GR_USON_JA_051420_FINAL-Redaction.pdf

UNITED STATES MARINE CORPS

MARINE CORPS SYSTEMS COMMAND

2200 LESTER STREET

QUANTICO VIRGINIA 22134-5010

IN REPLY REFER TO:

Code: CT 2.2

J&A No. 20,170

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Marine Corps Systems Command (MCSC)

Portfolio Manager (PfM) Command Element Systems (CES)

Program Manager Communication Systems (PM CS), Ground Radios (GR) Team

2200 Lester Street

Quantico, VA 22134

2. Description of the Action Being Approved.

The use of other than full and open competition to award a commercial sole source, firm-fixed price contract to procure an Army / Navy Portable Radio Communications 161 (AN/PRC-161)

Handheld Link-16 system (hereafter referred to as HHL-16) with ViaSat, Inc. (hereafter referred to as ViaSat), 6155 El Camino Real, Carlsbad, CA 92009.

3. Description of Supplies/Services.

MCSC received an Urgent Statement of Need (USON) on 13 March 2020 from the Deputy

Commandant (DC), Combat Development and Integration (CD&I). The USON tasked MCSC to procure a handheld system that can, along with other components, connect to the Link-16 network. Under the section “Justification and Urgency,” the USON stated that I Marine

Expeditionary Forces (MEF) required this capability prior to deployment on 23 March 2020. As a result, system delivery was required no later than 20 March 2020, along with Field Service

Representative (FSR) support for 12 weeks from date of contract award. This period of performance satisfies the requirement of FAR 6.302-2(d), which states that the period of performance may not exceed one year, including all options. The following items comprise the

HHL-16 system and were procured on 13 March 2020:

Description Quantity

Small Tactical Terminal (STT) 4

Antenna L-Band Mobile kit 1

Miniature Move Out Jump Off Kits for STT 3

PRC-161/HHL-16 Rev 3 – with radio, rechargeable battery, Link 16 Antenna, and Global Positioning System

Antenna

Battlefield Awareness and Targeting System-

Dismounted (BATS-D) Hotshoe Universal Serial Bus

Cables cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight

BATS-D Hotshoe Ethernet Cables 30

BATS-D Hotshoe Net Warrior Cables 30

Lithium Ion Batteries 30

Battery Chargers 4

FSR - 15th Marine Expeditionary Unit 12 weeks

Based on the Independent Government Cost Estimate, the total estimated dollar value for this procurement is $2.7M. The funding profile is illustrated in the following table. The type and year of funding planned for this effort is Fiscal Year (FY) 20 Procurement, Marine Corps

(PMC).

APPROPRIATION FY20 TOTAL

PMC 2.7M 2.7M

4. Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting use of other than full and open competition is 10 United States

Code (U.S.C.), Section 2304(c) (2), as implemented by the Federal Acquisition Regulations

(FAR) Section 6.302-2, “Unusual and Compelling Urgency.”

5. Rationale Justifying Use of Cited Statutory Authority.

In the USON received 13 March 2020, DC, CD&I directed that I MEF deploy with a hand held system that connects to the Link-16 network; this direction was received one week prior to deployment. Prior to this, the HHL-16 capability has not been used by Marines. Possessing the capability to connect to the Link-16 network allows Marines to participate in the Joint Air

Common Operational Picture, which is the Commandant of the Marine Corps Top Priority and is reflected in his planning guidance. Leveraging this capability will assist the Marine Corps in supporting the National Security Strategy.

The I MEF deployment date of 23 March 2020 necessitated a system delivery date no later than

20 March 2020. Delay in contract award and failure to provide this capability prior to deployment would result in the unit being unable to connect to the Link-16 network that fuses joint air, maritime, and ground assets.

Based on market research conducted, ViaSat is the only vendor that currently provides the patented HHL-16 system meeting the National Security Agency (NSA) Communication Security

(COMSEC) Modernization Initiative, Current Multi-Network 4, and Current Multi-Reception specifications.

The GR team procures multiple radio systems to support the primary operational voice and data communications requirements for mounted and dismounted forces. GR procurements enable joint interoperability and mobile networking, and support secure communications as outlined in

Chairman of the Joint Chiefs of Staff Instruction 6510.02D of 15 October 2010, Cryptographic

Modernization Planning. The Marine Corps has unfulfilled operational requirements to fuse joint air, maritime, and ground assets into a common operational picture for command and cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight cori.kirkbride Highlight control/situational awareness/fires (C2/SA/F). The HHL-16 network provides this capability between hand-held systems and other components. Specifically, it enables broadcast maneuver

Precise Participation Location and Identification, maintains real-time ground and air situational awareness, and synchronizes assets across the warfighting domains to shorten the kill chain in support of Expeditionary Advanced Basing Operations within the United States’ INDO-

PACIFIC Area of Responsibility. The STT component of the HHL-16 bridges the gap between the ground and air forces by communicating on multiple channels simultaneously. It provides low probability of intercept and low probability of detection communications for ground forces to communicate directly with joint pilots, and precise position and location information for any firing agency to maintain near real time situational awareness of friendly forces. Low probability of intercept and low probability of detection is a paramount concern for the warfighter. Our adversaries’ current technologies are capable of identifying, locating, and intercepting friendly radio transmissions. This represents a significant threat to Marine Corps forces since these technologies are becoming more economical, allowing more agencies to acquire them, deliver unattributed fires, and attack Marine forces.

DC, CD&I directed use of the HHL-16 because, if the HHL-16 capability were not procured, the impact to the Marines mission would be executed slowly, kill-chains would be increased, and ground communication for air to ground targeting would not be as effective. Radios that are currently used by Marines have a higher probability of detection and interception, placing

Marine lives at risk. Further, the HHL-16 capability allows direct communication between ground forces and pilots, particularly joint pilots (non-United States Marine Corps). This allows ground forces to obtain exact information as it unfolds rather than relying on the pilot’s vantage point and information. Without the enhanced C2/SA/F, the risk to the lives of Marines is increased.

Procuring HHL-16 from ViaSat is in the best interest of MCSC based on the urgent and compelling need identified in the USON and available sources.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

The Program Office conducted market research and identified ViaSat as the only vendor that can meet this requirement. The HHL-16 capability is typically located in terminals found in a range of platforms, including aircraft, surface ships, ground vehicles, missile defense systems, networked weapons, and command and control networks, but not handheld radios. Based on open source marketing material and participation in multiple Department of Defense waveform, COMSEC and communication working groups, the GR engineering subject matter expert was able to determine that ViaSat is the only company producing a Link 16 terminal in a handheld radio configuration that meets the Marine Corps requirement.

Not only is ViaSat the sole provider of the HHL-16 capability, it is the only company that currently holds the required NSA certifications. Any other vendor would require time to obtain the required NSA certifications to provide this capability. This process would add an additional layer of cost not recoverable through competition and create unacceptable schedule delays, making it impossible to meet the USON requirement to provide this capability to support the

Marine Corps mission.

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7. Determination of Fair and Reasonable Cost.

The items acquired in this action were determined to meet the definition of a commercial item consistent with FAR 2.101. In accordance with FAR Part 15.403-1, (b) (3), certified cost or pricing data were not required. Therefore, the contracting officer determined pricing to be fair and reasonable in accordance with FAR Part 15.404-1, using price analysis techniques including:

(1) comparison of proposed prices to historical prices paid by other services; (2) comparison of proposed prices with independent government cost estimate amounts; and (3) comparison of proposed prices obtained through market research for the same or similar items.

8. Actions to Remove Barriers to Future Competition.

At this time, there are no plans for a follow-on procurement; however, this radio system currently represents the only solution in the market capable of connecting to the Link-16 network. If the need arises to procure additional HHL-16 radios in the future, the program office will conduct additional market research to determine if there are any other viable solutions in the marketplace.

CERTIFICATIONS AND APPROVAL

TECHNICAL AND REQUIREMENTS CERTIFICATION:

I certify the facts and representation under my cognizance, which are included in this justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

Harry Downey Phone Date

Program Manager, Communications Systems (PMM 162)

LEGAL SUFFICIENCY REVIEW:

*Legal review waiver was requested and granted; please see Memo for Record and Director of

Contracts email.

CONTRACTING OFFICER CERTIFICATION:

I certify that this justification is accurate and complete to the best of my knowledge and belief:

Jodie Shifflett Phone Date

Contracting Officer

Communication Systems

COMPETITION ADVOCATE APPROVAL:

Johany M. Deal Phone Date

Director Of Contracts

Marine Corps Systems Command cori.kirkbride Highlight