JA_ LARS - Redacted.pdf

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

CUI

March 2023 CUI Page 4 of 6

-Make Military Grid Reference System the primary coordinate format.

- Give the operator the ability to input a SARSAT frequency, like SAR A and B with the rotary dial of numbers from 0-9 after the 406 decimal places. The addition of specific frequencies will no longer be required.

-Add the “encryption key” into the LARS memory. If LARS crashes or is turned off, operators will have ten (10) encryption keys to stay in the LARS memory.

- Messages will stay in memory for each survivor indefinitely, thereby eliminating the auto delete function once a message is viewed. This keeps the data from being lost forever.

The installation of the new software will be accomplished via CPIN by the Blue Suiters at each HC-130J home station as mission and operations tempo permit. The services and supplies needed to accomplish this effort include Non-recurring Engineering (NRE) efforts as well as technical design and manufacturing information needed to enable the software build/ modification.

Source code for the software is not available to the Government as it is proprietary to Cubic. An effort to reverse engineer, modify, reload, and test the software by another vendor would be cost/schedule prohibitive. The load/test capability development effort alone is estimated to cost based on similar efforts. The development tools owned by Cubic for modifying/sustaining the software are not owned by the Government, nor are they available to any other vendor. Another vendor would need the Cubic proprietary source code in order to perform the LARS V2.3 upgrade.

As the OEM/developer of the original LARS V2.3 software, Cubic is the only vendor capable to perform this logical follow-on effort to upgrade LARS V2.3.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

A Sources Sought (SS) / Request for Information (RFI) synopsis was posted to SAM.gov on 11 April 2023 with a response date of 15 May 2023 under Notice ID FA850923R0008. The SS/RFI requested responses from interested vendors that possess the expertise, capabilities, and experience to meet qualification requirements for this effort.

There were no responses received to the SS/RFI.

The requirement was synopsized in SAM.gov in accordance with FAR

5.201. It was anticipated that sources having an interest in

subcontracting would be identified through synopsis. Any source who responds to the Government because of this synopsis would be identified to the prime contractor as a potential subcontracting possibility.

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

Based upon (1) certified cost or pricing data provided in the offeror's proposal in accordance with FAR 15.403-4; (2) the program office or expert technical personnel analysis of the offeror's Basis of Estimates;

(3) inputs from the Defense Contract Management Agency, the contracting officer expects to determine the anticipated cost to the Government to be fair and reasonable.

March 2023 CUI Page 5 of 6

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

Market research was conducted 11 Apr 2023 to 15 May 2023 in accordance with FAR Part 10.001 and 10.002. The Market Research Report was completed on 13 Jul 2023. The market research techniques used are as follows:

A search was performed in the Small Business Administration (SBA) Dynamic Small Business System (DSBS) using key words “avionics design.” Four potential vendor were returned in the SBA DSBS search.

None of the vendor were shown to have experience in avionics design or access rights to the Cubic proprietary LARS V2.3 software, therefore were determined not capable.

A SS/RFI synopsis was posted to SAM.gov on 11 April 2023 under Notice ID FA850923R0008. No responses were received to the SS/RFI.

This requirement is for a military equipment unique service and does not meet the definition of a commercial effort.

The market research concluded Cubic is the only capable vendor qualified to perform the LARS V2.3 software upgrade.

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

None.

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

See Section V above.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The Government does not possess the technical data package (TDP) for the LARS Software. An inquiry for sell of the TDP was sent to Cubic on 31 July 2023. Cubic declined interest in selling the software TDP for the current and pending upgrade effort. The development of this software is a critical need, therefore is in the best interest of the Government to proceed with the acquisition less the rights to the technical data.

Cubic's decision not to sell the technical data rights to the Government is the primary obstacle for removing competitive barriers.

No actions are planned to remove or overcome barriers to competition.

The Government intends to retain Cubic for supply/services required for sustainment of the LARS Software through the lifecycle of the HC-130J projected to end in 2035.

March 2023 CUI Page 6 of 6

There was no prior J&A.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. 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.