17C0003-P00004_JA_FBO.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

a. Requiring Activity: AFRL/RIGB, 525 Brooks Rd, Rome NY 13441

b. Contracting Activity: AFRL/RIKD, 26 Electronic Pkwy, Rome NY 13441

c. Purchase Request: G8-2555

2. Nature and/or Description of the Action. The action being justified is part of a modification to FA8750-17-C-0003 S2DN, a Cost Plus Fixed Fee (CPFF) Research & Development (R&D) contract awarded using the Broad Agency Announcement procedures of FAR 35. The modification is in response to an Engineering Change Proposal (ECP) submitted by the Contractor, North Point Defense (1300B Floyd Ave 2nd Floor Rome NY 13440). The modification includes the requirement described herein as well as additional in-scope R&D work.

3. Description of the Supplies/Services required to meet the Agency’s needs. The modification will amend the Statement of Work (SOW) by adding the following paragraphs:

4.3.1 Perform software updates to address security vulnerabilities and stability issues.

4.3.2 Perform software updates to incorporate new capabilities derived from ongoing research and development.

4.3.3 Perform preventive and corrective hardware maintenance.

4.3.4 Perform installation of systems derived from ongoing research and development.

4.4 Perform further research and development as defined in paragraphs 4.1 and 4.2.

4.4.1 Evaluate new signal identification and processing methods for additional signal types, to include size, weight, and power efficient processing and automated analysis.

4.4.2 Improve existing and identify new capabilities in anticipation of expanded and modernized signals technology.

The action being justified is the work identified in paragraphs 4.3.1-4.3.4. The estimated cost of this part of the modification is $503,100. The work identified in paragraph 4.4, including 4.4.1-4.4.2, is in-scope of the original contract.

4. Statutory Authority 10 USC 2304(c)(1) Only one responsible source and no other supplies or services will satisfy the agency requirement.

5. Justification or Authority for Action. The Contractor submitted an ECP based on an on-going R&D effort. During development of the contract deliverables, signals identification and processing software based capabilities, an operational user identified a potential use for an early instance of the technology. R&D will continue under the contract while software updates for security and capability incorporation, preventive and corrective maintenance, and installation is accomplished by the Contractor in the end user's networked environment. The end use will provide additional feedback to the continuing R&D effort and allow for the Contractor to provide better deliverables to the Government upon completion of the effort. The Contractor's ECP represents an unsolicited research proposal that demonstrates a unique capability, the application of the signal identification and processing capabilities in the end user's environment; offers services not otherwise available to the Government; and does not resemble the substance of a pending competitive acquisition. The Contractor will be providing its own developed software based capabilities and performing updates to the same. Limited hardware maintenance will be provided to ensure the equipment is able to make use of the Contractor's software based capabilities. As such, the work to be performed is singular to the Contractor and not available from any other source. If the work described herein is not procured from the Contractor, the Government will lose access to highly valuable, operationally relevant feedback about the technology being developed, the ultimate deliverables under the R&D contract will be of lesser utility, the Government's significant R&D investment in the software based capabilities would have less return in terms of viable capability, and, against the aim of the BAA process, there would be less advancement to signals identification and processing state of the art.

6. Efforts Made to ensure Offers are Solicited from as many Sources as Practicable.

Per FAR 6.102(d)(2), a Broad Agency Announcement (BAA) is considered a competitive procedure. The original contract was negotiated and awarded based on a white paper and proposal submitted in response to a BAA for Special Signals/SIGINT Collection, Processing, and Exploitation, RIK-2014-0010. The BAA is available from 26 Aug 2014-28 Sep 2018 and provides for full and open competition. Within the BAA's period of availability, any potential offeror is able to submit a white paper for consideration by the Government. If evaluated favorably, the Government may issue a request for proposal to the potential offeror. Once awarded a contract, companies are able to submit ECPs for consideration by the Government. The current modification is in response to an ECP submitted by the Contractor. There are no additional means to solicit offers from additional sources, as the R&D effort to which this action pertains is still in development and the ECP is an original proposal submitted by the Contractor. The Contractor is developing software based capabilities for signals identification and processing. The work accomplished thus far is not available through open sources or in existence in the marketplace for other sources to provide meaningful offers for the same work.

7. Determination by the Contracting Office that the Anticipated Cost to the Government will be Fair and Reasonable

Using price and cost analysis techniques of FAR 15.404, the Contracting Officer determined that the anticipated cost to the Government is fair, reasonable, and realistic. Through cost analysis the Contractor's proposed direct labor, indirect rates, travel, and fixed fee were evaluated and found to be fair, reasonable, and realistic.

8. Market Research/Other Facts

No additional market research can be conducted at this time due to the reasons stated in paragraph 6 above. A new BAA for Full Spectrum Signals Intelligence (SIGINT) and Cyber Operations Technology, FA8750-17-S-7003, was posted 27 Mar 2017 with full and open competition and is available for white paper submittal through 30 Sep 2022. Any new white papers submitted in response to the BAA will be considered by the Government.

9. Any other facts supporting Other than Full and Open Competition

There are no other facts supporting this justification.

10. List of Sources, if any, That Expressed Interest in the Acqusition

North Point Defense, 1300B Floyd Ave 2nd Floor, Rome NY 13440

11. Statement of Actions to Remove/Overcome Barriers to Competition

A new BAA for Full Spectrum Signals Intelligence (SIGINT) and Cyber Operations Technology, FA8750-17-S-7003, was posted 27 Mar 2017 with full and open competition and is available for white paper submittal through 30 Sep 2022. Any new white papers submitted in response to the BAA will be considered by the Government.

12. Contrtacting 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.

13. Technical/Requirements Personnel 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.