JA_Redacted.pdf

CONTROLLED UNCLASSIFIED INFORMATION

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

CONTROLLED UNCLASSIFIED INFORMATION April 2021 Page 1 of 9

Date

20Aug 2021

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23 Aug 2021

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23 Aug 2021

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26Aug 2021

1-

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Signature

25 Aug 2021

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I Signature

I a I • ., Date

26Aug 2021

Was a J&A approved for the preceding acquisition? (gl Yes D No

!! Attach the preceding J&A in the staff paclkage for this J&A. The preceding J&A will be used as a reference document.

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

Is this a Bridge Action as defined at AFFARS 5302.101? D Yes [Z] No

Dollar Value of this Acquisition: D $750K D > $750Kand .$. $1SM D > $1SM and $100M

Contracting Activity: Air Force Life Cycle Management Center, Tinker AFB, OK (AFLCMC/HBK)

Purchase Request (if available): F3YTBH4343B001

Program I Project (and PE, if applicable): Scope Command Next Generation (SCNG) Contract

Program Type (PEO, Enterprise, of Operational): PEO

[Z] > $100M

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

Estimated Contract Cost (including options): $ 176,979,374 J&A Type: D Class [Z] Individual

COORDINATION ( AFFARS 5306.304(a})

Signature

CONTROLLED UNCLASSIFIED INFORMATION April 2021 Page 2 of

2 Nov 2021

CONTROLLED UNCLASSIFIED INFORMATION April 2021 Page RI

Principal Deputy Assistant Secretary of the Air Force

DARLENE J. COSTELLO 703‐697‐9373

Signature Date

APPROVAL ( AFFAR S 5306.304(a))

I. Agency and Contracting Activity.

United States Air Force AFLCMC/HBK (Tinker) 3001 Staff Drive, STE 2AJ86A Tinker AFB, OK 73145

The purchase request (PR) number is F3YTBH4343B001.

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

This individual Justification and Approval (J&A) authorizes the use of other than full and open competition procedures to obtain a new contract for the continued sustainment and modernization of the High Frequency Global Communications System (HFGCS) Scope Command system. A hybrid indefinite delivery/indefinite quantity (ID/IQ) contract is contemplated, utilizing firm fixed price (FFP), cost reimbursement (CR), cost plus fixed fee (CPFF), and cost plus incentive fee (CPIF) contract line item numbers (CLIN(s)). This acquisition is not a bridge action. Each task order requirement determines the CLIN structure for individual requirements, supporting normal sustainment, unique modernization and repair/replacement for the HFGCS radio and network subsystem.

Market research supports the other than full and open competition approach through Collins Aerospace, Inc., using commercial and government entity (CAGE) code 13499 The ID/IQ contract proposed would be for a 6 year contract. It will utilize a 3 year basic ordering period with one 36 month extension accomplished by modification. The extended ordering period will be accomplished IAW DFARS 217.204(e)(i)(B) and FAR 17.204(g).

This is a non-commercial acquisition, utilizing FAR Part 15, Contracting by Negotiations; this approach is considered appropriate for the acquisition. The total estimated amount of the contemplated contract is $176,979,374, with an estimated award date of August 2022.

Previous Contract: FA8102-16-D-0005 Contract Name: Scope Command Continuing Sustainment (SCCS) Date of Award: 31 August 2016 Completion Date: 30 August 2022 Basis of Award: Sole Source

III. Description of supplies/services required to meet agency needs (including the estimated value).

Under the contemplated contract, Collins Aerospace, Inc. will provide services in support of the sustainment of the Scope Command program for the HFGCS, which includes life-cycle management support, modernization, expansion and depot-level contractor logistics support (CLS).

The estimated total value supports requirements funded by 3080 (procurement), 3400 (operations and maintenance), and external agency funding. Research, Test, Development and Evaluation (RTD&E) may also be used to support integration and testing of development efforts in support of DoD/USAF HF Modernization. RTD&E funding to support new capability development on this contract is not contemplated. External agency funding includes U.S. Navy and U.S. Coast Guard operations and maintenance funding in support of their prorated share of the total depot-level contractor CLS task orders.

Period of performance for each task order awarded in accordance with this contract is variable depending on complexity of the task/requirement.

Year Total Estimated Cost Estimated Period of Performance Basic 3-Year Modification

31 August 2022 - 30 August 2025 31 August 2025 - 30 August 2028

CLIN 0001 (FFP) Contract Depot Maintenance (CDM) Annual CLS Support - Basic CDM logistic support; PM support/admin CLIN 0002 (FFP) CDM Adder - Station-level monthly CDM support

CLIN 0003 (FFP) CLS Support (Adder) - Depot maintenance of equipment via CDM CLIN 0004 (FFP) Program Management Support - PM overarching Management support CLIN 0005 (FFP) Over and Above - Ability to cover unanticipated costs CLIN 0006 (FFP) Site Survey - Provides site survey support called out in PWS CLIN 0007 (FFP) Training -Training to operators/maintainers via classes/training materials CLIN 0008 (FFP) System Modernization - System modernization integration, install and fielding CLIN 0009 (CPIF) System Modernization - System modernization integration, install and fielding CLIN 0010 (CPFF) System Modernization -System modernization integration, install and fielding CLIN 0011 (FPIF) System Modernization - System modernization integration, install and fielding CLIN 0012 (FFP) Non-CMD Equipment Repair/Refurbishment - Sustainment of equipment beyond scope of annual CDM task CLIN 0013 (FFP) Studies - Assessment of current conditions and options for future efforts CLIN 0014 (CPFF) Studies - Assessment of current conditions and options for future efforts CLIN 0015 (CPIF) Studies - Assessment of current conditions and options for future efforts CLIN 0016 (FPIF) Studies - Assessment of current conditions and options for future efforts CLIN 0017 (CR No Fee) Travel - The contractor will travel to sites in support of task orders CLIN 0018 (FFP No Fee) Travel Labor by Site CLIN 0019 (NSP) - Data CLIN 0020 (FFP) Non T-TAC Funded Travel - Supports non-TAC funded travel

Estimated cost breakdown and type of fund appropriation by CLIN vary at the task order level. Engineering hours involved at the task order level are individually negotiated. As task order requirements vary within the scope of the basic contract task order requirements will determine the CLIN structure to be applied/utilized for the requirement. The contract will include a Contract Data List Requirements List (CDRL) identifying intellectual property (IP) deliverables the contractor will provide to the Government, such as hardware/software interfaces, executable code and source code documentation. The Government anticipates acquiring the following types of IP to those deliverables: Unlimited, Government Purpose, Limited, Restricted, and Specifically Negotiated License Rights as appropriate. The Government anticipates the likelihood of pursuing these type of rights will increase on system modernization efforts (CLINs 0008 through 0011) where there is a clear segregation of what has been exclusively paid for by the Government.

IAW Market Research addressed in Sections V, IX, and XI below, there are no immediate actions that can be taken to develop competition at this time. Therefore, it is considered appropriate to seek approval for a six year contract with a 3 year basic ordering period with one 36 month extension. There is no obligation by the Government to place any order after the initial award of the ID/IQ contract and order for the minimum contract amount. If other qualified or approved sources become known during the ordering periods defined for this contract, a new competitive acquisition will be pursued and the remaining ordering period will be utilized to support the current system up through award and stand up of the competitively awarded replacement system/contract.

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

6.302-1 (a)(2) - 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 the nature of the acquisition requires use of the authority cited above (applicability of authority).

This program is composed of a collection of commercial off-the-shelf (COTS) hardware equipment that is integrated using the software suite Communications Control & Management System (CCMS), developed exclusively at private expense by Collins Aerospace, in order to form a highly specialized and unique military strategic high frequency communications system.

Utilizing CCMS, the Scope Command subsystem manages the functions necessary to orchestrate a single unique military capability. System operational capabilities require equipment coordination for multiple stations in support of a single mission using the functionality provided by the CCMS software. The unique ability to provide split-site integrated station operation, utilizing coordination between the current networked transmitter and receiver equipment, is not immediately available from any other vendor, and cannot be obtained without a significant investment of time and duplication of cost to obtain a different software tool with the same functionality.

CONTROLLED UNCLASSIFIED INFORMATION April 2021 Page 6 of 9

The CLS depot-level capability is supported by eight unique Collins Aerospace owned and operated system integration labs (SILs) that are critical in providing hardware sustainment support to the field. These SILs are used to support sustainment activities, including the ability to test critical information assurance configurations and software patch fielding requirements required by the DoD to maintain information assurance compliance and certification. They are also used in the performance of regression testing and risk reduction in the acquisition of replacement obsolete COTS equipment and modernization efforts. This acquisition of CLS capability is for the continued performance of a highly specialized service.

The original contract (F04606-95-D-0192) did not contain a Deferred Ordering clause (DFARS 252.227-7027) and the Government did not purchase the baseline integration data rights to the system or the proprietary CCMS software. It was instead purchased as a COTS/non-development system from Collins Aerospace, Inc. and Government subsequently invested $5M to add to the original software to meet the required military capabilities. These modifications added specific customizations that supported how the USAF intended to operate the system, but did not change the baseline functionality developed by the contractor. After reviewing documentation the System Program Office (SPO) created in 1993, the SPO confirmed it acquired the system as a non-developmental item. The Government has no rights in or ability to acquire or distribute baseline technical data. The Government has only received operational, maintenance, installation and training (OMIT) data as required by the terms of the task orders issued under the SCNG contract. See Section IX for information about the Government's attempts to obtain data rights from Collins Aerospace. No other vendor can provide this unique data code/ capability without partnership with Collins Aerospace, Inc. or investing in significant development and integration (that could take from five to seven years for design, build, test and field, resulting in significant duplication of costs), or without creating another proprietary vendor situation for the Government. The technical data is critical to providing sustainment support for this highly specialized system.

The HFGCS program office believes that award to any other source would result in substantial duplication of cost to the government that is not expected to be recovered through competition. Due to the embedded nature of the CCMS software with HFGCS hardware, competing the contract to another vendor would require a complete replacement of the HFGCS radio system. CCMS has been modified extensively throughout the life of HFGCS and is now a military-unique and custom-tailored proprietary software system. AFSC/FZC completed a sufficiency review in 2015 that estimated that a complete replacement of the system would have cost approximately $243M. Breakdown of the $243M included non-recurring engineering costs for software development ($109M) utilizing a conservative estimate developed by the cost estimator; acquisition of new hardware and software ($110M); and procurement of a new SIL facility ($23M), not including facility/real property costs.

These estimates were based on CCMS containing 500K lines of code (LOC); as of 29 April 2021, CCMS is comprised of 879K LOC. Factoring inflation and the increased amount of LOC, a rough cost estimate for a complete HFGCS replacement in 2021 would be over $355M. Since the Government would have to maintain the current system during development of a new system in order to meet mission requirements, the Government would still incur costs to sustain the current system during development of a replacement system.

Accordingly, Collins Aerospace, Inc. is the only firm capable of providing the services described in Section III above without the Department of Defense experiencing substantial duplication of cost that could not be expected to be recovered through competition.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A Request for Information was posted on sam.gov from 18 February 2021 - 17 March 2021. This RFI requested vendors to identify their capabilities in five key areas: supporting a replacement effort for obsolescence radios; perform repair/overhaul/ testing of equipment; support supply chain management; integrate/install/modernize/sustain Scope Command; and operate/maintain/manage the HFGCS utilizing OEM CCMS software. Six vendors expressed interest in the requirement (including the incumbent). See Section VIII for more details. This requirement was synopsized and posted on sam.gov as a notice of proposed contract action in accordance with FAR 5.201 on 17 February 2022.

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

The contracting officer will ensure that the requirements described herein are negotiated at a fair and reasonable price to

CONTROLLED UNCLASSIFIED INFORMATION April 2021 Page 7 of 9 the Government. The contractor shall be required to provide certified cost and pricing data for requirements over $2M. Collins Aerospace Inc. utilizes a FPRR/FPRA (Forward Pricing Rate Recommendation/Agreement), with the most recent FPRA dated 29 September 2021. A cost/price analysis will be accomplished utilizing Certified Cost or Pricing Data or Other than Certified Cost or Pricing Data in accordance with FAR Subpart 15.4. The contracting officer will seek assistance from the Defense Contract Management Agency and/or Defense Contract Audit Agency if necessary.

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

In preparation for the Scope Command Next Generation contract, market research was conducted IAW FAR Part 10, through web searches, industry high frequency (HF) association reviews, as well as a Request for Information (RFI). Web research primarily directed to the High Frequency Industry Association (www.hfindustry.com). This website/association compiles a list of 33 companies who operate/manufacture HF radio systems, with only the incumbent company being evaluated as being capable. Additionally, market research started when the RFI was posted to sam.gov on 18 February 2021 and completed on 17 March 2021 (see Section VI for more information). Six vendors responded to the RFI. Three vendors responded in full (Collins Aerospace, Babcock International and Rohde & Schwarz USA) and three vendors did not (Barrett Communications, Tyto Athene, and BAE Systems).

The first RFI response was from Babcock International. Utilizing this contractor to sustain HFGCS would requires system replacement. Babcock International is currently the prime contractor for the United Kingdom's DHFCS (Defence High Frequency Communication Service), as well as for New Zealand's HF strategic radio system. The DHFCS uses its own modified version of CCMS, which has been tailored over time to suit UK's needs. This software version is very different from the US/ Collins' CCMS and does not contain the same modifications that the US Government paid for with Collins.

The second RFI response was from Barrett Communications. Barrett Communications is an experienced vendor with tactical HF radios. Barrett Communications made no response regarding multiple portions of the RFI. The contractor's response failed to substantiate their ability to meet the stated requirements to sustain the HFGCS.

The third RFI response was from Tyto Athene, LLC. Tyto is a third party integrator. The contractor failed to respond to multiple portions of the RFI.

The fourth RFI response was from BAE Systems, Inc. BAE Systems is a large corporation and recently acquired Flex Radio and Raytheon Tactical Radios. BAE failed to respond to multiple portions of the RFI.

The fifth RFI response was from Rohde & Schwarz USA, Inc (R&S). In their response, they discussed a complete HFGCS replacement system, offering receivers, transceivers, power amplifiers, and implementations of other needed items. The R&S M3SR Series 4100 radios offered are IP-enabled, compatible with HFGCS. R&S has their own control and monitoring software system (R&S RCMS II). This software system would have to either replace CCMS or be integrated via third party. In addition, R&S has a "one stop shop" maintenance facility concept based out of their headquarters. Their response to supply chain management relies on usage of in-house product. As submitted, the contractor's response does not address the sustainment of the current HFGCS system, but rather relies on complete system replacement, which as discussed in Section V, is not beneficial to the Government.

The sixth and last response was from the incumbent contractor, Collins Aerospace, Inc. Collins' response addressed all items from the RFI and documented their successful performance as the prime contractor since HFGCS inception in 1995.

On 23 June 2021, the HFGCS Program Office held a combined meeting with AFLCMC/HNA Aerial Networks Division to discuss synergies between similar government programs and to identify if any currently existing programs could be utilized or modified to incorporate the functions/mission of the HFGCS Scope Command program. The meeting did not identify any significant overlap in CCMS capabilities within any already existing or contemplated programs. The architectures between HF radio and SATCOM technology were identified as being too significantly different for Scope Command to utilize any hardware or non-proprietary software that may advance the program away from current CCMS software architecture limitations.

Market research (internal and external to the Government) identified that there were no qualified candidates capable to

CONTROLLED UNCLASSIFIED INFORMATION April 2021 Page 8 of 9 compete for the requirement and concluded a sole source contract to Collins Aerospace, Inc. is in the best interest of the Government at this time.

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

As stated in Section V, the Government only has rights to OMIT data. However, such rights are insufficient to satisfy the current need. Access to the original technical baseline of CCMS is necessary to accomplish the tasks for this acquisition. The technical baseline enables all of the core functionality of the Scope Command system, including long-haul HF communications, radio/phone interfacing, and priority reordering of emergency communications. Without the technical baseline data rights, there is no system to sustain. Efforts by the Government to acquire a license from the OEM have been unsuccessful. The most recent attempt by the Government to acquire the data or rights to the data occurred on 1 April 2021.

The Contracting Officer sent the OEM a letter requesting they re- state their current position on CCMS data rights; that they disclose if they have granted CCMS data rights to any other commercial contractor or government agency; and that they disclose if they have any partnering agreements regarding CCMS Software. The OEM responded on 7 April 2021 stating that they still assert ownership and rights as they have been established in the past and they decline to sell or license those rights; additionally, they have not granted rights or have any partnering agreements with other contractors/agencies. Based upon its review of documentation the SPO created prior to award of the original contract, the SPO does not take exception to the contractor's assertion it developed the original CCMS technical baseline exclusively at private expense.

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

Babcock International, Inc. - No Cage Code 33 Wigmore Street, London, W1U 1QX, United Kingdom

BAE Systems, Inc. - 8M6A5 5001 US 30 West, Suite 40 Fort Wayne, IN 46818

Barrett Communications USA Corp. - 63256 90 Office Parkway, Pittsford, NY 14534

Rohde & Schwarz USA, Inc. - 334220 6821 Benjamin Franklin Drive Columbia, MD 21046

Tyto Athene, LLC. - 0TPR9 510 Spring Street, Suite 200, Herndon, VA 20170

Collins Aerospace, Inc. - 541330 3200 E Renner Rd, Richardson, TX 75082

See Section VIII for more detail.

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 a result of continued refusal by the sole source contractor to provide or license data as well as the duplication of cost of developing additional sources per Sections V and IX, there are no known additional actions which can be taken to remove barriers to competition and therefore, specific actions and milestones cannot be established.

Collins Aerospace, Inc. continues to assert intellectual property rights to the original baseline software. As recommended by the previous Justification & Approval, the data rights ownership was detailed in a Collins Aerospace SCOPE Command ID/IQ Computer Software Rights Assertions report in June of 2016 and was attached to the current contract. This report asserts all of the non-commercial software developed exclusively at private expense by Collins Aerospace. Additionally, the current contract (FA8102-16-D-0005) requires Collins to produce a Software Metrics Report, regularly providing the Government with the current status of data and computer software rights ownership. However, without the rights to the original technical baseline, the Government ownership of these data rights is of little advantage. Finally, with respect to future contractor-developed CCMS revisions (e.g., executable code, source code, and related technical data) the SCOPE Command contracting officer will challenge any assertions that such development was accomplished at private expense. Continued diligence in challenging such assertions will ensure the Government acquires the standard commercial and noncommercial licenses to which it is entitled.

To limit the effects of the Collins Aerospace IP assertion, the program office intends to resist any growth of the IP-locked core

CONTROLLED UNCLASSIFIED INFORMATION April 2021 Page 9 of 9 system capabilities. Digital engineering and agile software development demanded by the warfighter are likely going to be at the system interface level, separate from the contractor-owned core radio management software. In an effort to move towards a modular open system approach, a universal interface control document (ICD) was discussed during the Joint Capability Technical Demonstration (JCTD) North meeting in July of 2021. This meeting discussed purchasing the development and data rights to a standard interface capability document that can manage HFGCS system assets, allowing integration of new external software/hardware that could be placed in a bidder's library. This module would be fully Government-owned, freely distributed, and is anticipated to expand new user capability requirements outside of a single source. Funding for this product has been received from OUSD (R&E) and is anticipated to be contracted in Q2 FY22. The program office expects to continue this iterative process toward minimizing reliance on a single vendor for all DoD strategic HF radio communications capabilities. While this new ICD may provide competitive opportunities to add new capabilities, it will not eliminate the need for sustainment of the original technical baseline by Collins Aerospace. Through the JCTD North effort, Collins has already demonstrated a willingness to work with the Government and other vendors toward competition.

The Government anticipates ensuring sufficient data is obtained with the ICD along with appropriate license rights to support the potential for future competition for new capabilities.

Per PGI 206.304(a)(S-70), as indicated by signature on the Coordination and Approval Document, the previous J&A has been reviewed and the Approval Authority determines that all stated actions to remove barriers to competition have been accomplished.

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 our signature(s) above, we certify that any supporting data contained herein, which is our responsibility, is both accurate and complete.