J A_FBO_post.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

WR-ALC/GRWK

460 Richard Ray Blvd Suite 200 Robins AFB, GA 31098-1611

Organizational Activity: WR-ALC/GRWIA

Purchase Request Number: FD2060-12-32611

II. NATURE OF THE ACTION Due to the circumstances described below, this activity will acquire the following using Other Than Full and Open Competition (OTF&OC) procedures:

a. Source:

Cage Code: 28527 ITT/Exelis

77 River Road Clifton, NJ 07014

b. Requirement: Update ALQ-211(V)-4 and (V)-9 software

c. In support of: FMS countries with ALQ-211(V)-4 and (V)-9.

d. Type Requirements: FMS

e. Special features: One-Time Buy

f. Period of Performance: July 2012 – Jun 2013

III. DESCRIPTION OF REQUIREMENT

This effort is to procure engineering services for the AN/ALQ-211(V)-4 and (V)-9. The effort will be to provide upgrade of software for our FMS partners on the ALQ-211(V)-4 Radar Warning Receiver (RWR) and ALQ-211(V)-9 Pod.

The contractor will be required to develop and deliver a software update for ALQ-211(V)-4 and (V)-9 versions of the OFP

The upgrade will be to the Operational Flight Program (OFP), Mission Data File Generator (MDFG) for a Block 5.3 configuration. This upgrade will also update the software support equipment which includes the system test environment (STE) and the integrated diagnostic test (IDT).

The combination of the OFP and MDF provides a mission capable system.

The total estimate value of this acquisition is $2,297,467.00.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 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 THE AUTHORITY

CITED ABOVE

ITT/Exelis designed and developed the Advanced Integrated Defensive Electronic Warfare Suite ALQ-211(V)-4 and (V)-9 system for our FMS partners. This development has been source directed to ITT/Exelis by our FMS partners since inception of the development in 2001.

ITT/Exelis is the Original Equipment Manufacturer for the ALQ-211(V)-4 and (V)-9. Software source data for the (V)-4 does not belong to the Government and the source data for the (V)-9 has not been delivered to the Government. The contractor has agreed to provide the software source data on the (V)-9 for USG use; however it will not be available until Nov 2012. Even with source code, government engineers will not possess the knowledge or experience to make significant software changes. The contractor has not released their proprietary claims on the software to enable the USG to remove competitive barriers for the AIDEWS system.

While there are companies with RWR and/or Pod expertise, the absence of source data by the Government and the contractor’s proprietary claim prevents a competitive acquisition for this effort. The design and technical data information for the ALQ-211(V)-4 and (V)-9 are proprietary to ITT/Exelis. Only ITT/Exelis possesses the required technical data, and system design knowledge to produce the required software update.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

This requirement will be synopsized on the Federal Business Opportunities web page citing conditions which preclude F&OC.

VII.

The price of this acquisition will be fair and reasonable to the government. The contractor will be required to provide certified cost or pricing data to be used to support the government’s evaluation of the proposed cost. Rates will be negotiated by the government based on recommendations from the Defense Contract Audit Agency (DCAA). The contract price will be negotiated in accordance with the procedures in FAR Part 15 to ensure that the ultimate cost to the government is fair and reasonable.

DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

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

CONDUCTED

Market Research only identifies ITT/Exelis as a source for software development as they have proprietary rights to the system design and data for the ALQ-211(V)-4 and (V)-9 systems. This item is not available in the commercial marketplace because it has a military application only.

No item exists that can be customized, modified, or tailored to meet the requirement. No commercial sale of this item exists. Peer discussions and professional experience with Electronic Warfare pods and RWRS were used as the techniques to perform research for this acquisition.

Due to the absence of complete data by the Government, ITT/Exelis are the only qualified vendor to provide the required engineering services for this effort.

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

OPEN COMPETITION

Sole source is directed to ITT/Exelis on three of the six LOA lines being used for this software update. The remaining LOA lines -- line 074 in LOA PK-D-SAF, line 101 in LOA MU-D-SDC, and line 059 in LOA PL-D-SAC -- do not source direct the effort to ITT/Exelis, but do specify in the line and/or notes that this funding is to be used for OEM (Original Equipment Manufacturer) software support or Electronic Warfare software support. The OEM is ITT/Exelis. As a consequence this J&A is sought to be able to use funding from all six LOA lines.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

ACQUISITION

N/A

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

No other actions are planned to remove or overcome any barriers to competition. This system development and acquisition was source directed in FMS Letters of Offer and Acceptances. It is only installed on F-16 Block 50/52 aircraft procured by our FMS partners. This system is not fielded in the United States Air Force or any Department of Defense system. The 5 FMS countries who have procured AIDEWS are not interested in buying the data rights for USG use to remove competition barriers.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief (FAR 6.303-2(a)(12).

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the J&A signature page, the technical and/or requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete (FAR 6.303-2(b).