LAK_5-year_JA_Redacted.pdf
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- Engineering Services for Link 16 Alaska Federal contract opportunity
- Solicitation number
- FA8540-14-R-30853
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JUSTIFICATION FOR OTHER THAN
FULL AND OPEN COMPETITION
I. CONTRACTING ACTIVITY
This is the Justification for Other Than Full and Open Competition. Air Force Life Cycle Management Center, Electronic Warfare and Avionics Division, Common Avionics Program Office (AFLCMC/WNYBBC) is the organizational activity responsible for this proposed contracting action. The contracting activity for this requirement is Air Force Life Cycle Management Center, Electronic Warfare and Avionics Contracting Branch (AFLCMC/WNKC).
The purchase request number supporting this contracting action is FD2060-14-30853.
II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED
Due to the circumstances described herein, the activity requests authority to acquire the services listed in this documents using Other Than Full and Open Competition prescribed by FAR 6.302- 1(a) (2) (iii) (B), Only One Responsible Source and No Other Supplies and Services will satisfy Agency Requirements. This Individual Justification and Approval (J&A) authorizes the use of other than full and open competition procedures to award a sole source Firm-Fixed-Price (FFP) to ProLogic, Inc., 9400 Innovation Dr., Manassas, VA 20110, Cage 3BZM4. Link-16 Alaska (LAK) is a remotely managed ground entry point system, with entry points through the Alaskan Area of Responsibility (AOR). It provides digital, jam-resistant, and secure Link-16 communications in support of the Alaskan North American Aerospace Defense Command (NORAD) Region (ANR) supporting both Air Defense and Homeland Defense. This acquisition is for a new FFP follow-on sustainment services-based contract to provide Contractor Logistics Support (CLS) for the Link-16 Alaska (LAK) system for a 12-month period of performance with four (4) one (1) year options.
The total expected life of this program is through fiscal year 2020.
III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE
AGENCY'S NEEDS
The purpose of this effort is to award a one-year basic ordering period plus four one-year options for a CLS contract for LAK. Tasks shall include, but are not limited to the following: hardware repair services, engineering services, software repair and updates, logistics, Information Assurance (IA), technical orders (TOs) and technical data/document support (drawings, Technical Orders (TOs), provisioning), Subject Matter Expert (SME) technical support, block cycle upgrade (including engineering, testing, training, and IA certification and accreditation) and other support as directed by the Government.
LAK is a non-commercial solution with Commercial off the Shelf (COTS) and Government off the Shelf (GOTS) hardware and software that has proven itself as an optimal solution to current Command, Control, Communications, Computers, Intelligence, Surveillance and Reconnaissance (C4ISR) tactical data transfer and remote crypto rekeying requirements in the rugged Alaskan topography and weather. LAK is unique in its ability to remotely key the crypto for the Link-16 terminals established over Alaska’s vast AOR.
LAK supports the ANR, Alaskan Command (ALCOM), and Joint Task Force (JTF)-AK command and control of air sovereignty, air defense, and homeland defense mission requirements to establish and maintain an Alaskan AOR communications infrastructure that is digital, jam-resistant, and secure using the Link-16 program through the 11th AF Joint Interface Control Cell (JICC). LAK is comprised of Ground Entry Points (GEPs) with Link-16 Multifunctional Information Distribution System Low Volume Terminals (MIDS LVT)-1, using ultra high frequency (UHF) radio frequency (RF) waveform, which provides the coverage necessary for the AOR.
Total estimated value of this effort is $30M:
The above chart is the Program Office’s estimated cost for the 5 year CLS derived from ProLogic, Inc.’s Rough Order of Magnitude (ROM) dated 21 Dec 2012. ProLogic, Inc. respectfully declined the opportunity to submit a ROM for a Data Package to support the Link-16Alaska (LAK) system AN/FSQ-228 Communications Control Set, 21 Mar 2014. 3400 O&M Funding will be used to support this effort during the out years.
IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN
COMPETITION
10 U.S.C. 2304 (c) (l) as implemented by FAR 6.302-1, Only One or a Limited Number of Responsible Sources, 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 agency's minimum needs can only be satisfied by the unique supplies and services available from only the above cited source that possesses unique capabilities demonstrated as follows:
1. Data Rights The purpose of the previous LAK contract FA8726-07-C-0010 was to produce a system of remotely managed Link-16 ground entry points throughout the Alaskan AOR. The LAK Technical Data Package (TDP) procured under that contract included both technical drawings and TOs.
ProLogic delivered technical drawings for the LAK TDP in accordance with contract requirements;
however, those contract requirements were not properly tailored or expressed and did not result in a suitable product for sustainment purposes. Prologic also delivered TOs for the LAK TDP, both Operator Manuals and Maintenance Manuals, in compliance with contract requirements; however, those contract requirements were not properly tailored or expressed and did not result in a suitable product for sustainment purposes. Therefore the Government does not own a current and complete data package for LAK system sustainment. A one-year, sole source Contractor Logistics Support (CLS) contract (FA8540-14-C-0005) for $1.155M, was awarded on 21 Nov 13 to provide repair services, Information Assurance, Organizational Maintenance TO, and SME support, and to attempt to remedy deficiencies with the LAK TDP. The vendor will deliver an Organizational Maintenance Manual as part of the current one-year CLS contract; estimated delivery date is Sept 2014. The contracting action we are pursuing under this J&A will further remedy deficiencies with the LAK TDP; it has specific requirements to provide a Production Level drawing package, Software System Administrative TO, Operational Handbook TO, provisioning data to catalog Line Replaceable Units (LRUs) and Secondary Repairable Units (SRUs). Once the Government accepts
FY15 (Basic) FY16 Option 1 FY17 Option 2 FY18 Option 3 FY19 Option 4
$5.1M $6.0M $6.4M $6.5M $6.0M the drawing package and verifies the TOs through these two contracting actions, the new LAK TDP will provide the Government with the capability to reprocure,support and sustain the system.
It should also be noted that Prologic, having over 10 years of experience maintaining and operating the LAK system deployed across the Alaskan NORAD Region, owns proprietary data rights to certain LRUs and software currently incorporated in the LAK system, and holds the original art work utilized in the previously delivered LAK TDP. Within the time frame of this five-year contracting action, the Government would like to replace the proprietary Remote Cryptographic Management System (RCMS) LRU with the CI-33 Remote Re-key (RRK) device.
The LRU replacement action will be accomplished through the 611th ACOMS, with an AF Form 1067 Modification Proposal, with an anticipated start date in 1st quarter FY16, and completion by 4th quarter FY17. As ProLogic owns the data rights to software/hardware for the RCMS, and MIDS Control Unit (MCU), the Government does not have all the data rights necessary to perform depot level maintenance on the software. Until a replacement for the RCMS and MCU is validated and a replacement for the MCU is developed, a sole source acquisition strategy is the only approach for this Contractor Logistics Support contract. Although the RCMS is produced by SeaLevel Systems (CAGE 0NLW9), ProLogic provided the requirements and contracted exclusive purchasing rights from the manufacturer. Due to the age of the technology currently used, including Windows XP, there are Diminishing Manufacturing Source (DMS) issues and Information Assurance issues. The MCU is used to control discrete signals (the form in which signals are recorded, communicated or displayed, representing both time and amplitude in a format required by digital computers) for the MIDS LVT radio. This provides a unique voice over tactical data link capability the user has identified as crucial to their mission; no known replacement for the MCU includes the voice capability.
2. Unacceptable Delays The time it would take a new contractor to reverse engineer the LAK system and TDP would be prohibitive, because the Government does not have expressed rights to the software data and an incomplete TDP,. It would take a new contractor a minimum of to years to complete the re-engineering effort, the development and operational testing and complete the information assurance requirements to obtain an Authorization To Operate (ATO) the system. This time estimate is based on the LAK system engineer’s experience with this system in determining the time it would take to do new research and development on the system, qualification testing, and fielding of new hardware and software. Additionally, the locations of the system sites in Alaska and weather conditions would most probably cause further delays. Such delays would prevent the fighter pilots assigned to homeland defense missions from receiving timely threat aircraft data, which could prevent them from targeting threat aircraft before the threat aircraft is able to execute its mission. Accepting these delays would not only be a high risk strategy, it would delay deliveries to the ANR and Homeland Defense by at least two years. Unacceptable delays of that magnitude would impact national security
b. Substantial Duplication of Cost The Government would incur costs of over $ M to reengineer a form fit and function for the RCMS and MCU that would not be recoverable through competition when current repair costs for a single LRU is approximately $3,000. This cost estimate is based on additional research and development, qualification testing, travel costs to install new equipment in the Alaska area, and fielding of new hardware and software for the system. The repair cost of the LRUs is based on a firm fixed priced Purchase Order (PO) and pricing on the current one-year CLS contract in place with ProLogic.
c. For the above reasons, ProLogic is the only source capable of providing the supplies and services described in section III above without the U.S. Air Force experiencing unacceptable delays and substantial duplication of costs in fulfilling its requirements.
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 as required by FAR 5.201 citing conditions which preclude Full and Open Competition. Sources having an interest in subcontracting may be identified through synopsis.
VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE
ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE
The overall cost of this acquisition will be fair and reasonable to the government. In accordance with FAR 15.403-4, the contractor will be required to provide certified cost or pricing data to be used supporting the government's evaluation of the proposed cost. The proposed skill mix of labor, labor hours, types and quantities of material and other direct costs, and direct and indirect rates will be negotiated by the government based on recommendations from the Defense Contract Audit Agency and expert technical personnel supporting the program. The contract price will be negotiated in accordance with the procedures in FAR Part 15 ensuring the ultimate cost to the government is 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 was conducted in Aug 2013 in accordance with FAR Part 10. Internet search methods were used. Results from searches on System for Award Management (SAM) using NAICS Code 541330 with keywords “tactical data link”, “link 16”, “SATCOM”, “LMS-MT” and “remote cryptographic rekeying” returned no other company. A Small Business Administration (SBA) search was also conducted using the same NAICS Code and keywords.
The Small Business Search returned 29 companies. Only 4 of these 29 companies were deemed capable of accomplishing about 10-20% of the task required by this contract while the remaining 25 were deemed non-capable. The search resulted in no additional sources with the required capabilities identified to successfully support the sustainment effort for the LAK system.
Based on the market research, there are no companies capable of performing the CLS effort other than the OEM, ProLogic. ProLogic is the only source with the capability, knowledge, and expertise to perform the CLS effort. They are the only responsible source with the knowledge to develop a technical data package and the knowledge needed to perform the CLS software effort.
ProLogic is the only source of manufacture and repair for the LAK system.
IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND
OPEN COMPETITION
The Government did not purchase a complete reprocurement package under the original production contract, so ProLogic maintains the data rights to software/hardware. ProLogic was asked to provide a cost for purchasing a reprocurement package for RCMS and MCU on 4 Apr 2013. Ultra Electronics ProLogic (UPL), known now as ProLogic. stated on 15 Apr 2013 that they decline to submit a ROM. ProLogic was asked again on 28 Feb 2014, and again they replied, on 5 Mar 2014, that they decline to submit a ROM.
X. LIST OF SOURCES THAT EXPRESSED INTEREST IN THE ACQUISITION
See Section VI above.
XI. STATEMENT OF THE ACTIONS THE AGENCY MAY TAKE TO REMOVE OR
OVERCOME ANY BARRIERS TO COMPETITION BEFORE MAKING SUBSEQUENT
ACQUISITIONS FOR THE SUPPLIES OR SERVICES REQUIRED
The LRU’s (Hardware) in the system have depot repair capabilities established and will be supported by the Air Force Sustainment Command (AFSC) at the end of our contract. Since this effort will include Options, the LAK Program Office will not exercise the applicable contract CLINs, as we develop our capabilities.
ProLogic developed the system, and remains the only company that has the knowledge, facilities equipment, and personnel to satisfy the government needs for sustainment of the LAK system.
To overcome the barriers which forced a non-competitive situation, the Government contracted with ProLogic to deliver an Organizational Maintenance Manual under the current CLS contract (FA8540-14-C-0005). The Organizational Maintenance Manual is part of the TDP. Additionally, the Government, through this contracting action, will complete the production drawings, Software System Administrative TO, Operational Handbook T.O, and provisioning, to AF specification.
These two contracting actions will complete the TDP that is required to reprocure and support/sustain the system in the future. Furthermore, the user (611th ALCOM) has budgeted funds for FY17 to remove the dependency on ProLogic for the RCMS. The 611th ALCOM is submitting an AF Form 1067 (Modification Proposal) to replace the RCMS with the CI-33 RRK device. The RRK has passed ATO certification and is being fielded in a crypto modernization program for the radar systems within Alaska. The RRK is a Government effort, developed through Air Force Cryptologic Support Group (CPSG), Lackland AFB, TX. Lastly, the Government is in the process of developing a universal gateway software - Scalable Portable Integrated Data Router (SPIDR). SPIDR is intended to replace the operating system of the Gateway Manager server and is scheduled to be operational in FY16. The projected implementation of the SPIDR software into the LAK system will start in FY15 and be completed in FY16. SPIDR will replace 70 percent of system operating software. The Air Force Depot Maintenance Source of Repair Assignment (DSOR) approved contract maintenance for hardware and organic software maintenance at WR-ALC, 25 Apr 2012. A Depot Maintenance Activation Working Group (DMAWG) was activated, 17 March 2014, at WR-ALC for software.
AFLCMC/HNA, AFLCMC/WNYBBC and WR-ALC/OBPA will work together to complete the
DMAWG process.
XII. CONTRACTING OFFICER'S CERTIFICATION
The contracting officer's signature on the Coordination and Approval Document evidences that he has determined this document to be both accurate and complete to the best of his knowledge and belief. (FAR 6.303-2(b) (12))
XIII. TECHNICAL REQUIREMENTS/PERSONNEL'S CERTIFICATION
As evidenced by their signatures on the Coordination and Approval Document, 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(c).
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