Final_J_ _A_HPEM-DIPA.pdf

Single Source Justification (Simplified Acquisition)

Section A: General Contract Information Contracting Activity: AFRL/RVKDP Purchase Request/

Identification Number:

Project/Program Name: High Power Electromagnetics Disruption Phenomena (HPEM-DIPA)

Estimated Contract Cost $150,000.00 (including Options):

Section B: Description of the Supplies/Services Required

The Air Force Research Laboratory (AFRL), Directed Energy Directorate (RD), High Power Electromagnetic Division (RDH) requires investigation to advance the state-of-the-art / knowledge in high power microwave technologies and scientific knowledge in Directed Energy (DE) technology; specifically, High Power Electromagnetics (HPEM) technology research, development, transformation and transition. This requirement will continue study of the prevalence and robustness of a unique high power electromagnetic disruption phenomena observed in earlier experiments through a separate vehicle which is now expiring and will study techniques that capitalize on the observed phenomena.

Section C: Justification for Soliciting from a Single Source Justification and approval for other than full and open competition for this contract action is described under the statutory authority of FAR 6.302-1, only one responsible source and no other supplies will satisfy agency requirements, 10 USC 2304 (c)(1), permitting other than full and open competition.

This is a continuation of a scientific discovery accomplished under an existing contract that is expiring. The existing contractor, Raytheon Company, is a large business. Based on urgent government need to continue the work, AFRL intends to issue a sole source Firm Fixed Price contract to the contractor who made this important discovery. Because the technical data was developed exclusively at private expense, the contractor has asserted Limited Rights to that data. In addition, software was also developed exclusively at private expense and the contractor has asserted Restricted Rights to that data. Because the Intellectual Property (IP) belongs to the contractor and it has been determined that the IP is necessary for ongoing research in this area, only the existing contractor can execute this effort. Re-developing the technical data and software, if even possible, would be a substantial duplication of cost to the Government that is not expected to be recovered through competition and would result in unacceptable delays in fulfilling the agency's requirement. Currently there are no other known commercial vendors that are able to supply the same or similar technical/software data required to meet AFRL/ RDH mission objectives.

Section D: Efforts to Obtain Competition The Defense Microelectronics Activity (DMEA) award for High Power Electromagnetic Design and Development (HPEM D&D) was awarded to Raytheon through the Army. This is the contract vehicle in which the important application was discovered by Raytheon, using technical/software data that was developed at the contractor's expense. Within the DMEA contract, Limited Technical and Restricted Software data rights were asserted.

In reviewing the requirement and compatibility restraint for RDH, the primary restraints that limit this effort to other than full and open competition are derived from the expertise that Raytheon possesses and the data rights that are proprietary to Raytheon. The contractor is most qualified to ensure any compatibility challenges and/or constraints that may arise in research and development. Due to the contractor's Intellectual Property being necessary to continued research and development of this particular application and to the specific requirements listed above, no other contractor will be able to accomplish the mission objectives of AFRL/RDH at this time. The costs associated with developing new technology for HPEM-DIPA effort far outweigh any cost or savings that might be recouped via unrestricted full and open competition.

Section E: Steps to Preclude Future Single Source Awards AFRL/RVKDP is committed to continue to provide opportunities for companies to participate in future contract actions through programs like the Small Business Innovation and Research (SBIR) program, the Small Business Technology Transfer (STTR) program and Broad Agency Announcement (BAA). These programs provide the opportunity for companies to develop new and innovative technologies that can then be moved to the commercial market that promotes wider opportunities for company development and growth. AFRL/RVKDP's continued support of programs like SBIR, STTR and BAA will provide for fully competitive bids and enable AFRL to provide the most valuable technology that it can place in service to the warfighter.

Single Source Justification (Simplified Acquisition)

Section F: Contracting Officer's Determination

I have determined, in accordance with FAR 13.106-1(b)(1), that the circumstances of this contract action deem only a single source is reasonably available.

Date

10-Sep-2015

Typed Name and Rank/Grade of Contracting Officer

John T. Seamon / DO-02

Signature of Contracting Officer Digitally signed by SEAMON.JOHN.T.1044418882

SEAMON.JOHN.T.1044418882 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=SEAMON.JOHN.T.1044418882 Date: 2015.09.10 15:13:25 -06'00'