LADO_J&A_Redacted.pdf

FOR OFFICIAL USE ONLY

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

FOR OFFICIAL USE ONLY 14 Nov 2017 Page 1 of 6

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

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

Contracting Activity: AFSC OL:H/PZIMC

Purchase Request / Local ID Number: TBD

Program / Project (and PE, if applicable): Launch and Early Orbit Anomaly Resolution and Disposal Operation (LADO)

Program Type (PEO or Other Contracting): Other Contracting

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) ) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

X

APPROVAL (AFFARS 5306 . 304 ( a) )

Date

07 May 2018

PEO / Head of Procuring Activity / Designated Alternate

Anthony J Baumann, SES, DAF

Director of Contracting, AFSC/PK, Signature

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.

Sign and Save Procedure

Date

20 Mar 2018

Project Lead / Program Mgr / Requiring Activity

Taylor Van Buren

AFSC OO‐ALC/OBC /

22 Mar 2018

Contracting Officer

Andrea Bean

AFSC OL:H/PZIMC /

03 Apr 2018

Local Legal Reviewer

Michael Bassett

AFSC 75 ABW/JA /

12 Apr 2018

Acting Chief of the Contracting Office (COCO)

Rochelle D. Smith, Lt Col, USAF

AFSC OL:H/PZI /

25 Apr 2018

Competition Advocate

Jonna L. Hancey

AFSC OL:H/PZC /

FOR OFFICIAL USE ONLY 14 Nov 2017 Page 2 of 6

I. Contracting Activity.

Justification for Other Than Full an Open Competition

United States Air Force AFSC/PZIMC

6038 Aspen Avenue, Bldg 1289 Hill AFB UT

84056‐5805

Contracting Officer: Andrea Bean

DSN:

PR Number: TBD (FY19); Letter of Intent for solicitation

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

A. In Dec 2012, Braxton Technologies was awarded a sole‐source contract to support Launch and Early Orbit, Anomaly

Resolution, and Disposal Operations (LADO) on contract number FA8224‐13‐C‐0011. Again, in Sep 2017, the

Government awarded a bridge contract, FA8224‐17‐C‐0029, to Braxton in order to avoid a gap in service until this

LADO Follow‐On Sustainment contract is awarded. The period of performance for the bridge contract is a 5 month base with a 7 month option. It also includes the extension of services clause (FAR 52.217‐8) for an additional 6 months if needed. Upon approval to use other than full and open competition procedures, the Air Force will issue a new follow‐ on Indefinite Delivery Indefinite Quantity (IDIQ) contract for engineering services for tasks that are needed in support of LADO software as identified in section III below. The contractor for this effort will be:

Braxton Technologies

6 N Tejon St STE 220

Colorado Springs CO 80903‐1500

CAGE Code: 54LS7

The contractor is a Large Business.

B. Estimated Value:

Contract Type and Structure: A single IDIQ contract will be awarded with predominantly Firm Fixed Price (FFP) Contract

Line Item Numbers (CLINs) for engineering support, documentation and licenses costs. Cost Reimbursable No Fee

(CRNF) CLINs will be for travel and material costs.

Estimated Date of Award: 30 Nov 2018

This will be an IDIQ with a 6‐year ordering period and a one year period of performance after the last task order is awarded, resulting in a potential 7‐year period of performance. This contract also includes the extension of services clause (FAR Clause 52.217‐8), which will allow for the extension of services up to 6‐months. The overall contract has the potential to be a 6‐year and 6‐month contract with a potential for a 7‐year and 6‐month period of performance.

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

A. Under the proposed contract, the contractor shall be required to provide the LADO software sustainment support, which include software and hardware upgrades/modifications, documentation support to include Technical Orders & Engineering Drawings, Global Positioning System (GPS) satellite anomaly support, engineering/database administrator support, software and hardware integration, changes to the enterprise architecture, purchase material required (software licenses/hardware/maintenance agreements, etc.) for sustainment, and test support for LADO. All software

FOR OFFICIAL USE ONLY 14 Nov 2017 Page 3 of 6 upgrades will be integrated into the operational baseline by OO‐ALC organic depot (SMXG) personnel. In addition to the above, the contractor will be required to support the following efforts: material procurement, cyber‐security (hardware and software upgrades), hardware and software licenses, GPS III, The Next Generation Operational Control System (OCX) integration, Space Enterprise Integration/Modification, technology enhancements, cryptography, ground segment integration, Surge Support, and operating system upgrades.

B. This acquisition will use Consolidated Sustainment Activity Group (CSAG) 4930 funding.

C. The Government anticipates awarding the LADO Follow‐on Sustainment contract with the ordering period beginning 1 Dec 2018 and ending 30 Nov 2024. This follow‐on sustainment contract includes a basic one year ordering period with five option ordering periods. This contract also includes the FAR Clause 52.217‐8, Option to Extend Services, which will be evaluated at receipt of proposals. The FAR Clause may be exercised utilizing unilateral authority to extend services based upon continued need and funds availability. The estimated contract value is .

Fiscal year breakout ranging from over the 6‐year ordering period. This also includes an estimate of for 52.217‐8 for the Option to Extend Services clause (up to six months).

D. Listed below are anticipated CLINs for this action.

CLIN Description Cost Type Unit

X001 Engineering Support FFP Month

X002 Documentation (Labor) FFP Month

X003 Licenses FFP Lot

X004 Travel CRNF Lot

X005 Material CRNF Lot

X006 CDRLs NSP Lot

E. Approval request is for more than one fiscal year as there are no feasible actions that can be taken to promote competition during the period of performance of this contract.

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

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302‐1(a)(2)(iii), Only One Responsible Source

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. GPS is a major weapon system. The LADO system compliments the existing GPS control segment software suites.

Technology changes in cyber‐security, GPS constellation technology and space infrastructure enterprise changes, will create a dynamic operational environment that could affect the current acquisition requirement and any projected life cycle sustainment efforts. This acquisition includes projected life‐cycle, technology insertion and improved cyber‐ security opportunities. This highly specialized software took more than a decade to construct and has approximately 2 million lines of source code, making this a highly specialized equipment/service. Braxton Technologies LLC is the prime contractor that maintains the Telemetry, Tracking and Commanding (TT&C) and Simulator software and the restricted element measures about half a million lines of code. Braxton's restricted software used in the TT&C suite and Simulator are: AceVS, AceWLS, AceTWS, AceCDT, AceCPB, AceDBE, AceMenu, AceTS, AceTWT, AceAdmin, AceRM, AceFCM , FOR OFFICIAL USE ONLY 14 Nov 2017 Page 4 of 6

AceADE, AceSIM, AceSIU, AceCIU, AceTWG, AceKGC, and AceKil7C.

B. Braxton's proprietary software (e.g. source code) is asserted as restricted rights to the Government. Braxton's executable software, without any source code, was delivered for operational use, subject to Braxton's "End User Maintenance and License Agreement." that stipulated that " ... Customer shall have no right to any source code for the software. Customer agrees that it shall not cause or permit the modification, disassembly, de‐compilation, or reverse engineering of the software, or otherwise attempt to gain access to the source code to the software..." Prior to 2012, Braxton was performing software sustainment on its software as a subcontractor to Boeing, and per license agreement has been delivering only the executable codes needed for modification of its software. Braxton's software license also states that "Braxton owned intellectual property will not be provided to outside vendors for maintenance of LADO after the expiration of the current OPS OCS Contract." Braxton's licensing agreement makes it impossible for any other contractor to maintain Braxton developed T&TC and Simulator portion of the LADO software. The government does not possess any data rights to the source code.

The 309 SMXG requested a quote on 20 Dec 2016 from Braxton and asked if they would be willing to sell license rights to their proprietary data. Braxton offered a general estimated quote on 24 Jan 2017 outlining they would be willing to sell license rights for . Braxton's knowledge and experience enables them to support the mission with a minimal set of 8‐12 key personnel and reach‐back to their core team of experts. If this were a full organic mission, the model that the 309 SMXG applies to software sustainment transition estimates the manpower requirements of one programmer per 60‐80,000 lines of code based on complexity. Using this algorithm, it would take 25‐30 personnel to develop the expertise needed to sustain 1.8 million lines of code. The transition model for this type of effort requires a three‐five year period to gain the knowledge and expertise of the system required to assume full sustainment responsibility. The organic depot transition model will also require a three year support contract to Braxton to adequately transition and phase‐out contractor support responsibility with organic depot personnel. Taking this all into account, fully organic costs would exceed for the same period of performance. The total estimated cost for this contract is Based upon the above analysis, the Government will not procure data rights to Braxton's proprietary data. Doing so would result in substantial costs not expected to be recovered through competition or transition to a fully organic capability. When the government replaces LADO with OCX, the Government will own the data rights to OCX, thus buying the data rights to LADO would not be in the best interest of the government.

Accordingly, Braxton Technologies is the only firm capable of providing the supplies and 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.

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

On 6 Dec 2016, the Contracting Officer posted a Sources Sought Synopsis (SSS) for solicitation number FA8224‐17‐ R‐0017 to the Government wide Point of Entry (Federal Business Opportunities (FBO), www.fbo.gov), in accordance with the provisions of Federal Acquisition Regulation (FAR) § 6.302‐1(d)(2). The SSS described the LADO history, the LADO function, and the number of lines of LADO software code that the incumbent holds proprietary data rights to. a.i.

Solutions Inc. and Braxton Technologies (incumbent) responded to the SSS for solicitation number FA8224‐17‐R‐0017.

However, based on Braxton's proprietary data rights, they are the only vendor fully capable of performing the requirements outlined in this effort.

On 1 Feb 2018, the Contracting Officer posted another SSS for solicitation number FA8224‐18‐R‐0028 to FBO, in accordance with the provisions of FAR § 6.302‐1(d)(2). The SSS described the LADO history, the LADO function, the additional scope, and the number of lines of LADO software code that the incumbent holds proprietary data rights to. Braxton Technologies, the incumbent, was the only vendor who responded to the SSS. Based on Braxton's proprietary data rights, they are the only vendor fully capable of performing the requirements outlined in this effort.

Other Actions: Additional market research included internet searches, discussions with subject matter industry experts, operational users, and the GPS program office. While there were multiple vendors that could be considered partially capable due to their software development experience supporting space weapon systems, the Government determined from this research that no other vendor, besides Braxton Technologies, is considered fully capable of performing the requirements outlined in this effort based on the proprietary data rights Braxton holds.

FOR OFFICIAL USE ONLY 14 Nov 2017 Page 5 of 6

Qualifying Country Sources: None

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 responsible Contracting Officer. Actions anticipated to ensure reasonableness of the price will be accomplished with the procedures and criteria contained in the FAR under Parts 30 ‐ Cost Accounting Standards, 31 ‐ Contract Cost Principles and Procedures, and Subpart 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. Detailed documentation and justification of price reasonableness will be disclosed in the official final Price Negotiation Memorandum (PNM), to be prepared upon completion of negotiations.

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

On 6 Dec 2016, the Contracting Officer posted a SSS for solicitation number FA8224‐17‐R‐0017 to FBO.

Responses: a.i. Solutions Inc. and Braxton Technologies (incumbent) responded to the SSS.

a.i. Solutions, from 2003 to 2005, developed the Mission Planning element of the GPS LADO ground system utilizing their FreeFlyer commercial off‐the‐shelf (COTS) software product as the core and providing configuration services to meet specific GPS LADO requirements. Developed and maintained exclusively by a.i. Solutions, FreeFlyer provides a powerful and proven flight dynamics calculation engine as a COTS integrated software for space mission planning operations, analysis, and design. a.i. Solutions has the expertise to test, implement, and install FreeFlyer COTS upgrades to the LADO software baseline; however, they do not possess the source code needed to support all the software required to support LADO. Therefore, a.i Solutions is only partially capable of performing the full tasks outlined in this acquisition.

On 1 Feb 2018, the Contracting Officer posted another SSS for solicitation number FA8224‐18‐R‐0028 to FBO.

Response: Braxton was the only respondent to the SSS. As the incumbent successfully executing LADO sustainment, Braxton is considered fully capable of performing the requirements outlined in this action. Further information regarding Braxton's capabilities is listed in section V.

This requirement will be synopsized on FBO, as a Notice of Contract Action IAW FAR 5.201. If other sources express interest as a result of this synopsis or other action, they will be listed in the official contract file. All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency.

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

None

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

None 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.

Prior to award LADO Sustainment contract issued Dec 2012, a replacement for LADO was being developed known as the OCX, by under government contract (FA8807‐10‐C‐0001), with a POP of 25 Feb 2010 to 31 Dec 2022. At the time of the first LADO sustainment contract award by the 309th SMXG, OCX was planned to be delivered in 2017

FOR OFFICIAL USE ONLY 14 Nov 2017 Page 6 of 6 with sustainment support continuing after delivery. However, due to multiple schedule delays, OCX is now planned to be delivered to the Government in 2022 (objective) or 2023 (threshold) with an expectation of another 18‐30 months to become fully operationally and complete Interim Contractor Support (ICS). Additionally, there is potential for OCX to be further delayed in its delivery to the Government. The reasons for the schedule delays includes the following: late recognition of the magnitude of information assurance work that was required, concurrent systems engineering that drove significant rework, inconsistent configuration management of the program baselines, immature software and a lack of automation across the program. Since the OCX contract is managed by another program office, the OCX delays are outside the control of the 517th SMXS/MXDPC. When OCX becomes operational, LADO will be decommissioned, retired from use and a sole‐source contract for LADO support will not be required anymore. Annually, before the exercise of each option, a request will be sent to Braxton for the sale of data rights. The price will be evaluated to determine whether or not purchasing will be beneficial to the Government and assist in obtaining future competition for this requirement. LADO engineering support is in sunset phase; therefore, the purchase of the data rights might not be in the best interest of the Government. Once OCX is fielded and operationally accepted, the GPS Directorate plans to competitively award a sustainment contract for the OCX requirement. The 309th SMXG will not be responsible for any future OCX sustainment contract actions.

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

Remove the Guidance pages below. Remove the IACR pages below.