RSL_DESSC_J A_Redacted.pdf

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

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.

Choose the funding level for this J&A Document:

Contracting Activity: AFLCMC/WWMK

Purchase Request / Local ID Number: TBD

Program / Project (and PE, if applicable): F-16 Diagnostic Engine Start System Controller (DESSC)

Program Type (PEO or Other Contracting): Other PEO

Authority (include full title): 10 U.S.C. 2304 (c)(1), as implemented by FAR 6.302-1

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

02 May 2015

Contracting Officer

Signature

Date

02 May 2015

Project Lead / Program Mgr / Requiring Activity

APPROVAL (AFFARS 5306.304(a) )

Date Contracting Officer

I. Contracting Activity.

United States Air Force

AFLCMC/WWMK

6072 Fir Ave, Bldg 1233 Hill AFB UT 84056-5825 Contracting Officer:

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 contract to purchase the F-16 Diagnostic Engine Start System Controller (DESSC) Data Browser software and Government data rights to be compatible with 64-bit operating systems. This requirement is for support of the F-16 Engine Start System (ESS). The contract will be issued to:

RSL Electronics USA, Inc.

70 Round Hill RD

Poughkeepsie, NY 12603

CAGE Code: 0WKM4

B. Contract Type & Structure: The Air Force will issue a Firm-Fixed-Price (FFP) contract to purchase the F-16 DESSC Data Browser software, Government data rights to be compatible with 64-bit operating systems, and cyber security package. The estimated award date is 30 September 2016 with performance and delivery expected through September 2017.

C. Estimated Contract Value:

D. Type J&A: Individual

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

A. Under the contemplated contract, RSL will provide all of the required services, to include, Government data rights to make the F-16 DESSC Data Browser software compatible with 64-bit operating systems and a cyber security package.

B. The estimated Period of Performance (PoP) will be twelve (12) months after the date of contract award.

This PoP is required to encompass all contract deliverables.

C. Total Estimated Cost: This estimate is based on Rough Order of Magnitude (ROM) pricing provided by RSL, and will be funded using appropriated procurement funds (SERP).

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.

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 data rights for the RSL DESSC equipment and Data Browser software are proprietary to RSL and cannot be replicated by another source. The RSL software was not developed at the Government's expense and is proprietary solely to RSL. Prior to the development of the DESSC, the capability had not existed and thus the branded product is the only suitable option to meet the needs of the warfighter. Communications have been ongoing with RSL to obtain the data rights and the company has agreed to provide Government Purpose Data Rights as part of this contract.

B. Accordingly, RSL Electronics USA, Inc. is the only company capable of providing the software described in Section III. The above authority was selected because this contract is for software and Government data rights to sustain the efforts of troubleshooting and tracking the engine start system on the F-16 aircraft. RSL is the only contractor capable of providing the software revision for the F-16 DESSC as they also manufacture the DESSC that the Government is currently using on the F-16. RSL owns the proprietary data to provide the revision software; hence the Government does not require a new system.

C. The F-16 System Program Office (SPO) believes that award to another source would result in substantial duplication cost to the Government that is not expected to be recoverable through competition and would result in unacceptable delays in fulfilling the Air Force's 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 the Federal Business Opportunities (FBO) website on 9 December 2015. The closing date was 8 January 2016. This sources sought synopsis specified the Government does not own the data rights for the RSL DESSC and related software and is not interested in funding a reverse engineering effort. The Government did not receive any responses to the sources sought synopsis.

B. This requirement will be synopsized in FBO 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

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

The Contracting Officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) Part 30 - Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, and Subpart 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 officer will obtain data other than certified cost and pricing data IAW FAR Subpart 15.403.

Additionally, a Price Negotiation Memorandum (PNM) will be prepared upon completion of negotiations to detail documentation and justification of price reasonableness.

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

A. Market research was conducted by AFLCMC/WWMB, in accordance with FAR Part 10. As described in Section VI above, market research was conducted by posting a sources sought synopsis for the proposed acquisition, advising industry of the pending acquisition, and soliciting inquiries from interested parties. As a result of these efforts, it was determined that RSL was the only entity capable of delivering the required upgrades to the DESSC Data Browser software and no alternate sources or substitutions exist that can meet the Government's need. IAW FAR Part 10, engineering has determined there are no commercial items or non-developmental items available that could be modified to satisfy the agency's needs.

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.

As part of this acquisition, the Government will be procuring the necessary Data Rights to allow Tinker AFB to provide future organic sustainment.

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.