JA_Redacted.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

This Justification and Approval to request authority for Other Than Full and Open Competition supports requirements generated for Air Force Life Cycle Management Center, AFLCMC/WNYIB, Electronic Warfare and Avionics Division, Electronic Warfare FMS Program Office. The contracting authority for this requirement is Air Force Life Cycle Management Center, AFLCMC/WNKCB and Avionics Contracting Branch. The purchase request number supporting this contracting action is FD2060-14-30621

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 document using Other Than Full and Open Competition prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies and Services Will Satisfy Agency Requirements. This Justification and Approval (J&A) authorizes the use of other than full and open competition procedures to award a sole source Cost Plus Fixed Fee contract to BAE Systems, 95 Canal St. M/S NCA1-4165 Nashua, NH 03060, (CAGE 94117), Large Business for Post Production Support (PPS) of the Digital Electronic Warfare System (DEWS)/Common Missile Warning System (CMWS) Hot Bench Test Station and laboratory Line Replacement Units (LRUs)/Line Replacement Modules (LRMs). The DEWS/CMWS Hot Bench Test Station is required for Electronic Combat International Security Assistance Program (ECISAP) support of the DEWS/CMWS system which is uniquely installed on the new Royal Saudi Air Force (RSAF) F-15SA production and conversion aircraft. The DEWS system is also known as AN/ALQ-239. The CMWS system is also known as AN/AAR-57.

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

AGENCY’S NEEDS

This J&A covers a requirement for PPS to the DEWS/CMWS Hot Bench Test Station and laboratory LRUs and LRMs delivered to AFLCMC/WNYIE (Robins AFB) and 68 EWS (Eglin AFB) as defined in Performance Work Statement (PWS) required for ECISAP support for RSAF F-15SA production aircraft, FA8634-12-C-2651, and the modernization of RSAF F- 15S to the F-15SA configuration, FA8505-12-C-0001. This J&A also includes engineering software support to the Operational Flight Programmer (OFP), Mission Data File (MDF), and Mission Data File Generator (MDFG) related to the F-15SA Electronic Warfare (EW) program.

The PPS effort is needed to maintain the DEWS/CMWS Hot Bench Test Stations to the latest configuration and compatibility with final DEWS/CMWS hardware and software.

The period of performance for this effort will be Nov 2014 through Nov 2019. The value of this requirement is estimated at $2,000,000 based on a similar effort with the ALR-56C program and as indicated by available Letter of Offer and Acceptance (LOA) funding. An option, FAR 52.217-9, to extend the term of the contract to support OFP, MDF, and MDFG requirements will be included with an estimated value for the option of $4,000,000. The total funding requirement for this effort is $6,000,000. LOA-SRD-SAP , ECISAP Software Support, between the United States and the Government of Saudi Arabia is the source of funding for this proposed contract action.

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 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)

1. Foreign Military Sales The services covered by this J&A are a part of the largest Foreign Military Sale in U.S. history, under the RSAF F-15S Fleet Modernization Program (FMP) effort as described in the Defense Security Cooperation Agency notification to Congress, transmittal No. 10-43, dated October 20, 2010.

DEWS is a major system providing state-of-the-art Electronic Warfare (EW) capabilities to the newly designed RSAF F-15SA production aircraft. In 2009, Boeing conducted a source selection for a state-of-the-art EW system to be installed in the F-15SA. Boeing received competitive FFP proposals from BAE, ITT, Raytheon and Northrop Grumman. Boeing selected BAE based on performance and best value criteria. On 12 June 2010, the Kingdom of Saudi Arabia submitted a Letter of Request (LOR) for F-15SA aircraft to replace their current fleet for F-15C/D model fighters and to convert their current F-15S fleet of aircraft to the F-15SA configuration. This new production and conversion will result in a common, modernized F-15SA configured fleet. The LOR requested the production of F-15SA, Line , be sole source to Boeing with the DEWS identified as the EW suite for the new configuration. Three LOAs were signed 25 December 2011, SR-D-SAN, SR-D-SAP, and SR-D-SAI, for the Saudi modernization program. The production aircraft were included in SR-D-SAN, Line , to include the selected DEWS/CMWS system, and source directed to Boeing as the F-15SA manufacturer. On 8 Mar 2012, Saudi F-15SA Modernization Program Office awarded a UCA to Boeing, FA8634-12-C-2651, for the aircraft.

The Saudi F-15SA Modernization Conversion Program Office awarded to Boeing a UCA, FA8505- 12-C-0001, to convert RSAF F-15S aircraft to the new F-15SA configuration. LOA SR-D-SAP, Line , includes DEWS/CMWS kits, source directed to the Original Equipment Manufacturer (OEM) BAE, to be GFE to the F-15S to F-15SA conversion program. In addition to the GFE kits, Line source directed to BAE three Hot Mockup Benches for software support of the DEWS/CMWS system. The benches will be delivered to Eglin AFB for MDF development and sustainment, to BAE systems for software support and system acceptance testing, and to WNYIEA, Robins AFB, for system support and OFP sustainment. On 5April 2012, the EW FMS Program Office awarded a UCA, FA8540-12-C-0013, sole source to BAE for the DEWS kits, Hot Mockup Benches, and initial spares to be provided as GFE to the F-15S to F-15SA conversion program. On 20 September 2013, this contract was definitized with a period of performance of 5 April 2012 through 23 November 2018. LOA SR-D-SAI, Line , includes ECISAP services to support the DEWS/CMWS fleet. Support includes program services, engineering services, travel, facility use, EW Suite OFPs, and country specific MDFs. Efforts to support the Hot Mockup Benches delivered to Eglin AFB and Robins AFB, as well as OFP, MDF, and MDFG sustainment were included in the Pricing and Analysis (P&A) submission requesting funding for the ECISAP LOA line. This projected acquisition effort will procure the required engineering services needed to support future RSAF EW needs.

2.Highly Specialized Capabilities BAE Systems possesses the highly specialized capabilities, including the personnel, data and equipment necessary to design, manufacture, and deliver the DEWS system, including the Hot Bench Test Stations, in support of the RSAF F-15SA fleet. DEWS was specifically designed and developed to meet the RSAF defined performance parameters as the state-of-the-art solution for the RSAF Electronic Warfare (EW) needs. The system replaces four legacy EW systems with a single, fully integrated, digital EW suite which includes a Radar Warning Receiver, a Radar Jammer, Countermeasure Dispenser and Common Missile Warning System. System is unique to DEWS/CMWS and requires hardware integration to perform the designed functions.

EW features include optimization of Active Electronically Scanned Array (AESA) radar, precision emitter geolocation, integrated ALE-47 chaff and flare dispensing, and digital receiver measurements. The Eglin AFB and Robins AFB Hot Bench Test Stations and laboratory LRUs and LRMs will be used for development and sustainment of Mission Data Files (MDFs) and Operational Flight Programs (OFPs) in accordance with IC-1 of AFMAN 16-101, International Affairs and Security Assistance Management, 16 March 2009.

3. Substantial Duplication of Cost Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. As the DEWS/CMWS system and Hot Bench Test Station sole developer and producer, as directed by the FMS customer, BAE Systems owns the proprietary data rights to the DEWS/CMWS system. There are no commercial product sheets, test data, qualification data, support manuals, or related data that defines the performance and manufacturing characteristic of the product required other than the proprietary BAE Systems data. A request for the data availability and associated costs to the USAF was made on 24 June 2013. BAE indicated that data required to reproduce the required assets is not available to the USAF and provided no associated costs in their 26 June 2013 response. The AFLCMC/WWQ program has incurred Non Recurring Engineering (NRE) costs totaling . To develop a new source for DEWS and the Hot Bench Test Stations it is anticipated that much of these NRE costs would be applicable to this procurement. The LOA requirement for ECISAP support is limited to the funding available, which does not include funding for reproducible data required for PPS of the Hot Bench Test Stations and associated laboratory LRUs and LRMs.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

This requirement has been synopsized in the Federal Business Opportunities web page as required by FAR 5.201.

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 to support the government’s evaluation of the proposed cost. Support prices will be negotiated by the government based on recommendations from the Defense Contract Audit Agency (DCAA) and Defense Contract Management Agency (DCMA). 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.

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 Jan 2014 pursuant to FAR Part 10.001 and 10.002 by AFLCMC/WNYIEA engineering and AFLCMC/WNYIAB program management.

The primary Market Research techniques used were internet research (www.google.com, www.Sam.gov.) and a vendor survey. These techniques were used to identify if any system variants of the DEWS/CMWS were developed, produced, or supported by other vendors. This search revealed no variants, producers, or supporters. The internet search revealed two vendors, Boeing and BAE systems. Boeing is the prime vendor for the F-15SA aircraft being sold to the KSA. BAE systems was the selected source for the F-15SA EW system. Also, AFLCMC/WNYI FMS EW Branch and ECISAP are the EW leader in program knowledge and experience in relation to these systems and their subsequent procurements. This expertise was thoroughly surveyed in relation to F-15 EW Systems.

BAE Systems is the original designer and manufacturer of the DEWS, CMWS, and hot bench test station. The Government does not own the data required to fulfill this requirement. BAE Systems is the only source that has the capability to support the DEWS, CMWS, and hot bench test station because BAE Systems is the only source that possesses all of the data that is required to support this effort. Official recommendation is to purchase these services through BAE Systems in Nashua, NH.

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

OPEN COMPETITION

None.

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

ACQUISITION

See Section VI above.

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

It is not anticipated that further spares acquisitions will be required through the LOA Period of Performance (PoP) ending Aug 2021. The required spares are all repairable assets and will be included in a Repair and Return contracting effort scheduled for award February 2015.

The Contractor has advised that they do not intend to offer a technical data package for sale to the Government at this time. Additionally, . With the current unavailability of procurement data, reverse engineering efforts would be required for future acquisitions if the Kingdom of Saudi Arabia authorizes funding under a new LOA. The Electronic Warfare FMS Program Office will engage with the Saudi customer to discuss the need for an established requirement to procure the TDP, at the next scheduled program review. At such time, the RSAF will be provided the appropriate cost and schedule data to determine if developing additional spares sources through reverse engineering efforts is a viable option. If the customer establishes a valid requirement, the government will solicit the contractor again.

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(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)).