-_USAF_P5_Pod_Buy_J&A__FINAL_Redacted.pdf

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

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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! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

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

Contracting Activity: AFLCMC/HBZCC

Purchase Request / Local ID Number: TBD

Program / Project (and PE, if applicable): P5 Combat Training System (CTS/TCTS)

Program Type (PEO or Other Contracting): PEO

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 Jan 2019

Project Lead / Program Mgr / Requiring Activity

AFLCMC/HBZCC

Signature

Date Contracting Officer

AFLCMC/PZZKA /

Date

20 Mar 2019

Local Legal Reviewer

AFSC 75 ABW/JAQ /

APPROVAL (AFFARS 5306.304(a) )

Date

26 Mar 2019

Alternate Competition Advocate

AFSC/PZCA

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I. Contracting Activity.

United States Air Force

AFLCMC/PZZKA

6039 Wardleigh Rd, Bldg 1206 Hill AFB, UT 84056 PR Number: TBD

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

Upon approval to use this Individual Justification for Other Than Full and Open Competition, the United States Air Force (USAF) will procure approximately 52 non-commercial P5 Pods, (AN/ASQ- T509V2) with Global Position System, GPS. The DRS Integrated GPS Solution Assy (SAASM Version) PN 01227500-1 (SM) GPS will be provided as GFE. The acquisition of the pods are replenishment/replacement for the P5 Combat Training System/Tactical Combat Training System (P5 CTS) system. Pods will be procured using FMS contract, FA8217-19-C-XXXX, awarded Sept 2019.

The previous pod acquisition was completed in 2012:

Contract: FA8678-12-C-0104 Contract Type: FFP Award Date: 07 Oct 2011 Basis of Award: Sole Source PoP: 07 Oct 2011 thru 31 Mar 2013

The P5 Pod procurement is Sole Source to Cubic Defense Applications, Inc. (CDA), 9333 Balboa Ave, San Diego, CA 92123 (CAGE CODE: 94987).

J&A Type: Individual Contract Type: FFP Estimated Cost:

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

This is a supply requirement. The purpose of this procurement is to replenish/replace P5CTS damaged and destroyed P5 Pods. The P5CTS consists of the Airborne Subsystem (AS), or "Pod", and the Ground Subsystem (GS), which can be fixed, transportable, or portable, auxiliary equipment (e.g.

umbilicals, weights, A- 10 adapter, boot flash modules) and peculiar support equipment. The ground support (GS) encompasses live monitor, training debrief stations, associated network equipment and support equipment. The P5 CTS provides precise time-space-position information (TSPI), mission reconstruction, post-mission debriefing of air crews and other weapon systems operators, and an interactive training environment with air defense threats and simulated ordnance exchanges. The Pod procurement will be FFP utilizing 3010 Funds.

CLIN Description

1001 FFP

Noun: Airborne Subsystem (AN/ASQ-T509V2) Replenish Supply

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Common Description Quantity Price

P5 Pod 52

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

10 USC 2304(c) (1) as implemented by FAR Part 6.302-1 (a)(2)

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

A. The current contractor is performing all CLS work as stated, in Section II above. The services and supplies are considered to be highly specialized since detailed knowledge of the baseline P5 CTS design and performance and the field infrastructure are required in order to perform depot level tasks.

The USG does not have a P5 CTS Technical Data Package (TDP) necessary to produce, support and implement modifications, block upgrades, and integrate changes to the system and would have to procure that data package from CDA. CDA possesses a unique/highly specialized capabilities to include facilities, personnel, test equipment, and special tooling necessary to produce the highly specialized equipment and services. CDA advised the Government in writing (November 20, 2018) it is unwilling to sell, lease, loan, or rent the data rights and associated documentation/software source code required to modify the system.

B. The U.S. Air Force believes that award to any other source would result in unacceptable delays in fulfilling its requirements. Due to the complexity of the system and its components, the Government expects it would take more than five years to acquire a competitive package: one year for the source selection process, approximately three years for reverse engineering and data/ software development, one year for verification and qualification of the TOP/software.

Comparatively, development by the original equipment manufacturer of the S-Band DLT (a shop replaceable unit within the pod) required two years, and the current redesign of an obsolete modem has been underway for more than two years. Additionally, with the system's initial fielding in October 2006, an anticipated 15-year service life, and a Presidential mandate to vacate the 1755-1780 MHz spectrum by 2021, positioning the program for competition would expose the USAF to unnecessary schedule risks (not including additional cost and technical including additional cost and technical risks).

C. Accordingly, CDA is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements. Therefore, this acquisition is for continued production of a highly specialized supplies.

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

A. The P5 CTS program office conducted Market Research by posting a combined Sources Sought and Request for Information (RFI) notice Solicitation number FFA8678-xx-x-xTBD was posted to FedBizOpps.gov on 22 Dec 2017 by the Eglin AFB contracting group. This solicitation for pod procurement was posted for 30 days. During that time multiple vendors expressed interest, however, after a round of follow-up/clarifying questions from the Government to the interested vendors it was determined that only one vendor had a true interest and the capability to deliver the needed product.

The vendor was CDA, the prime contractor on the current Depot CLS contract, FA8678-14-C-0005.

Market Research documentation was completed 14 March 2018.

B. The Sources Sought/Request for Information (RFI) was available to all vendors, posted for 30 days and required only a minimum of information from interested parties to be considered. The synopsis summarized follow on requirements for P5 CTS production, and sustainment requirements.

C. Four contractors submitted statements of capabilities detailing their degree of interest and their abilities. The contractors were:

· Rockwell Collins/DRS, L3 Communication System East, Stark Aerospace and CDA. Rockwell Collins/DRS, L3 Communication System East, and Stark Aerospace do not possess the capacity to meet the program office requirements in terms of known schedule needs and the potential for excess capacity to meet critical changes in mission operational tempo.

· Rockwell Collins, L3, and Stark Aerospace provided declination letters and withdrew their interest after clarifying questions/statements were exchanged. CDA is the OEM for the P5 Pod with sole proprietary data/drawing.

D. This requirement was synopsized in http//www.FedBizOpps.gov as a notice of proposed contract action IAW FAR 5.201.

E. Other Actions - N/A

F. Qualifying country sources - N/A

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

A. The contracting office will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) under Part 30 - Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4 - Contract Pricing; to include technical evaluations and audits, as appropriate.

B. Price reasonableness will be ensured using the jointly developed (Federal Acquisition Institute, Air Force Institute of Technology) Contract Pricing Reference Guides.

C. The Air Force will obtain when applicable certified cost or pricing data IAW FAR Subpart 15.403.

D. The final step is to include the Price Negotiation Memorandum (PNM). This detailed

March 2018 Security Marking (select from the drop-down list) Page 5 of 6 documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

Upon completion of negotiations a Price Negotiation Memorandum (PNM) will be completed, disclosing detailed justification of ying price reasonableness.

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, 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. No alternate equipment or substitutes can fill the government's needs with only minor modification.

No commercial off-the-shelf (COTS) or other non-development item or service can meet this requirement.

The P5 Program Manager made an unsuccessful attempt to obtain data rights for government use to support competition November 20, 2018.

Direct interface with other Government entities, industry experts any other technical professionals has not revealed any alternative sourcing options nor garnered industry interest in creating additional solutions.

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

No further information.

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

See VI.

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 unacceptable delays in developing other sources per Sections V and IX, market research will continue during the 5 year POP and request to purchase data will be conducted annually.

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

March 2018 Security Marking (select from the drop-down list) Page 6 of 6 remove barriers to competition have been accomplished.

XII. Certification by the Contracting Officer.

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

XIII. Certification by the technical/requirements personnel.

By their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified as accurate and complete all supporting data, which is their responsibility, contained herein IAW FAR 6.303-2(c).