EOD_RFoS_Repair_JA_FD20201450231_28Feb14_Redacted.pdf

FD2020-14-50231

28 February 2014

COORDINATION AND APPROVAL DOCUMENT

Contracting Activity: AFLCMC/EBHKA Purchase Request Number: FD2020-14-50231 Program Name: Explosive Ordnance Disposal (EOD) Family of Robot Repair Services Estimated Contract Cost:

Type Program: PEO – Non-ACAT Authority: 10 U.S.C. 2304(c) (1), as implemented by FAR 6.302-1 Type J&A: Class

COORDINATION:

Program Manager:

Contracting Officer:

Legal Review:

APPROVED:

Competition Advocate:

JUSTIFICATION FOR OTHER

THAN FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY:

United States Air Force

AFLCMC/EBHKB

6033 Elm Lane, Bldg 1247 Hill AFB, UT 84056-5825 Contracting Officer: Mr. Trevor Braswell Phone Number: 801-777-0280 PR Number: FD2020-14-50231

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

A. Upon approval to use other than full and open competition procedures, the Government will issue a new commercial service contract for the Air Force F6A Andros and the Air Force Medium Size Robot (AFMSR) to provide maintenance, repair, replenishment spares, parts, upgrade, and technical support services. This is a follow on contract for FA8213-12-M-0050.

This requirement is for support of the Explosive Ordnance Disposal (EOD) Program used by U.S. Air Force EOD technicians. This new follow on contract will be awarded to Remotec Inc., 353 JD Yarnell Industrial Pkwy, Clinton, TN, 37716-4013, CAGE Code 0AJL2.

B. Contract Type & Structure: A commercial services contract to provide evaluation, repair, upgrade, and component replacement of the current inventory of EOD F6A and AFMSR Robots with an anticipated Firm Fixed Price Indefinite Delivery/Indefinite Quantity arrangement will be issued. The estimated award date is 15 August 2014 with performance and delivery expected through 15 February 2020. The total estimated maximum contract value is

C. Approval request is for a “CLASS” J&A type. The current, known repairs are based on a history of previous repairs. The potential exists for additional robot components to require repair that will be unknown at time of contract award; however all repairs will be related to the overall repair scope of the F6A and AFMSR robots identified and estimated in Section III below. The repairs parts that are unknown are not identified in our repair history. These additional components will be priced at a later date when the requirement is made known.

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED MEETING THE

AGENCY’S NEEDS:

A. Under the contemplated commercial service contract, Remotec Inc. will provide evaluation, repair, upgrade, and component replacement of the current inventory of EOD F6A and AFMSR Robots in sustainment of the US AF EOD Program. The Robot Family of Systems (RFoS) are used by Explosive Ordnance Disposal teams to defeat Improvised Explosive funds. The ordering period for this contract will begin upon contract award (est. Aug 2014) and orders may be issued through a period of five years (est. Aug 2019). Delivery of each order is estimated 120 days ARO. There are no feasible actions that can be taken to promote competition during the performance of this acquisition as described in Section V of this document.

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 at this time.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS

OR NATURE OF THE ACQUISITION REQUIRES THE USE OF AUTHORITY CITED

ABOVE (APPLICABILITY OF AUTHORITY):

A. The above authority was selected because Remotec Inc. is the only source providing repair services for F6A Andros and AFMSR robots. The robots were developed and manufactured solely by Remotec Inc. as commercial products. RFoS provide lifesaving tools and equipment with the ability to render safe IEDs, conventional explosives, and UXOs to meet protection and surveillance missions. The proposed commercial repair services provide the continuous repair and parts replacement support in hazardous environments throughout the world. The highly specialized capabilities of these robots perform a critical function to keep EOD technicians out of harm’s way. If a robot is unavailable, an EOD technician must don a “bomb suit” and perform the duties usually handled by the robot directly exposing the technician to life-threatening situations. Given the importance of the missions the robots perform, it is essential they are repaired correctly and with original manufacturer parts.

Remotec Inc. maintains the repair data, drawings, schematics, diagrams, parts, firmware, testing and quality assurance for the repair and integration components and systems. The RFoS and interfaces are custom Remotec Inc. designs that include patented articulated track designs and radio systems. Remotec Inc. is the sole source provider of the technical data package for the RFoS with hardware and software system integration, system engineering, configuration, testing, manufacturing, repair, parts list and expertise as the original equipment manufacturer. Therefore this acquisition will be for a follow on contract for continued performance of a highly specialized service.

B. The Air Force reviewed several forms of license rights (e.g. Operations, Maintenance, Installation, and Training (OMIT), form, fit and function, unlimited and government purpose license rights. Based on the complexity of the robot system, the Government will need unlimited or government purpose rights in order for another potential contractor to compete for this acquisition. The Government attempted to obtain unlimited data rights and technical data package for the Robot Family of Systems configuration to compete the repair services on 12 Nov 2013. The vendor responded 19 Nov 2013 that the technical data package is not for sale and the vendor will not offer any data rights to the Government at this time. The Government contacted Remotec Inc. 06 Mar 2014 to request a ROM for government purpose rights. Remotec Inc. responded 07 Mar 2014 that they are not interested in selling data rights and the Government has limited rights to the manual data only.

C. AFLCMC/EBHCC 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. It is uneconomical to reverse engineer the technical data package and software interface to recover the cost for the rapid change in modernizations and technology of the robots. As Remotec Inc. is unwilling to sell any data license rights, a new contractor would have to replace all existing robots in order for the new company to have the knowledge and perform the critical functions to repair the robots to elevate EOD technicians out of harm’s way. Currently the Government’s inventory consists of 206 each F6A robots and 136 each AFMSR robots. Based on the 2005 purchase of 51 F6A robots on contract FA4890-05-F- 0133, it would cost per robot with a 6 month delivery schedule. To purchase 206 F6A robots for repairs would cost a contractor over and would take over two years to deliver. The last contract, FA4890-12-F-0008, for 17 each AFMSR robots had unit costs of with a delivery schedule of 6 months. To purchase 136 AFMSR robots for repairs would cost a contractor and take over 3 years to deliver. The total cost for a contractor to purchase replacement robots for repairs would total over and take over 5 years to deliver the required quantity resulting in a substantial duplication of cost to the Government.

D. Accordingly, Remotec Inc. is the only firm capable of providing services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition and in fulfilling its requirements.

VI. DESCRIPTION OR EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE:

A. A sources sought synopsis FA8213-13-R-RFoS was issued by Hill AFB Contracting 28 May

2013. The Government requested the responders provide evidence that they were a distributor of Northrop Grumman – Remotec and that the technical data package, drawings, schematics, repair instructions, repair history with component/part demands for major and overhaul repair parts are available to perform this repair capability. The responders were also to provide repair analysis and history of components/part repaired to serviceable condition for the RFoS.

B. Responses were received from the following two vendors. Both companies stated they had the capability to perform the tasks as outlined in the sources sought synopsis:

1. KAMMS Group, LLC (Cage: 6FQ62) 13601 Office Place, Suite 201 Woodbridge, VA 22192

2. Explosives Ordnance Mission Focus Defense (EOMFD) (Cage: 6PNX3) 111 St. James Ave., Suite C Goose Creek, SC 29445

C. The Program Office (PO) requested further clarification to the responders of the original sources sought synopsis with questions 04 February 2014 with a suspense date of 12 February 2014. The PO requested the responders address specifically the following questions and the PO evaluated the responses:

a. Are they an authorized distributor of Northrop Grumman – Remotec; both offerors responding to the government inquiry by saying they are not distributors Northrop Grumman – Remotec parts. Without access to these parts, the offerors would not be able to repair the robots;

b. Are technical data packages, drawings, schematics, and repair instructions currently on hand? Both offerors replied by stating that operational and maintenance manual is available and that if further technical data package is necessary they would obtain from Northrop Grumman – Remotec. Northrop Grumman-Remotec was contacted to determine if they would provide technical data package, drawings, schematics and repair instructions to Government or another contractor. Northrop Grumman-Remotec is unwilling to provide this information to anyone;

c. Do they have components / parts list for high-demand LRUs, major, minor and /or total overhaul repair parts? Do you have repair history for F6A and AFMSR?

KAMMS response stated the questions are outside the scope of the original RFI.

Usage data is not available and will use AF maintenance records. They have no experience with F6A or AFMSR. The Air Force has determined this company does not have the capability to perform these repairs. EOMFD response stated all needed parts list and component are listed in the manual. However, the manual only provides operational level maintenance. There are no depot overhaul repair instructions, test procedures and OEM specifications for any contractor to obtain.

D. After reviewing responses to the follow-up questions, the Program Office issued a subsequent memo 19 February 2014 stating neither responder was qualified to perform the service. Responders were directed to provide a response or refute the disqualification by 21 February 2014.

a. KAMMS Group did not submit a reply to the disqualification memo dated 19 February 2014 from the Government. On 13 March 2014, PO issued notification to KAMMS Group that the Government has determined they are not capable of obtaining the technical data package, drawings, schematics, and depot level overhaul instructions to perform this acquisition and the Government intends to continue with sole source acquisition approach. KAMMS Group acknowledged that the Government is continuing with sole source acquisition.

b. EOMFD issued a response to the memo, received 20 February 2014, indicating they disputed the Government’s assessment that EOMFD was not a qualified source. EOMFD interpreted the sources sought as managing repairs rather than performing repairs. The Government responded with clarification that the sources sought requested depot-level repair capability. EOMFD concurred they were not a qualified source.

E. This acquisition will be synopsized in Fed Biz Ops IAW FAR 5.201

F. Other Actions: None

G. Qualifying Country Sources: None

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting Officer 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 and 12.209- Contract Pricing.

The Air Force will obtain prior sales data and/or prices paid for the same or similar commercial items. A technical evaluation will be accomplished as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The contracting office will obtain other than certified cost and pricing data IAW FAR Subpart 15.403-3, when required. The final step is to include the Price Negotiation Memorandum (PNM).

This detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

VIII. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS

OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED:

A. 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.

B. Market research was conducted 1 Jul 2013 through the present date on a continual basis by

EOD equipment engineer IAW FAR 10.001(a) (2) (v) guidance. Market research consisted of Fed Biz Ops, internet search, Thomas Registry, Government EOD sustainment community, government and commercial database such as techweb.com; industrylink.com, and other internet sites, and the results found that no other contractors are capable to successfully maintain the repair support for the USAF inventory of F6A and AFMSR robots.

C. After review of industry sources and evaluation of the information received, it was determined there were no alternative sources to provide repair and maintenance for the Government requirements other than Remotec Inc. As the original manufacturer and developer of the RFoS, Remotec Inc. is uniquely qualified to perform this service. IAW FAR Part 10, engineering has determined there are no commercial or non-developmental services available that could be modified to satisfy the repair requirements.

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

OPEN COMPETITION:

None

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

ACQUISITION:

See 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:

None

XII. CONTRACTING OFFICER’S CERTIFICATION:

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 (FAR 6.303-2(b)(12)).

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 (FAR 6.303-2(c)).