Final Signed JA VIPER USAF_Redacted.pdf

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

FOR OFFICIAL USE ONLY

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Was a J&A approved for the preceding acquisition? Yes No

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined at AFFARS 5302.101? Yes No

Dollar Value of this Acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: AFSC OL:H/PZABA

Purchase Request (if available): FD20202000072

Program / Project (and PE, if applicable): Test Data Computer

Program Type (PEO, Enterprise, of Operational): Enterprise

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date Project Lead / Program Mgr / Requiring Activity

Signature

Date Contracting Officer

Date Local Legal Reviewer

APPROVAL (AFFARS 5306.304(a) )

Date Alternate Competition Advocate

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I. Agency and Contracting Activity.

United States Air Force

AFSC OL:H/PZABA

6050 Gum Lane, Bldg. 1215 Hill AFB, UT 84056-5825 Contracting Officer:

Phone Number:

PR Number: FD20202000072

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

A. Upon approval to use other than full and open competition procedures the Air Force will issue a new non-commercial supply contract to procure Test Data Computer component, used for the VIPER F16 Program by the US Air Force and Foreign Military Sales.

Contract will be awarded to:

CDW Government LLC 230 N. Milwaukee Ave Vernon Hills, IL 60061-4304

CAGE: 1KH72

B. The estimated dollar value is . A Firm Fixed Price (FFP) pricing arrangement is anticipated. The estimated award date is June 2020. The Government estimates deliveries will occur within one year.

C. Type: Individual

III. Description of supplies/services required to meet agency needs (including the estimated value).

A. This is a new non-commercial supply contract to procure Computer Test Data Component spares in support of the VIPER F-16 Aircraft. This component is a subassembly of a system that is used to provide flight line loading of F-16 Aircraft Avionics System software as well as flight line diagnostic testing of F-16 Avionics Systems. Test Data Computer in accordance with drawing 8546015-1, must be able to provide an interface, data entry and data storage for the Viper Memory Loader Verifier (MLV). In addition, the Test Control Panel must adhere to all the specifications outlined in drawing P/N

NR8300R2-VIPER3.

B. The Air Force estimated unit cost and quantities for one year is shown below:

Line Item NSN Part Number Nomenclature Qty Cost Total

0001 4920-01-677-2063 NR8300R2-VIPER3 COMPUTER, TEST DATA 184 EA

0002 - Contract Data Requirements List Counterfeit Prevention Plan 1 LOT NOT SEPARATELY PRICED

Total

C. Total Estimated Cost: . Sufficient pricing data, procurement history, and performance data are available from D200A requirements system to come up with a realistic forecast. The contracting action will use 4930 CSAG-S Working Capital funds.

IV. Statutory authority permitting other than full and open competition.

The authority used is 10 USC 2304 (c) (1) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii), Only

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One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

V. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

A. The above authority was selected because the requirement is for highly specialized assets. They are highly specialized because the Test Data Computer component is used as the VIPER Portable Maintenance Aid (PMA) which is configured to a specific hardware and software configuration specific to the VIPER MLV. The VIPER MLV provides flight line loading of F-16 Aircraft Avionics System software as well as flight line diagnostic testing. Therefore, this acquisition is for continued production of a highly specialized asset.

B. The Test Data Computer Component is designed specifically for the VIPER F-16 Program. Supplies of these assets are not available from any other sources other than CDW-G and BAE. CDW-G is the only source that has the necessary firmware and data to manufacture this part. Although BAE is listed as a source on the 761 Screening Analysis Worksheet, they will need to purchase this component from CDW-G and act as a distributor, thereby increasing the cost. BAE stated on 28 April 2020 that they do not intend to bid on this requirement because of this situation. CDW-G owns the rights for the specifically configured Windows 7 Operating System (OS) that meets the VIPER software requirements and the Air Force cyber-security requirements for the Test Data Computer component used as the VIPER PMA. Licenses are no longer available for this particular generation of Windows otherwise, BAE would be able to use these licenses to install their custom version of windows on their tailored Original Equipment Manufacturer (OEM) products. BAE would need both the license and data to become a manufacturing source for this component. The USAF does not possess the data or have rights to the necessary data to support the development of alternate sources of production or sustainment of the Viper MLV. Specifically the Air Force does not have right to:

1. Viper Operational Program (OP) Software

2. Viper Interface Adapter (IA) Operating Software (OS)

3. Viper Interface Adapter Design and specifications

4. Viper OP source code

5. Viper OP hardware drivers

6. Viper OP firmware drivers

7. Viper OP embedded code

8. Viper Interface Adapter (IA) Operating Software (OS) source code

9. Viper Interface Adapter device drivers

10. Viper Interface Adapter firmware files for Field Programmable Gate Arrays (FPGA)

11. Viper IA hardware manufacturing drawings and specifications

12. Viper IA FPGA Firmware design drawing and specifications

C. The Viper MLV OEM, CDW-G, provided a budgetary estimate of in 2020 for USAF to acquire the necessary data to support the development of alternate sources of production repair, and sustainment. This estimate does not include the Viper PMA (laptop). The Windows 7 OS has to be managed by the Automatic Test Systems (ATS) division due to Cyber-security and the Authority to Operate (ATO) requirements. Since the 416th does not have an Information System Security Manager (ISSM) to perform these tasks and will not be able to certify anyone to build a different Windows 7 image (Windows

7) is also not a procurable license from Microsoft). It is provided via gold disk from CDW-G with the purchase of a Viper PMA.

The Air Force will not continue to pursue procuring the data and rights to the necessary data due to the fact that these assets are at the end of their sustainment lifespan. Furthermore, if the Air Force continues to pursue the purchase of the data or rights to the data and CDW-G elects to sell the data or rights to the data, a compelling business case cannot be made to establish an alternate manufacturing capability for the Viper MLV since the CAPRE program is replacing it. Additionally, any interested sources will be required to obtain an Authorization to Operate in accordance with AFI 33-200. This certification process is complex and can take approximately 12 months to accomplish. Without this authority to operate, new vendors would not be able to support the F-16 weapon system. Also, there would need to be additional aircraft testing (approx. 6 months), Engineering Change Order (ECO) to Viper drawing to add the new source (approx. 3 months), and provision new part number/Cage (approx. 2 weeks after ECO acceptance). This is unacceptable due to contract needing to be awarded by September 2020. Procuring the data or rights to the data will represent a substantial duplication of costs due to competing with the replacement CAPRE program, and will cause unacceptable delays in fulfilling the Governments requirement.

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D. Accordingly, CDW-G is the only firm capable of manufacturing the Test Data Computer Component described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirement.

VI. 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.

A. Sources Sought Synopsis: The sources sought synopsis was posted under Computer_Test_Data_Component_SSS on 7 Jan 2020 at www.beta.SAM.gov and closed on 6 Feb 2020. The requirement is to purchase approximately184 Test Data Computer Components.

B. No Responses were received from the Sources Sought Synopsis.

C. Synopsis - this requirement will be synopsized at www.beta.SAM.gov as a notice of contract action IAW FAR 5.201.

D. Other Actions: None.

E. Qualifying Country Sources: None

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

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable.

The Contracting Officer will comply with the procedures and criteria contained in Federal Acquisition Regulation (FAR) under Part 30 - Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4 - Contract Pricing; to include technical evaluations and audits, as appropriate. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The Final Step is to include the Price Negotiation Memorandum (PNM). This detailed documentation and justification of price reasonableness will be disclosed in the official PNM, to be prepared upon completion of negotiations.

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

A. As described in Section VI above, market research, in accordance with FAR Part 10, has been conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

B. In accordance with FAR part 10, and in addition to ongoing market surveillance performed by the integrated product team, acquisition specific market research has been conducted by the 416 SCMS on Dec 18, 2019. The Market Research Strategy focused on gathering information to support the efficacy of establishing additional sources for the Test Data Computer. Research included searching internet databases via Google, Thomas Net, IQS Directory, marketresearch.com, AcqNet, Yahoo, Bing, product data and data rights evaluation, and by other Actions by USAF pursuant to FAR Part 10.0019 (a) (2)(v).

C. Market research concluded that there are no alternate/additional sources capable of meeting the government's requirement at this time and CDW-G (Cage Code 1KH72) is the only known company capable of satisfying the government requirements.

D. The Test Data Computer Component is utilized as F-16 Support Equipment and is non-commercial. The United States Air Force cyber security requirements dictates a specific, non-common operating system. This is not commercially available.

E. These assets cannot be organically sourced as the government does not own the data or rights to the data to be able to manufacture these assets.

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

No further Information

X. List of any sources that expressed, in writing, an 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.

The program office anticipates this being the final end-of-life buy for these assets as they will not be supported after the final delivery of this buy. The Common Aircraft Portable Reprogramming Equipment (CAPRE) program is being stood up by Warner Robins Air Force Base to replace these assets and is anticipated to be active in 2023. CDW-G is the only sources that owns the data required to manufacture these items. The required data for this configuration is not available from any other source. As a result of this being the end of life procurement before CAPRE replaces the Test Data Computer Component per Section V, it does not make business sense to continue to pursue data or rights to the data necessary to promote competition.

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 our signatures above, we certify that any supporting data contained herein, which is our responsibility, is both accurate and complete.