Final Redacted JA.pdf

Controlled Unclassified Information

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. Contracting Activity.

This Justification and Approval is to request authority for Other Than Full and Open Competition supporting requirements generated for the Air Force Sustainment Center (AFSC), 638th Supply Chain Management Group (SCMG), 407 Supply Chain Management Squadron (SCMS)/GULCA. The contracting activity for this requirement is AFSC/PZABA Robins AFB, GA. The purchase request number supporting this contracting action is FD2060-21-00166 (increase to estimated contract ceiling amount).

II. Nature and/or Description of the Action Being Processed.

J&A Amendment is to reflect a more accurate scope of the adjusted quantities needed to mitigate risk for sustainment coverage. This action will result in an increase of the estimated ceiling by Due to the circumstances described herein, the activity requests authority to provide repair of the Antenna Electronics Unit (AEU) listed in the document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

There is not a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery due to the proprietary technical and repair data not being available. Thus in accordance with FAR 19.502-2(a), a total small business set aside would not be appropriate.

This action will result in the award of a new contract, which will be a Firm-Fixed Price (FFP) Requirements Indefinite Delivery Contract (IDC) with a one year basic plus four (4) one-year Ordering Periods. Based on the projected contract award date, orders can be issued on this Requirement IDC 01 July 2021 to 30 June 2026.

This sole source requirement will be acquired from the following company:

Ball Aerospace & Technologies Corp.

1600 Commerce St Boulder, CO 80301-2734 Cage Code: 13993 Type: Large Business

III. Description of the Supplies/Services Required to Meet Agency Needs.

This requirement is for the repair of the B-2 Antenna Electronics Unit (AEU), Part Number (P/N): 2460002-510, National Stock Number (NSN): 5985-01-673-5755NS. This effort includes services for obsolete parts resolution along with the necessary engineering support to investigate Deficiency Reports (DR) and Material Improvement Projects (MIPS). The AEU is a specialized antenna that helps protect Global Positioning System (GPS) receivers from interference and jamming on the B-2 platform.

repair. The Government contacted Ball Aerospace & Technologies Corp. Program Manager via email on 19 February 2021 to inquiry on their interest in selling the TDP to the Government. Ball Aerospace & Technologies responded on 19 February 2021 they were not interested in selling the data rights at any cost.

Ball Aerospace & Technologies Corp. is the only source that has the expertise, facilities, equipment, and engineering data to provide resolution for issues in support of this NSN. Their expertise is based on years of engineering design, repair, test, and evaluation of multiple AEU versions and upgrades. This includes expertise for highly specialized engineering services. Many of the aforementioned processes involve use of highly specialized test equipment as well as facilities to house this equipment.

This effort will support repair backorders, Mission Impaired Capability Awaiting Parts, and surge requirements. This instant acquisition is necessary for the continued repair performance of a highly specialized item/system.

was spent in 2016 for the engineering, manufacturing and production of the AEU, which was installed on the entire B-2 fleet. While giving a conservative escalation rate to cover the past 5 years, the substantial duplication of cost to the Government to develop a new replacement system is estimated to be $41M.

Research concluded to reverse engineer the AEU it will take a minimum of two to three units.

The units are currently valued at per unit. Reverse engineering research and development is estimated to cost $8.2M. Based on these costs, the total estimated cost for a reverse engineer effort for the AEU is $9.2M. It's also estimated to take 4-5 years to qualify a new vendor based on the production and manufacturing of the software and hardware, first article development, systems integration, all required testing phases, followed by the procedures to stand-up an approved repair facility. To pursue this type effort would cause unacceptable delay in meeting critical B-2 mission requirements. Further, reverse engineering of the AEU is not considered cost efficient due to the low quantities of repair.

Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through completion and unacceptable delays in fulfilling the Air Force’s requirements.

VI. Description of Efforts Made to Ensure that Offers are Solicited From as Many Potential Sources as Practicable.

A Sources Sought (SS) / Request for Information (RFI) synopsis was posted to Federal Business Opportunities (FedBizOpps) 14 July 2020. The SS/RFI requested responses from interested vendors that possess the expertise, capabilities, and experience to meet qualification requirements for this effort. No vendors responded to the SS/RFI.

The requirement will be synopsized in Beta.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 as a result of this synopsis will be identified to the prime contractor as a potential subcontracting possibility.

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 15.403-3, the Contracting Officer will require the submission of other than certified cost or pricing data. Price analysis or cost analysis based on “information other than certified cost or pricing data” will be used to examine and evaluate the proposed prices to determine fair and reasonable pricing. Price analysis techniques include comparison of proposed prices to historical prices paid for a same or similar item; comparison with published price lists, offered catalog prices and prices obtained through market research for a same or similar item;

comparison of proposed prices with independent Government estimate; or analysis of data other than certified cost or pricing information.

VIII. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research was not Conducted.

Market research, in accordance with FAR Part 10, began on 2 July 2020 and was completed on 21 January 2021. The main method for market research used was internet research as well as a review of the past acquisition history of the items for which services are being solicited. System for Award Management (SAM) was used to determine the North American Industry Classification System (NAICS) code. The applicable NAICS code is 811213, "Communication Equipment Repair and Maintenance."

A SS/RFI was posted to Beta.SAM advising industry of the pending acquisition and soliciting inquiries from interested vendors. The SS/RFI was posted on 14 July 2020, no one responded to the request.

The main method for market research was internet research using the key words “Antenna” as well as looked at the past acquisition history of similar items for which this service is being solicited.

The System for Award Management (SAM) was used to find the Cage code (13993) for the OEM. The CAGE code was confirmed using the Department of Commerce. Once confirmed, a NAICS code search was conducted to find other vendors with similar capability and tooling.

A search in the Small Business Administration Dynamic Small Business System (DSBS) was performed to identify potential Historically Underutilized Business Zones (HUB Zones) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBC) vendors. The query Controlled Unclassified Information Controlled Unclassified Information determined no small business vendors have the technical data and test equipment required to repair the B-2 AEU.

The DSBS and internet researches looked for potential repair sources within the avionics family.

The potential sources evaluated included Lorimar Group Inc., FWG Solution Inc., RX3 Communications Inc., Zeido Technologies, LLC, Mannatek Solutions Inc., and Northrop Grumman Systems Corporation. Ultimately, none were found to have the proprietary repair data and unique avionics equipment necessary to repair the AEU.

The AEU system does not fit the definition of a commercial item as defined in FAR Part 2.101.

This item is defined as military unique and is not customarily used by the general public or by non-Governmental entities. The Government requires parts that meet an exact form, fit, and function as determined by the specific mission. There are no aircraft in the commercial market with the same or similar components.

The market research concluded Ball Aerospace & Technologies Corp.is the only source with the required data and technical capability, knowledge, and expertise to fulfill the Government’s requirement to repair AEU assets.

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.

Ball Aerospace & Technologies Corp. owns the TDP and is identified on the design requirements and source controlled drawings. A complete TDP is required in order to repair the AEU. The Government does not possess any commercial product sheets, test data, qualification data, support manuals or related data that defines the performance and manufacturing characteristics of the AEU, precluding organic and competitive repair.

An inquiry for sell of the TDP was sent to Ball Aerospace & Technologies Corp. on 16 February 2021. They declined interest in selling the TDP.

There was no prior J&A, therefore higher level approval in accordance with DFARS PGI 26.304(a) (S-70) (ii) does not apply.

XII. Certification by the Contracting Officer.

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

XIII. Technical/Requirements Personnel’s Certification.

As evidenced by my (our) signature(s), I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.