18-Q-B029_LOTG_System_Sole_Source_JA-redacted.pdf

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

13 Sep 2017

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Funding level for this acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 45 CONS

Purchase Request / Local ID Number: FA2521-18-Q-B029

Program / Project (and PE, if applicable): Lightweight Airborne Recovery On the Go (LOTG) System

Program Type (PEO or Other Contracting): Other Contracting

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

23 Apr 2018

Project Lead / Program Mgr / Requiring Activity Maj Marcus C. Maris

45 OG DET3/DOC

Date

23 Apr 2018

Contracting Officer Terrell Phillips, SSgt

45 CONS/PKB

Date

24 May 2018

Flight Chief Tricia J. Hatcher

45 CONS/LGCB

Date

30 May 2018

Local Legal Reviewer Scott R. Marchand

45 SW/JA

Date

31 May 2018

Competition Advocate Marco A. Mendez

45 CONS/CD

13 Sep 2017

APPROVAL (AFFARS 5306.304(a) )

Date

07 Jun 2018

Chief of the Contracting Office (COCO) Aaron J. Boyd, Lt Col, USAF

45 CONS/CC

FOR OFFICIAL USE ONLY13 Sep 2017

I. Contracting Activity.

45 CONS/PKB

1201 Edward White II Patrick AFB FL, 32925

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

To award a sole source firm-fixed-price contract to Cubic Defense Applications, Inc., 9333 Balboa Ave., San Diego, CA, 92123.

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

CLIN 0001- Lightweight Airborne Recovery System On the Go (LOTG), QTY: 3 EA

Contractor will provide three (3) mobile LOTG systems, a subject matter expert to operate the mobile LOTG system and any support equipment required to support an airborne test of the LOTG system's capabilities in receiving and decoding 406 megahertz (MHz) search and rescue satellite aided tracking (SARSAT) transmissions from a DoD PRC-112G survivor radio, as well as a commercial emergency 406 MHz beacon.

The contractor requires a 6-9 month lead time to manufacture and test the LOTG system prior to delivery.

Once delivered, the contractor will provide non-personal services necessary to support an operational flight test and evaluation for the LOTG system aboard a United States Air Force Cargo Aircraft Model (C)-17 aircraft.

The LOTG system will be tested when set-up and configured in the cargo area of a C-17 aircraft and interfaced through the C-17's communication panel.

IV. Statutory authority permitting other than full and open competition.

6.302-1 – 10 USC 2304(c)(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).

Cubic Defense Applications, Incorporated (Inc) is the sole provider of a mobile version of the company's own existing technology. On May 14, 2015, Cubic was awarded a $1.7M contract from Support Systems Associates, Inc. (SSAI) to support the USAF to improve secure and encrypted communications between rescue forces and isolated persons during civil and Combat Search and Rescue (CSAR) missions. Cubic's mobile LOTG system is specifically modified to sync with military-grade equipment and is the only piece of mobile equipment that interfaces with a C-17's antenna suite to locate, decode and provide the aircrew location information on a 406 MHz beacon. Also, the system which interfaces with the C-17 antenna can only be provided by Cubic Defense Applications Inc. as there are no other contractors within the market.

Additionally, Cubic currently has a five (5) year base indefinite delivery/indefinite quantity (IDIQ) contract, contract no.

SPRBL1-16-D-0001, in place with the U.S. Army Communications-Electronics Command (CECOM) with a contract ceiling of $76.4M and a contract completion date of December 2020. This IDIQ is for the commercial sale of the AN/ARS-6 (V-12) PLS (Personnel Locator System) system, which is part of their standard CSAR system and a variant of the LOTG system.

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY13 Sep 2017

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A sources sought was conducted from 19 April 2018 to 28 April 2018 yielding only one response:

Cubic Defense Applications, Inc., 933 Balboa Ave, San Diego, CA, 92123-1515, Cage#: 94987; DUNS#: 186064960, SAM Expiration: 03/28/2019, Large Business, Mike Cameron (Michael. Cameron@cubic.com), 858-505-2230.

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

Market research will be conducted to ensure that the price offered by the contractor is truly fair and reasonable. It is already prior knowledge that this product is a commercial item that has been purchased by the Government previously; however, on this current requirement the commercial item is being modified for specific Government needs. In the future, the Contracting Officer will utilize historical data as well as other than certified cost and price information to ascertain whether or not the proposed price is fair and reasonable.

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

As described in Section VI above, market research was conducted on FedBiz-Ops (FBO) via sources sought of the proposed acquisition, advising industry of the pending acquisition and requesting the submission of capabilities packages. No responses, other than that from Cubic Defense Applications Inc., were received. This item has also been sold commercially to the public and other government agencies requiring CSAR capabilities.

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

The LOTG system is, in essence, a "black box," which is a commercial audio and rescue communication device that all commercial planes and aircraft are mandated to have per the FAA. The commercial black box was further modified by Cubic Defense Applications, Inc. to be a mobile communication's system that has the capability to interface with military aircrafts to assist flight crew members in search and rescue operations.

Cubic Defense Applications, Inc. is the sole manufacturer and developer of this item. It was specifically engineered to be a mobile system and to interface with the C-17's antenna. Cubic confirmed that there are no authorized resellers for the LOTG system and that it was exclusively developed and manufactured at their own private expense. Furthermore, Cubic operates in a market that delivers military-grade global defense communication devices to government agencies and is the only known and authorized vendor of the LOTG system and its 2nd Generation LARS variants.

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

Cubic Defense Applications, Inc., 933 Balboa Ave, San Diego, CA, 92123-1515, Cage#: 94987; DUNS#: 186064960, SAM Expiration: 03/28/2019, Large Business, Mike Cameron (Michael. Cameron@cubic.com), 858-505-2230.

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.

All parts and instruments for the LOTG system are proprietary to Cubic Defense Applications, Inc. The requirement was

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY13 Sep 2017 developed based on Cubic Defense Applications, Inc. standing contracts with the USAF and the CENCOM to develop communication equipment that interfaces with military aircrafts. On discussions with Cubic Defense Applications, Inc will be conducted regarding any additional approved authorized distributors of their products. The Government team will continue to monitor the marketplace to determine if any additional sources can be found to provide this requirement in the future.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. 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.