3. Nature and Description of the Action Being Approved (FAR Subpart 6.303-2(b)(2)).

Award a sole source modification to extend contract F04 70 l-02:...C-0009 for continued on-orbit operations and maintenance (O&M) and test events data collection and analysis.

The effort will consist of one base period with four options and be procured from Northrop Grumman Aerospace Systems (NGAS). Although the STSS-D satellites have exceeded their planned mission life, they continue to provide vital research and development data to the MDA mission. The STSS-D satellites are critical to MDA's space systems mission because they provide a centralized, collaborative environment enabling on-orbit space operations and development to exploit and integrate space sensor capabilities and data into the Ballistic Missile Defense System.

4. Description of the Supplies and/or Services Required to Meet the Agency's Needs (including the estimated value) (FAR Subpart 6.303-2(b)(3)).

a. Management. The NGAS team will perform all management tasks required to provide efficient, comprehensive, cost-effective, and flexible operations and sustainment services while maintaining mission assurance.

b. Operate and sustain the STSS-D satellites. NGAS will provide the personnel necessary to operate and sustain the system (i.e. , ensure the space vehicles and ground systems are ready to effectively collect and process data) to support government-requested tests.

c. Manage the ground segment operations center. The contractor will provide fixed and mobile communications processing, display, storage equipment and computer software necessary to receive and implement taskings from the Missile Defense Agency. The contractor will work with government personnel in the planning of activities, while providing command and control of the space and ground segments, data processing and reporting results to stakeholders.

d. The estimated value of the five year requirement;

(1) Base (FY14): estimated value:

(2) Option 1 (FY15): estimated value:

(3) Option 2 (FY16): estimated value:

(4) Option 3 (FY17): estimated value:

(5) Option 4 (FY18): estimated value:

5. Statutory Authority Permitting Other than Full and Open Competition (FAR Subpart 6.303-2(b)(4)).

The statutory authority permitting other than full and open competition is 10 United States Code 2304 (c)(1) as implemented in FAR Subpart 6.302-1 , entitled "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

6. Demonstration of Contractor's Unique Qualifications (FAR Subpart 6.303-2(b)(5)).

The operation of the STSS-D system requires highly specialized personnel with specific knowledge unique to the STSS-D system to oversee, operate and maintain existing infrastructure, facilities and the environment. NGAS has provided these highly specialized personnel and resources to successfully perform these operational requirements. NGAS has been the prime contractor for the STSS-D and its predecessor programs since 1991 and has a track record for delivering excellent performance as evidenced in the Contractor Performance Assessment Reporting System. Failure to perform consistently, and at a moment's notice, could adversely impact mission activities and cause a mission failure . In evaluating the potential for other sources to meet the operation requirements, the risk associated with delays in fulfilling MDA's requirement during any transition period was determined to be unacceptable. The STSS-D engineering data serves in a significant risk reduction role for MDA's future space-based sensor programs.

The incumbent contractor possesses unique domain knowledge across several areas of the system demonstrators:

• Payload design, command sequences and on-orbit settings for the infrared payload hardware, the payload flight software for both the on board processor and line of sight control module, and the 1 0,000-plus memory parameter settings. The payload design and associated documentation is Raytheon proprietary and considered to be competition sensitive.

• Spacecraft bus hardware and flight software knowledge, including the digital data handling subsystem which contains the custom developed high capacity recorder and proprietary data bus interface.

• Ground system knowledge related to the ground mission data processing and command and control software (1.2 million lines of code distributed across five software items and hardware). As the spacecraft hardware ages, ground and flight software modifications will be required to preserve system functionality. These types of changes require the historic domain knowledge that has been accrued over time. The ground system experts are often called upon to support spacecraft and payload anomaly response teams.

• STSS-D space vehicle operations, including both spacecraft health and safety and mission operations for the payload and cross link. Spacecraft operators and payload planners would have to be trained. The costs would include training material development, and training alongside the incumbent.

This domain knowledge resides across the incumbent contractor' s corporate team. This unique knowledge would be difficult and costly; requiring a significant amount of time to transfer to the government or a third party. Any delays, misinterpretation, or lack of understanding of this critical information would severely impact the MDA space mission.

7. Description of Market Research Conducted (FAR Subpart 6.303-2(b)(6), (8) and (10)).

In accordance with FAR Subpart 5.2, the program office published on the Federal Business Opportunities (FedBizOpps) webpage, a notice of intent to award a sole source modification to contract F04701-02-C-0009. The notice included the requirements to be performed under this contract extension. Contractors were encouraged to submit a written response with clear and concise documentation indicating their bona fide capability in accomplishing the stated requirements. The program office did not receive any responses, therefore, concluded that no other company could provide the capability to accomplish the requirements.

8. Determination of Fair and Reasonable Cost (FAR Subpart 6.303-2(b)(7)).

The contracting officer will ensure the negotiated costs for the STSS-D contract extension are considered fair and reasonable. NGAS will provide a basis of estimate with supporting hours, labor mix, rates and factors. In accordance with FAR Subpart 15.403-4, "Requiring Cost or Pricing Data", certified cost or pricing data will be required for this effort. The contracting officer will make the fair and reasonable determination based on: the forward pricing rate recommendations/ agreements from the Defense Contract Management Agency, independent government cost estimate, program office technical evaluation, and historical costs.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition (FAR Subpart 6.303-2(b)(9)).

There are no other factors supporting other than full and open competition.

lO.Actions Taken to Remove Barriers to Competition (FAR Subpart 6.303- 2(b)(ll)).

For reasons cited in paragraphs 3, 6, and 9 above, the Missile Defense Agency has no plans at this time to compete future contracts for STSS-D satellite operations.

11. Technical/Requirements Official Certification (FAR Part 6.303-2( c)). "I certify this justification for other than full and open competition is made in good faith and that the supporting data and information are accurate and complete to the best of my knowledge and belief. I further certify that this request is not the result of a lack of advance planning."

Dennis M. Miller. Dirt:c lu r. MDS!)C aml Srace Syskm ·

~ (!' Lh'~ [)att: · igned

12. Contracting Officer (FAR 6.303-2(b)(12)). "I have determined that the anticipated cost to the government will be fair and reasonable and certify that the justification is accurate and complete to the best of my knowledge and ability."

' ) \ - I ---.,---------·-. ·

• "-~1- •• .L ~~u-L Rc:sia I .. Wood. Contra ·t ing Ofticer. DACJ

13. Contracting Director (DACJ). "I have reviewed the justification and recommend it be approved."

l!h~2ot3 Dalt: Signed

14. Recommendation of Competition Advocate. "I recommend approval ofthe above justification."

t r r~~K! 1 :JJ I Jate Signed

15. Legal Counsel. "I have reviewed the justification and determined it to be legally sufficient."

15. General ounseJ . ··t hav~:: reviewed the justiti cation and detem1in~d it to be legal ly

~41~ 1:>~/.Y Ross Branstetter, Cleneral Counsel , G ' Date Signed

16. Director for Acquisition. "I have reviewed the justification and recommend it be approved."

~fA Barney Klehman, Director for Acquisition, DA J /)_)> !J:;

~ :tl

Date Stgned

17. Approval. "In accordance with FAR Part 6.304, the above justification for other than full and open competition is hereby approved. " ice Admiral, USN Director m') Date Signed