FLIR Avenger JA 11082021_redacted.pdf

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: Short and Intermediate for Layered Defense (SHIELD) PROJECT OFFICE is in need repair and return for the AVENGER Forward Looking Infrared Receiver (FLIR) Third Generation, 5 each minimum/80 each maximum, Indicator, Bearing-D, P/N: 13633093-2, NSN: 1430-01-686-3957.

Authority: 10 United States Code 2304(c)(1) as implemented in Federal Acquisition

Regulation (FAR) 6.302-1(a)(2)(ii)(A)&(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

CUI

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

FOR REPAIR AND RETURN OF AVENGER FORWARD

LOOKING INFRARED RECEIVERS (FLIR)

1. Contracting Activity: Army Contracting Command – Redstone (ACC-Redstone), Aviation Logistics Directorate, CCAM-ALL, Redstone Arsenal, AL 35898-5000.

2. Description of Action: The nature of the contractual action follow-on will be a 5- year, firm-fixed price, maintenance and overhaul (M&O), indefinite delivery indefinite quantity contract in order to utilize contractor logistics support to diagnose, repair, test, and return to a serviceable condition A, the Third Generation AVENGER FLIR, with a maximum quantity of 80 each. Army Working Capital Funds (AWCF) will be utilized. Procurement will be issued under Request for Proposal (RFP) W31P4Q-22-R-0014.

3. Description of Supplies/Services: The ACC-Redstone proposes to acquire the following item on an other than full and open competitive basis in support of the AVENGER weapon system. Government will not be obligated to procure in excess of a minimum of 5, maximum quantity of 16 each annually, which will be ordered at the time of contract award. Orders will be issued against the resulting contract as the M&O requirements materialize.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 United States Code (USC) 2304(c)(1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1(a)(2)(ii)(A)&(B), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” Only One Responsible Source. The acquisition will be conducted under a follow-on contract for

W31P4Q-17-D-0025 for the continued development/production of a major system or highly specialized equipment (or major components thereof). Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition or unacceptable delays in fulfilling the requirement.

5. Reason for Authority Cited: The proposed acquisition requires use of the cited statutory authority because the supplies are available only from the responsible source listed below. The approved contractor, designer, or manufacturer of the item is:

L-3 Cincinnati Electronics

7500 Innovation Way

Mason, OH 45040 Contractor and Government Entities (CAGE) Code: 80045

(a). Full screening has been completed which concluded that competition cannot be improved at this time because L-3 Cincinnati Electronics is the original equipment manufacturer and sole developer of the AVENGER FLIR Generation III, NSN: 5855- 01- 518-8691. L-3 Cincinnati Electronics is the only contractor with the necessary knowledge, expertise and experience required to test and repair specified FLIRs within the required turnaround time not-to-exceed 60 days, and deliver the repaired FLIRs that are functionally and interchangeably equal to that of a new item/ Condition Code "A".

Action is being taken to ensure that the deficiencies will be resolved within the next 12 months. Additionally, the Government physically does not own nor have in its possession sufficient, accurate, or legible data to purchase this part from other than the current source.

The current worldwide shortages in the Micro Chip market has caused significant delays in the delivery of the new production contract for GEN III replacement spares by more than 12 months. These delays have put more pressure on the demand for repaired older versions of the GEN III FLIR to meet operational mission requirement for Fully Mission Capable (FMC) available assets to the field. The amount of time required to develop an alternate source cannot be resolved in the near future, that coupled with the current high demand for GEN III FLIRs repaired under this effort will create unacceptable delays and possible impacts to mission readiness.

(b). To implement full and open competition, would require the procurement of the Technical Data Package (TDP) which is owned by L-3 Cincinnati Electronics and a significant portion of a duplicate set of production line Specialized Test Equipment also owned by L-3 Cincinnati Electronics.

6. Efforts to Obtain Competition: A sources sought synopsis outlining this requirement was published SAM.gov on 22 July 2021 with a closing date of 05 August 2021. No sources expressed interest in this requirement. A synopsis outlining this requirement was published in the SAM.gov pursuant to FAR 5.201 on 05 August 2021 with a closing date of 20 August 2021. No responses or interests were received from any sources.

Avenger's End-of-Life is projected to be CY2031. Efforts to modernize have not been supported by HQ Department of the Army. A parallel effort has been conducted in the FLIR production contract through DLA during the FY2020 updates to the FLIR Production contract. This parallel effort exposed that the Avenger FLIR's legacy technology generates no interest from other manufacturers to bid on this effort.

Additionally, efforts to organically sustain through government depot facilities earlier versions have stalled due to obsolescence of the system in its entirety. The low density of the FLIR numbers of repairs, little interest from the industry, and availability of the suppliers are driving the environment where competition is severely constrained.

7. Actions to Increase Competition: The Short and Intermediate Effectors for Layer Defense (SHIELD) Project Office, IM-SHORAD continues to research various FLIR technology providers and assess their repair capability as it pertains to the FLIR component of the AVENGER weapon system. Future repairs will be based on requirements for the item.

8. Market Research: The following techniques were used:

(a). Contact with the following knowledgeable persons in Government and/or industry regarding the commercial nature of this requirement and/or standard industry practices in this area of supplies/services.

(b). The prime contractor, L-3 Cincinnati Electronics designed, developed, and is the current manufacturer of the AVENGER FLIR and maintains the capability and expertise to supply the services under this requirement. The maintenance and overhaul services required are unique to the AVENGER FLIR. No commercial services are available that are capable of meeting this requirement. Based on the above information, it has been determined that items available in the commercial marketplace cannot meet the

Government’s needs; therefore, FAR Part 12 will not be used.

9. Interested Sources: This requirement was submitted for publication in the SAM.gov in accordance with FAR 5.201 as stated in Paragraph 6 above. Any potential sources would have been considered to receive the RFP and to submit the source approval request (SAR) packages. Procedures for submission of SARs were included in the website identified in the SAM.gov release. No other sources have written to express an interest.

10. Other Facts:

a. Procurement history.

Acquisition Data Availability. The extensive technical knowledge and capabilities of L-3 Cincinnati Electronics make it the only company with the ability to comply with the SOW. L-3 Cincinnati Electronics owns the TDP and owns configuration control of the technical documentation for the life of the Third Generation AVENGER FLIR. Since the AVENGER program is in the sustainment phase, and future requirements for production will be sporadic, no present efforts are ongoing to qualify additional sources.

The rights to use the data needed to purchase this part from additional source(s) are not owned by the Government and cannot be purchased, developed, or otherwise obtained. The Government has access to the data but does not own the rights to the data. The rights ownership has been verified through the Project Management Office. There is no cause to contest the ownership of the rights.

Reverse engineering is feasible.

Approval