(CUI)Justification_and_Approval(JA)_ECPFY25-26_Redacted.pdf

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

CUI

August 2023 CUI Page 7 of 9

Reflex, and programs. is the latest generation sensing system, and Reflex is a critical DCGS infrastructure component that provides connectivity from the ECP mission Management function to the sensor on the aircraft. Any disruption could have significant negative impacts on their progress and, ultimately their effectiveness. Changing vendors during a critical phase of development and testing could disrupt the progress of the ECP and programs. A new vendor would need time to become familiar with the programs and their specific requirements, which could delay progress and increase costs as stated above. Additionally, any changes to the development or testing processes could introduce new risks and uncertainties. It is important to maintain stability and continuity to ensure the success of these programs.

Accordingly, BAE is the only qualified vendor capable of providing requirements described in Section III without the USAF experiencing substantial duplication of up to not expected to be recovered through competition and unacceptable delay of a minimum of 18 months in fulfilling its requirements.

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.

An initial Sources Sought (SS) / Request for Information (RFI), Notice ID FA8527-23RFI-ECP, was posted on SAM.gov on 17 Oct 2022, with responses due by 18 Nov 2022. A subsequent update was posted on 20 Dec 2022 with responses due by 03 Jan 2023. The SS/RFI requested responses from interested vendors qualified to support this ECP effort. Response was received from the following interested vendors:

BAE Systems (the incumbent) (CAGE: 12436) Systems & Technology Research (STR) (CAGE: 65L89) Riverside Research (CAGE: 1G356) Expansia Group (CAGE: 705G5) Constant Technologies Inc (CAGE: 1MDG8)

All respondents were evaluated but only BAE was determined to be a capable vendor. The other vendors were determined not capable to meet the requirements for this effort.

The requirement will be synopsized in SAM.gov in accordance with FAR 5.201. It is anticipated that vendors having an interest in subcontracting may be identified through this synopsis. Any vendor who responds to the Government as a result of this synopsis will 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; (4) comparison to past actuals, the contracting officer expects to determine the anticipated cost to the Government to be fair and reasonable.

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 08 Aug 2022 through 03 Feb 2023 pursuant to FAR Part 10.001 and

10.002. The Market Research Report was completed on 03 Feb 2023 and revalidated on 26 August 2024.

August 2023 CUI Page 8 of 9

The market research techniques used were as follows:

As stated in Section V above, SS/RFI under Notice ID FA8527-23RFI-ECP was posted on SAM.gov on 17 Oct 2022, with responses due by 18 Nov 2022. A subsequent update was posted on 20 Dec 2022 with responses due by 03 Jan 2023. Five interested vendors responded, including the incumbent. All vendors were evaluated but BAE was the only vendor determined capable of fulfilling this requirement. Without the source code, it was determined that the vendors evaluated are not capable to fulfill this ECP effort.

Multiple Government databases were queried including the Federal Procurement Data - Next Generation, General Services Administration and Contractor Performance Assessment Reporting System to assess capabilities and develop a viable pool of authorized vendors. Market research documents under previous contracts were reviewed to verify requirements synchronized with potential vendor capabilities findings.

Government Subject Matter Experts were consulted to assess performance requirements and vendor historical performance assessments and on-time delivery capacity as they related to services offered and responsiveness to fast-paced development under the Scaled Agile Framework. Sources of known, like-products were also studied and consulted to assess historical deliveries under Government programs and to evaluate customer satisfaction with those sources and the services provided. As a result of these various queries and reviews, no additional sources were identified as capable to meet the requirements for this effort.

A Small Business Administration database query was performed using the various queries for terms relevant to ECP & It was determined that many small business vendors may be able to provide software development in the appropriate classification levels, but there was no indication of specialized knowledge of The key parameters of the queries used were North American Industry Classification System code 541511. The refinement of terms to Top Secret/Sensitive Compartmented Information resulted in 32 profiles to evaluate. Further refinement in the queries against ECP and returned zero results. In addition, the vendor survey did not identify any capable small businesses vendors, therefore there are no small business set-aside opportunities for this acquisition.

ECP capability bundle does not fit the definition of a commercial item as defined in FAR Part 2.101. This item is defined as military application only and is not customarily used by the general public or by non- Governmental entities. The Government required parts that meet an exact form, fit and function as determined by the specific mission.

The market research concluded BAE is the only vendor capable of fulfilling the Government's requirement.

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.

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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.

At this time, there is not a plan to remove or overcome barriers to competition due to the divesture of the U-2 and pending retirement of ECP.

The previous J&A states, “No actions will be taken to foster competition for future acquisition of the ECP and its software revisions as this venture is intended to achieve completion of the program and move ECP into sustainment phase, which will be competed openly. The SPO is taking the steps necessary to isolate the portions of ECP that are subject to restricted data rights and fully intend to compete ECP for sustainment.”

This J&A is for the continuation of the development, testing, integration, and fielding of the ECP to which there was no plan to remove barriers.

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.