J&A_WINDS_SIGNED_Redacted.pdf

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

Security Marking (select from the drop-down list)

March 2018 Security Marking (select from the drop-down list) Page 1 of 5

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: OO-ALC/PZIMC

Purchase Request / Local ID Number: PR # TBD

Program / Project (and PE, if applicable): Weather Information Network Display System (WINDS)

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) )

Date

02 Nov 2018

Project Lead / Program Mgr / Requiring Activity Lan Vuu

516 SMXS/MXDPF DSN: 586-0151

Signature

Date

05 Nov 2018

Contracting Officer Andrea Bean

AFSC OL:H/PZIMC DSN: 777-0166

Signature

Date

05 Nov 2018

Local Legal Reviewer Michael Bassett

AFSC 75 ABW/JA DSN: 586-4191

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

08 Nov 2018

Alternate Competition Advocate Preston E. Davis

AFSC OL:H/PZCA/B DSN: 775-3837

Signature

March 2018 Security Marking (select from the drop-down list) Page 2 of 5

I. Contracting Activity.

United States Air Force

OO-ALC/PZIMC

6038 Aspen Ave, Bldg 1289 Hill AFB, UT 84056-5825 Contracting Officer: Andrea Bean, DSN 777-0166

PR#: TBD

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

A. Upon approval to use other than full and open competition, the United States Air Force (USAF) will issue a new, non-commercial contract as a follow-on to the existing two-year DESP III contract, FA8222-12-D-0013, competitively awarded on 27 Jan 2017 with performance through 10 January 2019, thereby continuing the Design and Engineering Support Program for Weather Information Network Display System (WINDS). The WINDS system records and displays weather information gathered at the Cape Canaveral Air Force Station (CCAFS) and the Kennedy Space Center (KSC).

The contract will be issued to:

KI HO MILITARY ACQUISITION CONSULTING, INC (Satellite Beach Division) 2100 Reston Parkway STE 310 Reston VA 20191-1256 CAGE Code: 3L2L3 The contractor is a Large Business.

KIHOMAC was considered a Small Business under the corresponding NAICS for the existing DESP III contract, but they are now considered a Large Business under the same NAICS due to their increase in sales. However, awarding to a Large Business is in the Government's best interest since the USAF's minimum needs can only be provided by

KIHOMAC.

B. This will be issued as a Firm Fixed Price (FFP) contract with Cost Reimbursable (CR) CLINS for incidental travel and materials.

C. Estimated Value: $

D. J&A Type: Individual

E. The Period of Performance (PoP) will be one year with the potential for a six-month extension IAW FAR 52.217-8.

F. Estimated Award Date: 20 December 2018.

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

A. This is a service contract.

B. The WINDS system collects weather data from instruments mounted on 32 towers and five customer sites located throughout the KSC and CCAFS space launch facilities. The weather data is processed and used as a key element in making the go/no-go decisions for all rocket launches on the Eastern range. Due to manufacture power supply defect issues, KIHOMAC was not able to complete installation and testing before the mandated DESP III contract ends on Jan 10, 2019. The contractor will continue and complete work previously started under the current DESP III contract, which was delayed due to the unforeseen power supply issues. Under the contemplated contract, KIHOMAC will install the updated power supply solution provided by the power supply manufacturer, complete Test Readiness Review (TRR), Qualification Test & Evaluation (QT&E), Functional configuration Audit (FCA), Physical Configuration Audit (PCA), and removal of the legacy instruments and complete the re-positioning of the new replacement instruments.

C. Obligations are estimated at $ for 12 months in support of an estimated 6,239 man-hours per year using buy-to-dollar CLINs as follows:

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CLIN Hours Funding

CLIN 0001 Labor, Engineering Services, (FFP) 6239 $

CLIN 0002 Travel, WINDS Support, (CR) $

CLIN 0003 Materials, Incidental Materials to Perform Work, (CR) $

CLIN 0004 Data, Contract Data Requirement Lists (CDRLs), (NSP)

CLIN 1001 Labor, Engineering Services, (FFP) 3120 $

CLIN 1002 Travel, WINDS Support, (CR) $

CLIN 1003 Materials, Incidental Materials to Perform Work, (CR) $

CLIN 1004 Data, Contract Data Requirement Lists (CDRLs), (NSP)

D. Contract Summary Year Quantity Estimated Dollars Estimated Period of Performance Basic 1 $ Jan 2019 - Jan 2020 Option 1 $ Jan 2020 - Jun 2020

E. All CLINS are funded with 3080 funding.

F. Because this effort is a follow-on with a PoP of only one year, it is not anticipated that competition will be feasible during the solicitation of this contract. Approval request is for more than one fiscal year. There are no feasible actions that can be taken to promote competition during the period of the acquisition as described in Section V of this document.

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

10 USC 2304(c), as implemented by FAR 6.302-1(a)(2) - The services required by the Government are available from only one responsible source, and no other type of service will satisfy the Government's requirements.

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 USAF's and CCAFS's minimum needs can only be provided by KIHOMAC because these are highly specialized services. They are highly specialized because of manufacturing knowledge, skills, equipment, diagnostic capabilities and software expertise. WINDS systems are manufactured and programed using KIHOMAC exclusive technical data.

The Government requested the price of this technical data in October 2018 to see if purchasing it was a viable option, and the contractor advised us that the data belongs to a subcontractor who declined to sell their technical data to the Government. Therefore, KIHOMAC is the only approved source that possesses the technical data and design familiarity required to evaluate and remedy systems hardware and software faults. Additionally KIHOMAC possesses all of the required facilities, manpower, equipment, suppliers, knowledge and experience to complete the required services without delay.

B. KIHOMAC's provided WINDS Technical Orders (TOs) and drawings are for cataloging purposes only. The United States Government (USG) has limited data rights, which are insufficient to support competition because the TOs and drawings are at 75% completion as of October 2018.

C. The 309th Software Maintenance Group (SMXG) believes that an award to any other source would result in substantial duplication of cost estimated to be $ million (2018) that is not expected to be recovered through competition. Additionally, the reverse engineering effort to set up a Launch Test System focused staff would result in unacceptable delays estimated to be a minimum of 18 months.

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D. Accordingly, KIHOMAC is the only firm capable of providing the engineering services described in Section III above, without which the USAF would experience substantial duplication of cost that are not expected to be recovered through competition and unacceptable delays in fulfilling requirements.

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

A. Sources Sought Synopsis: A sources sought synopsis was posted to FedBizOpps on 11 Oct 2018, under notice FA8224-18-R-6695, requesting installation and testing of the replacement WINDS equipment. The posting closed on 25 Oct 2018. No responses were received in response to this posting.

B. This requirement will be synopsized in FedBizOpps as a notice of proposed contract action IAW FAR 5.201. If other sources express interest as a result of this synopsis or other actions, they will be listed in the official contract file.

C. Other Actions: None

D. 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, and Subparts 15.4 - Contract Pricing, to include technical evaluations and audits, 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 certified cost and pricing data IAW FAR Subpart 15.403, 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 the 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 posting a sources sought synopsis of the proposed acquisition on FedBizOpps and reexamining previously considered companies. The Sources Sought was posted on 11 Oct 2018. No responses were received as a result of this posting.

Previous companies originally considered for this work were reevaluated, and neither were found to be capable of this work. The 309th SMXG examined and :

: provided a formal proposal during the DESP III Industry Day and is still a viable company today.

However, the company has been through a re-organization and lost key personnel. Based on an Internet search conducted in October 2018, the company does not have enough knowledge of the current WINDS design, which poses a significant risk to cost and schedule.

: has a sustainment contract with Space Missile Center on the legacy WINDS at the CCAFS. Based on an Internet search conducted in October 2018, the company does not have enough knowledge of the current WINDS design, which poses a significant risk to cost and schedule.

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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.

There were no responses to the Sources Sought Synopsis posted to FedBizOpps on 11 Oct 2018.

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 309th SMXG does not plan to procure WINDS commodities or services after the WINDS Replacement Program closes (est Oct 2019). Any future acquisitions will be solicited to the open market.

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.