SADL_JA.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

This justification & approval to request authority for other than full and open competition supports requirements generated for the Air Force Life Cycle Management Center, Electronic Warfare & Common Avionics Division, Airborne Communications Element (AFLCMC/WNYBBA), hereafter “program office”. The contracting authority for this requirement is the Air Force Life Cycle Management Center, Electronic Warfare & Common Avionics Division Contracting section (AFLCMC/WNKCB), hereafter “contracting”. The purchase request number supporting this contract action is FD2060-13-31150.

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

Due to the circumstances described below, the program office requests authority to acquire software maintenance services using other than full and open competition as prescribed in FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. This action will result in the award of a contract for a software maintenance services currently included in the expiring US Army contract W15P7T-06-D-N018. This anticipated contract action will consist of a basic period with a twelve month period of performance and will include four sequential options. Each individual option will consist of a twelve month period of performance. The help desk support services will be priced on a firm fixed price basis; all other software maintenance services will utilize the cost plus fixed fee contract type. This sole source requirement will be purchased from the following company:

Raytheon Corporation 1801 Hughes Dr.

Fullerton, CA Cage Code: 07KA5 Large Business Web Address: http://www.raytheon.com/

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

AGENCY’S NEEDS

The existing US Army contract covers procurement, retrofit, engineering services, repair, and upgrades related to the Situational Awareness Data Link (SADL) system for all services. The US Army has requested that all services pursue their own follow on contracting actions. As a result, the program office requires an software maintenance services contract to provide support for all SADL receiver transmitters currently fielded, and follow on types as may be fielded by the applicable program office. All items included have been screened and identified as sole source to the Raytheon Corporation. The AFMC 762 CRSAWs convey that the government has not procured the technical data package necessary for organic support of this requirement.

The following listing includes current SADL Receiver/Transmitters and associated equipment:

The current projected value of this effort is $2.473M annually, for a total estimated contract value of $12.365M.

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)

The agency's needs can only be satisfied by the unique source code and software tools available from the above cited source that possesses unique capabilities demonstrated as follows:

Raytheon Corporation designed and manufactured SADL. The system is military unique and is not considered commercial. As confirmed by market research, there are no non-developmental systems on the market that can provide an equivalent capability.

The contract efforts will be solicited under other than full and open competition to Raytheon.

Raytheon is the Original Equipment Manufacturer (OEM) for these National Stock Numbers (NSNs) and is the only source capable of providing the services identified in section III for the specific NSNs identified that meet the necessary minimum requirement. Therefore, this acquisition will be a follow-on contract for the continued development of specialized services for specialized software.

All NSNs included (See below table) in this effort have an AFMC Form 762 Contract Repair SAW (CRSAW) sheet which states a Repair Method Code (RMC) and Repair Method Suffix Code (RMSC) which indicates a sole source requirement to Raytheon Company exists.

R/T Designation

NSN RMC/RMSC RMC/RMSC Definition

RT-1719D 5820-01-501-7346 R3/D Repair for the second or subsequent time, directly from the actual manufacturer.

The data needed to compete contract repair is not physically available, it cannot be obtained economically, nor is it possible to draft adequate specifications or any other adequate, economical description of the repair of r a competitive solicitation. Therefore, because of proprietary data associated with this item, it would be difficult and not economically

RT-1720G 5820-01-514-1408 R3/D

RT-1915 5820-01-535-5436 R3/D

RT-1922 5820-01-541-3711 R3/D

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

Market research was conducted pursuant to FAR Part 10.001 and 10.002. Market Research documented in the Market Research Report dated 06 February 2013 by AFLCMC/WNYEDA engineers with input from the program office.

Specific market research with respect to this procurement was performed as documented in the report furnished in support of the J&A. The engineer conducted this research primarily through review of the procurement history for subject NSNs to identify if the Government had previously contracted for these requirements from a company other than Raytheon.

Market research for the previous contract relied primarily on screening results, reviews of procurement history, and interrogation of automated data processing systems performed at the time a firm requirement was identified. For this follow-on contract the same reviews have already been accomplished. The following additional market research efforts have been accomplished:

1. Multiple searches utilizing the SBA Quick Market Search tool.

2. Internet searches on item descriptions specific to the covered NSNs ranging from lower level components such as circuit card, power supply, and cable assembly to more complex assemblies; these queries were performed using multiple search engines to include, but not limited to, www.thomasregister.com, www.google.com, yahoo.com, and The Central Contractor Registration.

Finally, ongoing market surveillance continues through the monitoring of technical literature, discussion with other engineers, and attendance at expos for potential suppliers of the subject NSNs. No new sources for software maintenance have been identified as a result of this surveillance.

According to the Market Research Report, there are no companies currently poised to provide the necessary supplies and services for the NSNs identified above other than Raytheon. For each NSN, the source code is proprietary to Raytheon and is unable to be sourced to another company.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

The Government does not have the technical data required to provide software maintenance services through organic means. The Government contacted the Raytheon program manager by email on 27 Feb 2013 and Raytheon confirmed that they were unable to sell the required source code and software tools. A follow up conference with Raytheon personnel occurred on 26 Mar 2013. At that time the Raytheon program manager reiterated that a complete set of source code and software tools was not available for sale or licensure at the present time. He also stated that