19D0008_ViaSat_J&A_Redacted.pdf

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

FOR OFFICIAL USE ONLY

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Air Force Material Command (AFMC), Air Force Test Center, AFTC/PZIE, 205 West D Avenue, Ste 467, Bldg 350, Eglin AFB, FL, 32542 is the contracting activity responsible for this proposed justification for other than full and open competition action. Purchase Request F1T0FA9073B002 is available to fund the requirement.

This is a Class J&A and one contract will be awarded. This will be a follow-on new 5-year Cost Plus Fixed Fee (CPFF), Cost Reimbursement (CR), single award Indefinite Delivery Indefinite Quantity (IDIQ) contract. The 5-year ordering period will allow for failure data to be collected and analyzed by the Government, leading to forecasting future requirements more accurately. The Contract value is expected to be and will be funded with F-35 USAF O&M funds. This effort acquires services to provide sustainment support for the Communication, Navigation, and Identification (CNI) Function Stimulator (CFS) located in the United States Research Laboratory (USRL). The contractor is ViaSat, Inc., 6155 El Camino Real, Carlsbad, California, 92009-1602, (678)924-2493. ViaSat, Inc.

owns all intellectual property rights to the CFS components and sub-assemblies within the stimulator and its source code. This J&A is accomplished as a Class in lieu of an Individual due to the nature of an IDIQ contract. In this case, there are no feasible actions that could develop future competition and it is reasonable to seek approval for more than one fiscal year's requirements. The forecast contract award date is September 2019.

Air Combat Command (ACC), 513 Electronic Warfare Squadron (EWS) requires technical engineering telephone support, on-site technical support & training, and travel for the F-35 Mission Data Development mission at the USRL. The 513 EWS primary mission is to program, test, and field mission data for mission systems on the F-35 aircraft. The 513 EWS operates/ maintains two hardware in the loop test lines and serves as the sole Department of Defense provider of Mission Data reprogramming support for US Air Force, US Navy and US Marine Corps F-35 Joint Strike Fighters. The contemplated IDIQ contract is considered a services contract.

Under the contemplated contract, ViaSat, Inc. will provide the following services through the issuances of delivery orders against the basic contract: (1) technical telephone support for USRL optimization and testing of mission data, components/sub-assemblies on an as needed basis in order to troubleshoot, install, maintain, and/or support both additional and existing components/ sub-assemblies for the USRL; (2) provide on-site technical support and training for the USRL optimization and testing of mission data, components/sub-assemblies as required to include train, troubleshoot, install, maintain, and/or support both additional and existing components/sub-assemblies for the USRL; (3) travel to the USRL; and (4) Data. The table below breaks out the anticipated maximum ordering amount over the five (5) year period of performance for the USRL:

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The total estimated dollar value for this procurement will be . USRL funding will be provided by the US Air Force using 3400 O&M appropriations. There are no feasible actions that could develop future competition over the next 5 years and it is reasonable to seek approval for more than one fiscal year's requirements. However, the F-35 JPO is working on the next block upgrade to F-35, and there's a possibility that CFS and support will not be needed beyond 2024.

10 USC 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(ii)(B), required by FAR6.303-2(b)(4).

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Subsection 1.

These highly specialized systems were purchased under ACAT 1D contract N00019-02-C-3002 by the Joint Strike Fighter Program Office. The initial CFS was certified, delivered and integrated with various other systems in the USRL by Lockheed Martin (LM) to support development, testing, verification and fielding of critical F-35 electronic warfare programming. Although the CFS was certified, delivered and integrated by Lockheed Martin under the aforementioned contract, ViaSat, Inc. as a subcontractor to LM, developed the system and holds its proprietary rights. The CFS is considered a highly specialized evolving capability that mirrors the operational environment of an F-35 aircraft. The CFS system is used to test F-35 mission data and failure data critical to achieving Initial Operational Capability (IOC) for the Air Force, Navy, and Marines. ViaSat, Inc. is currently providing identical services under sole source contract FA2487-16-D-0001, awarded 30 September 2016 with an ordering period ending 27 September 2019. Therefore, this acquisition will be a follow-on contract for the continued performance of a highly specialized service.

Subsection 2.

The 513 EWS believes that award to any other source than ViaSat, Inc. would result in unacceptable delays in fulfilling the Air Force's requirement. ViaSat, Inc. is the designer, developer, and manufacturer of the CFS. ViaSat, Inc. is the only source with the requisite knowledge, experience, and technical expertise to perform this work. To qualify another contractor's resources would require 6 months to award a contract; 6 months for the new contractor to assimilate the base of knowledge of the CFS; and 24 months for the new contractor to develop a system and complete certification to ensure it accurately mirrors the operations of the F-35. In accordance with DODI 8510.01 Risk Management Framework for DoD Information technology and Defense Security Service Assessment and Authorization Process Manual (DAAPM), the certification process consists of planning, categorizing the system, selecting and implementing security controls, assessing the controls, and then gaining system authorization. This process generally requires some re-work before authorization. The 513 EWS expects 24 months for this certification to be a reasonable estimate based on effort under USRL contract (N00019-02-C-3002) development time and post award system security accreditation time. These systems are critical to maintain configuration management stability as the output of mission data files must be commensurate with F-35 Aircraft's common primary mission equipment

March 2018 FOR OFFICIAL USE ONLY Page 4 of 5 configuration. The mission data produced by the 513 EWS via the CFS is essential to providing support to both the warfighter and combatant commanders. Furthermore, the 513 EWS has a requirement to provide 24-hour emergency wartime reprogramming capability. The loss of this critical support would prevent the 513 EWS from providing electronic warfare mission data to the DoD's operational test and evaluation community.

Subsection 3.

Accordingly, ViaSat, Inc. is the only source capable of providing the support described in Section III without the U.S. Air Force, U.S. Navy, and U.S. Marine Corps experiencing unacceptable delays in fulfilling agency mission requirements.

A sources sought synopsis was issued 15 March 2019 on Federal Business Opportunities (FedBizOps) under the Synopsis number FA2487-19-R-0008. There were (2) responses to the synopsis; ViaSat Inc.

and After evaluation by the requiring activity, it was determined that is not capable of meeting the requirement. In order for to perform the work under this requirement ViaSat Systems would have to provide with proprietary data on system design and functionality. The time it would take or any other contractor to attain the technical competency to successfully perform the work under this requirement is detailed in Paragraph V. The 513 EWS has an immediate need for performance that cannot be met by without unacceptable delay. BAE Systems was found to be technically qualified by the requiring activity. No additional sources have been identified to date. Alternatives will be aggressively evaluated as they arise.

The Contracting Officer will ensure the final price will be fair and reasonable. The contractor will be required to submit other than cost/pricing data to substantiate their proposed approach. Cost analysis will be performed in accordance with the FAR. The Government will use a traditional pricing approach to determine fairness and reasonableness using the following means: (1) cost analysis IAW FAR 15.404-1(c); (2) thorough technical evaluation; and (3) utilization of weighted guidelines to determine profit. The contractor will not be required to certify cost/pricing data because the value of this contract is less than the $2M threshold requiring that.

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

ViaSat, Inc. owns all intellectual property rights to the CFS. Additionally, the CFS component/ subassembly and associated firmware, logic code, designs and technical documentation were developed by ViaSat, Inc. at their own expense.

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Continuing market research through trade journals, technical symposia, and contact with industry representatives will be ongoing to monitor other contractors' ability to support this requirement.

This has been ongoing since the previous ViaSat contract for this work scope was awarded.