18R0019_JA_Sole_Source_Redacted.pdf

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

March 2018 Page 2 of 3

I. Contracting Activity.

Department of the Air Force 509th Contracting Squadron 660 Tenth Street, Suite 222 Whiteman Air Force Base, MO 65305-5316

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

This Justification and Approval (J&A) authorizes the use of other than full and open competition procedures to acquire BAE Systems software. The software supports previously purchased data analysis collection software used on test flights. The software is within the Adaptable Communication Suite (ACS) and is proprietary to BAE Systems. BAE Systems is also the developer of the software. These items are required to process the data. BAE Systems also holds the patents on this software.

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

This requirement is for procurement of hardware and software to support data analysis collection software services from BAE Systems. This analysis is required to prepare the fielding recommendations of Special Programs for the B-2 Aircraft. The receipt of this data will allow proper questions and help to determine the Fielding recommendations.

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

IAW 10 USC 2304(c)(1) the head of an agency may use procedures other than competitive procedures only when -- The property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency;

The procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901;

IAW FAR 6.303-2(b)(4), the statutory authority permitting other than full is identified below:

6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

6.302-1(b)(1)(ii) For DoD, NASA, and the Coast Guard, unique supplies or services available from only one or a limited number of sources or from only one or a limited number of suppliers with unique capabilities.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

The original manufacturer of the software is BAE Systems in New Hampshire. BAE Systems is the only known source of supply for the data analysis. Additionally, BAE Systems has the engineering authority and controls the source data so no third party vendors can supply the required software.

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

This requirement was reviewed by the Contracting Officer, and the user to ensure that all possibilities for competition were considered for this procurement (see Para IX for further explanation). Based on the specialized software and engineering source data, a decision was reached to proceed with a sole source contract to BAE Systems, the original manufacturer. The BAE Systems is the sole manufacturer and source of supply for the software.

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

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

March 2018 Page 3 of 3

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

No existing or authorized vendors other than BAE Systems were found. BAE Systems confirmed they do not have distributors that carry this software.

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

The B-2 Program Office, 72nd Flight Test and 509th Bomb Wing have invested significant amounts of time and money into the ACS project. If the government procures/develops new items, it would cause substantial duplication costs, unacceptable delays in B-2 operational requirements and re-accomplishment of system designs. It will violate the current configuration of the ACS. Purchasing new software would severely limit the B-2 flexibility and effectiveness.

Also, the current items have gone through comprehensive EMI testing, TEMPEST, and crash-worthiness testing which would be effected by this procurement if not purchased through BAE Systems. It has taken many man-hours to complete the testing and certify these items. It is in the best interest of the Government to update the current units versus procuring new uncertified units.

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

Market research performed indicates no other sources will be able to fulfill this requirement. It has been determined that BAE Systems is the only source of supply.

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 requirements, including the subject requirement, are thoroughly reviewed to ensure that competition is not unnecessarily restricted. It will be difficult to remove barriers to competition on future acquisitions for this equipment since BAE Systems is the original manufacturer. For the foreseeable future, BAE Systems will be the sole source until the ACS system is replaced.