FA2521-05-D-8008 Redacted J A.pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

45 CONS J&A 09-07

This document contains information exempted from mandatory disclosure under the FOIA. Exemption b(2) or b(3) apply.

I. CONTRACTING ACTIVITY

a. Requiring Activity: Air Force Technical Applications Center

(AFTAC/TH)

1030 South Highway A1A

Mail Station 1000 Patrick AFB, FL 32925-3002

b. Procuring Activity: 45 CONS/LGCCA 1030 South Highway A1A Mail Station 1000 Patrick AFB, FL 32925-3002

c. Procuring Contracting Officer: Ms. Patricia K. Bosinger

Telephone (321) 494-0998 Email: pat.bosinger@patrick.af.mil

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

The AFTAC Maintenance and Technical Support (AMATS) is an Indefinite Delivery/Indefinite Quantity (ID/IQ) type contract awarded to BAE Systems (then Modern Technology Corporation, Inc.)

The AMATS contract was awarded using full and open competition in 2005 to support dynamic support requirements for the AFTAC/TH Directorate. This is a time and materials, performance-based service contract vehicle that allows rapid implementation of unique support skills to augment AFTAC organic resources in support of national community mission areas. This action will modify the AMATS basic contract, FA2521-05-D-8008, to provide a ceiling increase. No changes to the basic scope, contract type, or other terms are intended or anticipated by this action. New task orders awarded under the basic contract will continue the same deliberative criteria and coordination processes already in place.

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

The estimated additional cost for this ceiling increase will be $2.5M for a total contract ceiling amount of $12.5M. The current period of performance is through 21 Jul 2010 and will remain unchanged. The additional supplies and services to be provided through the increased ceiling are a continuation of same-type efforts and supplies currently provided. The earlier-than-expected arrival at contract ceiling was due primarily to two factors. First, the SEALS contract for installation of the seismic system upgrade under contract with SAIC partially failed, and AFTAC/LS had to take on the field deployment and tech installation worldwide on an urgent basis, using the support of the AMATS contract. The AMATS vehicle was the only available vehicle with appropriate scope and expertise to accomplish this urgent action and prevent major gaps in AFTAC capability. Second, two classified agencies tasked AFTAC/TH and provided funds for urgent R&D of a demonstration prototype in order to support a mission area they shared with AFTAC. Again, the AMATS was the appropriate contract vehicle with proper scope and expertise to provide this critical (and successful) action. The AMATS vehicle was put in place to address such urgent and dynamic requirements, but the magnitude was not foreseeable in advance and resulted in accelerating the vehicle to ceiling significantly faster than forecasted. Anticipated content for the requested increase includes support services and limited items for the AFTAC atomic energy detection systems, including underground, atmosphere, and space environments. Delivery and deployment of existing designs and field maintenance will continue and comprise a modest portion of the planned work for the underground component. In addition, research and development (R&D) activities pursuant to nationally-directed enhancements to the AFTAC Atmosphere & Space mission components will be supported. Specialized physicists, engineers, and test technicians require highly skilled support for phenomena investigations, field and facility experimentation, signal extraction and analysis, prototype evaluation and demonstration, and specialized test equipment use and maintenance. Accelerated national interests have again called upon AFTAC/TH to pursue developmental investigations of a highly specialized and sensitive nature, from which additional funding and direction is expected from national agencies, assuming successful outcomes of the technical investigations and analyses. This current contract expires on 21 Jul 10 and will be followed by multiple support contracts to accommodate the additional funding and direction. The Directorate’s best estimate of the ceiling increase needed to satisfy additional support requirements for the current contract is $2.5M. Support services will be directly engaged in efforts to define technical solutions and risk elements for research efforts. Specialized data analyses will be performed on extremely large data sets, and must use algorithms designed for this specific technology thrust, which means that support personnel must be fully knowledgeable and capable of immediate response to a field requirement. Anticipated deliverables include algorithm development, documentation, analysis reports, and test and validation support. Consistent with the basic contract, a mix of appropriations will be used, including 3600, 3400, and limited 3080 funding. The maximum total dollar value of the contract will be $12.5M with this ceiling increase.

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 NATURE OF THE ACQUISITION REQUIRES THE USE OF THE

AUTHORITY CITED ABOVE (APPLICABILITY OF AUTHORITY)

BAE Systems is the only responsible source currently capable of providing the highly specialized services and unique sensor prototype systems support required from now through 21 Jul 10 when the ordering period ends. At which time a competitively awarded contract will be in place.

In the interim, an award to any other source would result in both substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling these national requirements. The cost element would most likely be greater than $1M, and the time delay would likely be greater than 7-9 months. This is based upon recent, comparable experience in getting and indoctrinating qualified, cleared personnel to support AFTAC/TH field testing and complex data analyses. The nature of the technology is research investigations into complex physical phenomena, evaluation of sensor prototypes not typically available on the commercial market, use of state-of-the-art sensors and test equipment, understanding and tailoring complex data analysis algorithms and automated tools to assess the physical phenomena and their byproducts, and the relational significance of the results to the AFTAC/TH missions. An entirely new, unfamiliar staff of approximately 8-10 technicians, engineers, and physicists are estimated to require approximately nine months to learn over a full field test cycle, including the test planning, coordinating, and implementation; data capture and reduction; and complex data analysis including development of tailored algorithms to analyze terabytes of raw data to obtain the level of capability of the incumbent contractor. The resultant cost for this duplication would be on the order of $750K-$1M, and the added risk of the potential loss of the value of a one-of-a-kind field test that, in itself, cost in excess of $1M.

Accordingly, BAE Systems is the only firm capable of providing the supplies and services during the timeframe described in Section III above.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

The basic AMATS contract was awarded in July 2005 using full and open competition. The effort was synopsized and market research was performed prior to issuance of a request for proposal. Little interest from industry was noted and only one bidder responded with a proposal. At that time, the firm’s name was MTC, Inc., which was purchased entirely by BAE Systems in 2008. In accordance with FAR 5.2, Synopses of Proposed Actions, a sole source synopsis to increase the ceiling amount was published in the Federal Business Opportunities (FedBizOpps) website from 4 Jun 2009 through 19 Jun 2009 resulting in no responses received.

The follow-on support contract for the AMATS is in preparation now, and has been synopsized. Sixteen firms responded, including the incumbent BAE Systems. The competitive action is, unfortunately, going to take approximately a year to award, and it is neither practical nor intelligent to complicate competition for the larger follow-on effort with any attempt to use a firm other than the incumbent for in-scope actions. In short, all efforts are already underway to encourage competition in the very near future.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

Determination that the basic contract rates and anticipated cost were considered fair and reasonable by the government was accomplished prior to award of the basic contract. In addition, a Forward Pricing Rate Agreement (FPRA) from DCAA for direct and indirect rates is included in the contract. These same rates and costs will apply with the increase to the ceiling amount. Furthermore, management actively tracks contractor performance and quality on this performance-based contract for all tasks. No changes to the basic scope, contract type, or other terms are intended or anticipated by this action.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

As discussed in Section VI, market research was performed prior to the basic AMATS contract award, and is ongoing in preparation for the follow-on contract.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

Although no exception to full and open competition is claimed or desired under the criteria for national security, it is fair to state that AFTAC/TH performs investigations and R&D under TS/SCI security constraints. While this is not seen as an impediment to competition for the follow-on competitive actions planned, it does constrain and limit the ability of the government to fully define and provide specifications or design packages to a firm that simply indicates interest in AFTAC/TH projects. This takes time and due deliberation prior to providing information to prospective offerors in order to prevent compromise or violation of need-to-know principles. An estimate of the cost to the Government that would be duplicated and how the estimate was derived is included in Paragraph V.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

ACQUISITION

See discussion in 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

As discussed in several prior sections, AFTAC/TH is currently preparing multiple competitive actions.

These actions are based on the existing AMATS contract, with added subject matter expertise and specialized data analytical capabilities more fully defined than in the current AMATS vehicle. These actions are being prepared for full and open competition. In addition, an Industry Day is under consideration. Sixteen firms have responded to a sources sought synopsis and market research indicates full and open competition will exist for these future acquisitions.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that she determined this document to be both accurate and complete to the best of her knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.