JAsigned_WSS15_Redacted.pdf

FD2020-15-50628

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

United States Air Force

AFLCMC/EBHKA

Contracting Officer:

6033 Elm Lane, Building 1247 Hill AFB, Utah 84056-5825

DSN:

Purchase Request: FD2020-15-50628

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

A. Upon approval to use other than full and open competition procedures, the U.S. Air Force will issue a new contract for Weapon System Support (WSS) and engineering services for WS-319 A,B,D,E,F,G/G2,H/K, and E2/L Maverick weapon systems with Raytheon Missile Systems (RMS), 1151 E. Hermans Road, Tucson, AZ, 85756, Cage Code: 15090.

B. Contract Type & Structure: “C” Contract; the period of performance will be 12 months after contract award. The anticipated pricing arrangement is Firm Fixed Price (FFP) & Cost Plus Fixed Fee (CPFF). Estimated value . Estimated date of award September 2015.

C. Type of J&A: Individual.

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

A. Description of Service: Requirement is for RMS to provide Engineering and Weapon System Support services necessary for the Maverick Missile Weapon System. This contract will provide the owning program manager with necessary support in solving problems or resolving issues with system engineering, system safety, configuration management, and all other related technical issues as they occur. Contract will cover a one year period at an estimated cost of . Cost determination is based on funding approved/received in FY15 program budget.

B. The anticipated CLIN structure is listed below:

CLIN DESCRIPTION PERIOD OF PERFORMANCE

0001 (CPFF) On Call Weapon System Support 12 months ARO contract 0002 (FFP) Broken Dome Study 12 months ARO contract 0003 (FFP) HAS Oil Alternate Study 12 months ARO contract

0004 (FFP) Test Equipment Road Map 12 months ARO contract 0005 (FFP) Maverick Historical Drawing Tree

Updates 12 months ARO contract

0006 (CRNF) Travel 12 months ARO contract 0007 (NSP) Data – Not Separately Priced 12 months ARO contract

C. This action is using appropriation for both CAM and Non-CAM 3400 funds.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, only one responsible source with no other services or suppliers available to satisfy agency requirements.

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 this requirement is for a highly specialized precision guided missile. The AGM-65 Maverick weapon was designed and developed by RMS as the Original Equipment Manufacturer (OEM). The OEM is the only available source with specialized/unique knowledge and expertise on the Maverick weapon system’s design, associated software, maintenance, setup and operation, hardware design, and construction of the missile. The OEM also has all necessary test laboratories, secured storage facilities, simulators, and mission and system support equipment used to test and support the weapon system. Manufacturing and design of the Maverick missile is unique and requires knowledge of highly specialized procedures developed by the OEM. This acquisition will be a follow-on contract for continued support for a highly specialized service.

B. The Government does not have sufficient data or license rights to data to procure this requirement from sources other than RMS. RMS owns the intellectual property and data rights to the Maverick Weapon System (WS-319). The Maverick Systems Program Office (SPO) requested a ROM to purchase data rights (Unlimited, Government- Purpose, Limited, Operations, Maintenance, Installation, Training (OMIT) data) from RMS on 19 February 2015. RMS declined to submit a ROM or entertain the option of selling the data rights for the Maverick Weapon System.

C. The SPO believes an award to any other source would result in substantial duplication of cost to the government that is not expected to be recovered through competition. The cost to develop a Precision Guided Munition with the same capability as the Maverick missile would exceed that of the Joint Direct Attack Munition (JDAM) Research, Development, Test and Evaluation (RDT&E) cost which was reported in 1995 as (the technical complexity of the Maverick missile exceeds that of the JDAM). As an Air-to-Ground missile, Maverick missile development cost would include design and testing of two warheads and a rocket motor in combination with an electro-optical charge coupled device or infrared seeker. None of which were included in development of the JDAM. The JDAM is a guidance kit that converts “dumb” bombs into all weather “smart” munitions. Because of the technical differences, the cost to develop a Precision Guided Missile would exceed the RDT&E cost of the JDAM weapon.

D. Accordingly, RMS is the only firm capable of providing the services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be recovered through competition.

VI. DESCRIPTION OR EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

A. Sources Sought Synopsis, seeking support for this requirement, reference number FD2020-15-50628, was issued on 5 March 2015.

B. Only KIHOMAC responded to the synopsis. KIHOMAC capabilities statement was reviewed, and the deficiencies verse the requirement were identified and discussed with the Contract Manager/Vice President CSG, KIHOMAC. KIHOMAC responded on 1 April 2015, and withdrew their interest in the requirement.

C. No other firm was identified as a potential source for this requirement. This requirement will be synopsized in FedBizOpps (FBO), as a notice of contract action IAW FAR 5.201. No other actions to report. No qualifying country source.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The cost of this acquisition will be determined fair and reasonable by the contracting officer. Actions anticipated to ensure reasonableness of the price will be accomplished with 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, as appropriate. Further actions 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 officer will obtain other than certified cost and pricing data IAW FAR Subpart 15.403.

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, market research IAW FAR Part 10 was conducted by synopsis of the proposed acquisition, advising industry of pending acquisition and soliciting inquiries from interested parties.

B. RMS was contacted in Dec 2008, Feb 2009, Feb 2010, Mar 2011, and again in Feb 2015. RMS is not willing to sell or release data rights to specific critical data to enable competition for this requirement. RMS is the only source that has the engineering process, specialized equipment, and data rights required to support the Weapon System Support (WSS) effort WS-319 A, B, D, E, F, G, H/K, and E2/L Maverick missile weapons system.

C. This is a unique and specialized task that demands an intimate knowledge of the entire Maverick missile system and its numerous components. An internet search resulted in no other companies that could perform this task. Internet sites queried were:

http://www.nsn.org,http://www.ihserc.com,http://www.business.gov and http://www.fbo.gov. A Google search for Maverick missile support was also conducted.

No other source was found. Raytheon is the OEM and the engineering authority for the Maverick missile. They have the system engineering and materials expertise and the unique equipment that will be required to resolve any problem that the SPO may have with the Maverick system. Raytheon is the only company qualified to do this task because of their systems engineering expertise and design authority for the Maverick missile system.

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

The Government does not have sufficient data or rights to the data that can be provided to foster competition of this requirement. The Maverick SPO will continue to perform Market research and continue to annually attempt to purchase the data rights necessary to be able to compete the requirement in the future.

XII. CONTRACTING OFFICER’S CERTIFICATION

IAW FAR 6.303-2(b)(12), the contracting officer’s signature on the Coordination and Approval Document (CAD) evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

IAW FAR 6.303-2(c), the technical and/or requirements personnel have signed the Coordination and Approval Document (CAD). This certifies that any supporting data contained herein, which is their responsibility, is both accurate and complete to the best of his/her knowledge and belief.