JA redacted.pdf

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

August 2023 Page 3 of 11

I. Agency and Contracting Activity.

Air Force Life Cycle Management Center (AFLCMC), Digital Directorate, Command and Control, Intelligence, Surveillance and Reconnaissance (C2ISR) Division (AFLCMC/HBG), Integrated Broadcast Service (IBS) (AFLCMC/HBGHI). The contracting activity responsible for this acquisition is AFLCMC/HBKA, Robins Air Force Base (AFB), GA.

II. Nature and/or description of the action being approved.

Due to the circumstances described herein, the activity requests authority to acquire performance-based system and software engineering services and hardware maintenance to sustain and modernize the Integrated Broadcast Service (IBS) under authority of a Class Justification and Approval (J&A) using Other Than Full and Open Competition in accordance with FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This action will result in award of a 5-year Indefinite Delivery Indefinite Quantity (IDIQ) contract, with a 3-year base ordering period, two 1-year options, and inclusion of FAR 52.217-8, to allow up to a 6-month extension at the task order level. Task orders will be issued for individual requirements. Future modernization requirements are included within the scope of this Class J&A and may be negotiated, priced, and incorporated into individual order(s) as they mature.

While the Government has unlimited rights to all systems developed under the current IBS-contract (FA8555-19-D-0003), it did not include delivery of a complete technical data package (TDP) necessary for competition as a Contract Data Requirements List (CDRL). Therefore, this contract with incumbent vendor, Mission Essential Group, LLC (MEG), will provide continued operations and acquire required TDP to enable a future full and open competition. Based on the Government’s analysis, award to any vendor other than MEG would result in unacceptable delays not expected to be recovered through competition.

This IDIQ contract will be awarded as a Single Award Task Order/Delivery Order Contract in accordance with Federal Acquisition Regulation (FAR) 16.504(c)(1)(ii)(B)(1). Defense FAR Supplement (DFARS) 216.504(c)(1)(ii)(D)(3) states, “In accordance with 10 U.S.C. 3403(d)(3), the determination at FAR 16.504(c)(1)(ii)(D) is not required if a justification has been executed, in accordance with FAR subpart 6.3 and DFARS subpart 206.3.” This Class J&A will address the applicable circumstances at FAR 16.504(c)(1)(ii) (D)(1)(iii), as supplemented.

This sole source effort is anticipated to be awarded to the following large business:

Mission Essential Group (MEG), LLC, 6530 West Campus Oval - STE 190 New Albany OH 43054-9147 CAGE Code: 3QKA8

*Note: The prior IBS- contract was awarded to Information Management Technology (IMT) (CAGE: 4CPK3). MEG purchased IMT with contract novation completed by Defense Contract Management Agency (DCMA) on 22 May 2023. IMT is now MEG and will be referred to as such herein.

August 2023 Page 8 of 11 in continuity of operations. The Government would be required to purchase new equipment to standup a new lab at another vendor's facility. The period of transition to integrate the full IBS-development suite into a new facility without a TDP, and without MEG operating its lab in parallel, would create serious operational risk and a gap in IBS support, which would impact Warfighter readiness.

This Class J&A will enable the most cost-effective, efficient, and expeditious IDIQ for a National Security system while the Government takes the aforementioned actions to support a full and open competition in the future for modernization and sustainment. Accordingly, MEG is currently the only firm capable of providing the supplies and services described in Section III above without the Government experiencing unacceptable delays and substantial duplication of cost that is not expected to be recovered through competition.

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.

The Government posted a Sources Sought (SS)/Request for Information (RFI) synopsis on SAM.gov on 27 June 2024 with responses due by 29 July 2024 under Notice ID FA855524R0012.

The SS/RFI requested responses from interested vendors that may possess the expertise, capabilities, and experience required for the sustainment and modernization of the IBS- system.

The following vendors responded to the SS/RFI:

• Mission Essential Group, LLC (CAGE: 3QKA8)

• SRR International, Inc (CAGE: 6CNX5)

• Logic Finder, Inc. (CAGE: 9PFM4)

• TMGL, LLC (CAGE: 7L8J0); Teammate: NXGenCOMM, Inc (CAGE: 9EBL9)

• Integrity, Inc (CAGE: 5BJX4)

The Government evaluated the vendors for their capability based on their ability to access technical data and software source code to support IBS- . The incumbent MEG was determined to be the only vendor with relevant access to the TDP. Access to the full TDP is required for sustainment and modernization of the IBS- system.

The requirement will be synopsized in SAM.gov in accordance with FAR 5.201. It is anticipated that sources having an interest in subcontracting may be identified through synopsis. Any source who responds to the Government because 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.

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 in supporting the Government evaluations of the proposed cost. The proposed skill mixes of labor, labor hours, and other direct, and indirect rates will be negotiated by the Government based

August 2023 Page 9 of 11 on recommendations from the DCMA and expert technical personnel supporting the program.

Proposal analysis techniques in accordance with the procedures in FAR Part 15.404-1 will be used to ensure the ultimate negotiated cost/price to the Government and contractor are fair and reasonable.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

The Government conducted market research from June - July 2024 in accordance with FAR 10.001 and 10.002. The focus of the market research was to locate capable sources that may possess the expertise, capabilities, and experience required for the sustainment and modernization of IBS-systems. The market research techniques used were ACE SharePoint internet searchable databases, RFI posting, North American Industry Classification System (NAICS) code searches, and follow-up on potential sources from previous market research.

As discussed in Section V, an SS/RFI was posted to SAM.gov advising industry of the pending acquisition and soliciting inquiries from interested vendors. The SS/RFI was posted on 27 June 2024 under Notice ID FA855524R0012. Five interested vendors responded to the SS/RFI. The vendors were evaluated for their capability based on their ability to access technical data and software source code to support IBS- . The incumbent, MEG, was determined the only capable vendor with access to the IBS- TDP.

Searches using the SAM.gov website did not result in any meaningful market research results.

Searches using the Small Business Administration Dynamic Small Business Search tool produced three matches: Apogee Systems Corporation, Yona Brixtel II, LLC, and Raditek Inc. None of these companies’ expertise is applicable to the scope of IBS- , and therefore were determined not capable. Additionally, no sources were identified through general internet searches.

Sierra Nevada Corporation (SNC, CAGE: 8X691) was identified from market research conducted in 2022 as having met many IBS- capability criteria. However, research indicated SNC does not have experience with development of components, or with tracking and reporting uplink transmission times. Updated 2024 research found SNC can produce Cryptographic and SKL (Simple Key Loader) end items but are still not currently indicating any experience in IBS integration type systems; therefore, SNC was also determined not capable.

The services provided for sustaining IBS- systems are not commercial services as defined by FAR 2.101. There are no commercial items or services available that meet the Government's requirements.

Market research concluded MEG is the only capable and viable source for this 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.

August 2023 Page 10 of 11

See Section V above.

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.

IBS- is transitioning to digital engineering in accordance with DoDI 5000.97 and the follow-on contract will require delivery of a full TDP for each capability within the Government-owned Enterprise Architect Model Based Systems Engineering system. The appropriate clauses will be incorporated into this contract under this Class J&A to ensure the Government receives unlimited data rights to IBS- technical data and IP necessary for future full and open competition.

Additionally, the Government will work with MEG to develop a transition plan in the base ordering period of the proposed contract. The transition plan will lay out all the systems in MEG’s lab and how the GFP is used to accomplish the testing, integration, and investigation required to get the IBS- mission accomplished. In parallel to the transition plan, the Government will produce a relevant cost estimate to support transitioning the lab to a 3rd party facility.

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.

August 2023 Page 11 of 11

Attachment 1 Justification and Approval for Other Than Full and Open Competition Integrated Broadcast Service-

Technical Data Package – Contract Data Requirements List

Computer Software Product End Item DOD Risk Management Framework (RMF) package deliverables Interface Control Document (ICD) Interface Design Document (IDD) Interface Requirement Specification (IRS) Product Engineering Design Data and Associated Lists Requirements Traceability Verification Matrix (RTVM) Site Preparation Requirements and Installation Plan Software Design Description (SDD) Software Product Specification (SPS) Software Requirements Specification (SRS) System/Subsystem Design Description (SSDD) Software Sustainability Package (SSP) System/Subsystem Specification (SSS) Software Test Plan/Report Software Version Description (SVD) Test Plans and Procedures Test Reports

Technical Data and Intellectual Property clauses

DFARS 252.227-7013 Rights in Technical Data - Other Than Commercial Products and Commercial Services

DFARS 252.227-7014 Rights in Other Than Commercial Computer Software and Other Than Commercial Computer Software Documentation

DFARS 252.227-7016 Rights in Bid or Proposal Information DFARS 252.227-7019 Validation of Asserted Restrictions-Computer Software DFARS 252.227-7026 Deferred Delivery of Technical Data or Computer Software.

DFARS 252.227-7027 Deferred Ordering of Technical Data or Computer Software.

DFARS 252.227-7028 Technical Data or Computer Software Previously Delivered to the

Government DFARS 252.227-7030 Technical Data - Withholding of Payment DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data