GA_J&A_Redacted.pdf

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

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

< $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: AFRL DET 8/RVKDL

Purchase Request / Local ID Number: FA9451-17-C-0092

Program / Project (and PE, if applicable): Generation 1 High Energy Laser Operation and Maintenance

Program Type (PEO or Other Contracting): OTHER CONTRACTING

Authority (include full title): FAR 6.302-1, "ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL

SATISFY AGENCY REQUIREMENTS"

Estimated Contract Cost (including options): $4,000,000.00 J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

5 Oct 2016

Project Lead / Program Mgr / Requiring Activity

AFRL/ ,

Signature

Date

05 Oct 2016

Contracting Officer

AFRL DET 8 ,

Date

06 Oct 2016

Section Chief

AFRL DET 8/ ,

Date Small Business Specialist

AFRL/RD, 505-

Date JAN

AFNWC/JAN,

Date RVKC

AFRL DET 8/

APPROVAL (AFFARS 5306.304(a) )

Date ** Competition Advocate

AFRL/

Page 3 of 8Updated: 15 Mar 16

I. Contracting Activity.

U.S. Air Force Research Laboratory (AFRL), Phillips Research Site (PRS), Detachment 8, Space Vehicle Contracting Division Directed Energy Contracting Branch (RVKDL), Kirtland AFB, New Mexico 87117-5773 and AFRL/RDLA are the organizational activities responsible for the proposed contracting action. This document is an individual justification and approval document for other than full and open competition.

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

This document is an individual justification and approval document for a new Cost Plus Fixed Fee (CPFF) completion contract to be awarded to General Atomics (GA-ASI), 16868 Via Del Campo Ct, San Diego, California 92127 (Cage Code 0YJBS, Large Business).

GA-ASI developed and delivered a state of the art high energy laser under a contract with DARPA that is the centerpiece of the Demonstrator Laser Weapon System (DLWS) integrated and tested at

The GA-ASI Generation 1 High Energy Laser (HEL) is a custom highly specialized high energy laser. It took 13 years to develop at a cost to the Government of approximately under the DARPA HELLADS program.

AFRL's intent is to utilize the laser within the DLWS system. However, the current DARPA contract for maintenance and operations of the laser at the test site ends on 31 December 2016. DARPA is not willing to extend their contract past the current Period of Performance. Rather, DARPA is interested in transferring the hardware to AFRL to sustain AFRL's continuing interest utilizing the laser within the DLWS system. The system is utilized to accomplish carry out lethality testing against a variety of targets of interest to the DoD.

GA-ASI will maintain, operate, and modify the Generation 1 HEL as required to augment DLWS development and test operations at the location of the DLWS. The period of performance will be 12 months plus a one-year pre-priced option for an additional year of effort (should the Government decide to execute the option).

III. Description of supplies/services required to meet agency needs.

In the following description, the supplies/services required to meet DoD's needs are provided separately for the base 12 month contract and an additional one-year option. This effort will be funded with a mixture of RDT&E funds (6.2, 6.3, and 6.4)

Under the contemplated 12 month base contract, General Atomics (GA-ASI) will provide the following:

1.0 Management

The Contractor shall provide AFRL monthly cost accounting and technical reporting information as prescribed by the contract. The Contractor shall control Government equipment transferred to them, in accordance with FAR 52.245-1. The Contractor shall perform any administrative tasks associated with the

Page 4 of 8Updated: 15 Mar 16 procurement of Contractor Acquired Property or leasing of equipment as required to complete this effort.

The Contractor shall coordinate on-site work schedules at with AFRL program management and alert AFRL to any issues that might impact Contractor effort or laser operability.

2.0 Laser Subsystem Maintenance and Repairs

GA-ASI shall provide the maintenance of the Generation 1 HEL during the DLWS testing at The Contractor shall provide experienced personnel at the and any needed equipment to ensure availability and repair of the Generation 1 HEL in accordance with the DLWS Laser Segment Specifications.

The required maintenance includes, but is not limited to, fluids within the laser, mechanical pumps, laser electrical power conditioning and energy storage units, laser cooling systems, laser optical components, and laser-related processors and actuated elements.

Generation 1 HEL maintenance will be provided for an anticipated one-year of testing at Parts shall be inspected for damage, corrosion, etc. and rebuilt with system spares as required.

Spare parts will be procured by the Contractor following discussion and approval by the AFRL Program Manager.

3.0 Laser Operations in Support of Testing

The Contractor shall provide trained personnel to operate the Generation 1 HEL during DLWS operations at AFRL will coordinate upcoming test activity schedules with the contractor to provide sufficient advanced notice for the contractor to schedule appropriate personnel at the test location.

Laser operations at the site shall also include operations of the laser for testing the system against targets or to measure system performance, or operations of subsystems of the laser for the purpose of verifying and troubleshooting other DLWS subsystems or alignments.

4.0 Laser Subsystem Related Modeling and Data Reduction

The Contractor shall complete any Generation 1 HEL-related modeling, Generation 1 HEL data reduction, or root cause analysis, should that be requested by AFRL for the purpose of evaluating Generation 1 HEL performance.

The Contractor shall accomplish post mission data reduction of the Generation 1 HEL data to permit an estimation of the Generation 1 HEL performance during the DLWS target engagements of ground targets sets, and aerial target sets, and provide this data to AFRL for post mission system performance evaluation.

5.0 Generation 1 HEL Modifications

Page 5 of 8Updated: 15 Mar 16

The Contractor shall modify the Generation 1 HEL for DLWS test activities. Government-approved modifications deemed necessary by the Government will be made to improve the functionality and operability of the Generation 1 HEL hardware or software.

The Contractor shall modify Generation 1 HEL software to correct any issues with software operability, software robustness, hardware synchronization, and interoperability with other DLWS subsystem software code.

The Contractor shall provide the non-proprietary Generation 1 HEL source code developed under Government funding to the Government.

6.0 Program Technical Reviews and Data Reviews

During periods of activity, the Contractor shall participate in weekly telecoms with the Government and other contractors (involved in DLWS activities) to report development status, coordinate test activities, resolve interface details, and perform system engineering activities.

The Contractor shall also participate in Data Reviews associated with subsystems and assemblies over which the Contractor has responsibility. Data Reviews will be held as required to verify system performance data supports the system requirements.

The Contractor shall be engaged in Test Review Boards associated with the DLWS testing. This includes readiness assessment of the Laser Subsystem assemblies permitting relevant testing to proceed.

IV. Statutory authority permitting Other than Full and Open Competition.

10 USC 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii)(A), 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 of the authority cited above (applicability of authority).

First subsection The GA Generation 1 HEL is highly specialized due to the unique design of the custom-built state-of- the-art solid-state laser. The GA Gen 1 HEL laser also interfaces with numerous custom software and hardware systems developed by other contractors that provided subsystems to the weapon system.

The GA Generation 1 HEL was developed under a previous DARPA contract, HR0011-11-C-0105, with General Atomics (GA). The period of performance ends 31 December 2016.

Under contract HR0011-11-C-0105:

a) Completed the Preliminary and Critical Designs of the Generation 1 HEL.

b) Developed and tested the Generation 1 HEL in a multiphase approach at the Contractor's facilities.

c) Delivered the laser to

Page 6 of 8Updated: 15 Mar 16

d) Maintained and operated the laser following delivery.

Second Subsection Though GA delivered the Generation 1 HEL to the Government at the completion of the previous contract, it is still not in the best interest of the Government to compete the follow-on effort. GA has unique knowledge about the laser hardware and software developed. Due to their work over the past 12 years on the Generation 1 HEL development and their familiarity with the lines of software code already developed under this program, GA maintains a unique knowledge of the GA Generation 1 HEL hardware and software code developed for this system and are uniquely qualified to sustain the GA Generation 1 HEL effort in the field. No other companies are intimately familiar with the GA Generation 1 HEL.

Third Subsection If a different contractor is chosen to maintain and operate the Generation 1 HEL, the new contractor would need to become familiar with the existing laser hardware design and software code. All design material was marked as Distribution E per the DARPA contract, release of design material to a new contractor would not be permitted unless release was granted by DARPA.

Should the contract be awarded to a different contractor, the Government will also lose the benefit of all the working-paper level material aggregated over time for maintaining and operating the laser. The program office believes award to any other source would result in substantial duplication of cost to the Government. The cost is not expected to be recovered through competition, as well as, create unacceptable delays in fulfilling the Air Force's requirements.

The schedule impact for a different contractor to assimilate technical expertise to the level possessed by GA will equate to approximately 36 months (or more) in ramp-up efforts. The estimated cost impact to the Government is greater than for a new contractor to duplicate the system specific awareness and current technical status of GA, even with utilization of the current technical data aggregated on the Generation 1 HEL.

Fourth Subsection Accordingly, GA is the only firm capable of providing the supplies and services described in Section III above, without the U.S. Air Force experiencing a substantial duplication of cost (not expected to be recoverable through competition) and resulting in unacceptable delays for fulfilling requirements.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A Notice of Contract Action was posted (via Special Notice) to Federal Business Opportunities on 21 September 2016, entitled "DLWS HELLADS Laser Operational Support and Maintenance." The intent of the notice was to determine whether any additional sources had the expertise to provide specific Command and Control Subsystem support for additional maintenance, operation, and modification of the laser (as required) to support the DLWS development and test operations. The inquiry closed on 28 September 2016. No responses were received; no subsequent synopsis was required.

Page 7 of 8Updated: 15 Mar 16

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Proposal analysis will be accomplished in accordance with FAR 15.404-1(a)(3) and FAR 15.404-1(c)(2).

Due to the non-competitive nature of this acquisition, cost analysis will be used to evaluate the reasonableness of individual cost elements and certified cost or pricing data will be required. It is anticipated review and evaluation of separate cost elements and fee will be accomplished to determine a fair and reasonable price. The Contractor's proposed costs will also be carefully examined and verified to the maximum extent possible using material quotes and cost data. Inputs from the AFRL/RDLA Program Manager (technical and cost evaluation) and DCMA (verification of direct and indirect rates) shall be used to establish a negotiation objective. Weighted Guidelines will be used to determine a fair and reasonable fee. Thus, it is expected the resulting negotiated cost and fixed fee will be found fair and reasonable prior to award of any contract.

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

A Notice of Contract Action (NOCA) was posted to the Government Point of Entry (GPE), Federal Business Opportunities, on 21 September 2016 and closed on 28 September 2016. The announcement stated the Government's intent to solicit GA-ASI on a sole source basis to fulfill the requirements of this action. No responses were received.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

The GA-ASI Generation 1 HEL was developed at a cost of over within the DARPA HELLADS program and is now Government Furnished Equipment (GFE) under the stewardship of GA-ASI, located at

A second laser manufacturer was funded concurrently by DARPA, but that manufacturer failed to meet performance entrance criteria for successive phases of the HELLADS program. The GA-ASI Generation 1 HEL design and hardware is classified and has competition sensitive information under the DARPA HELLADS program. All technical documents associated with the Generation 1 HEL are Distribution E and not releasable to another contractor without permission of DARPA. GA-ASI is the only Contractor owning the competition sensitive design information for the GA-ASI Generation 1 HEL currently used as the HEL within the DLWS system. Complete technical data packages to accomplish maintenance and operation of the system proficiently are not available for other contractor.

Award to a different contractor to supply, operate, and maintain the High Energy Laser will require that contractor to supply a HEL. That HEL must conform in form, fit, and function to the current GA-ASI Generation 1 HEL within the system to avoid substantial and costly redesigns and fabrication of the other subsystems comprising the DLWS. The laser will have been built around and conform to the unique GA- ASI Generation 1 HEL. The estimated cost of providing a comparable laser, and having it conform in form fit and function is not easily estimated. However, the estimate for replacement hardware alone of the GA- ASI Generation 1 HEL exceeds and this would be a reasonable minimum cost of a replacement HEL with form, fit, and function equivalent to the Generation 1 HEL.

Award to a different contractor would also result in a significant delay in returning the DLWS to the current operational status. In addition, the current GA-ASI laser would need to be removed and replaced with the replacement HEL. The replacement would need testing for performance within the integrated

Page 8 of 8Updated: 15 Mar 16 system.

The initial integration of the Generation 1 HEL took over a year to complete, which can be used as a reasonable estimate of the time-frame needed for a repeated similar integration to return the DLWS back to its current status. This assumes an HEL, other than the Generation 1 HEL, with the correct form, fit, and function, existed at this time and was ready to be integrated into the DLWS.

The costs and time-frame to return the DLWS to its current state for a different contract award to supply, integrate, operate, and maintain a comparable HEL to the Generation 1 HEL far outweigh any cost or schedule savings that might be recouped via unrestricted full and open competition.

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.

High energy lasers for future and as yet un-designed systems will be competed, such as in the SHIELD Program.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. 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.