Delta_Griffin_J&A_21_Mar_18_FINAL_(redacted).pdf

United States Special Operations Command (USSOCOM)

Justification and Approval (J&A) for Additional Griffin Missile Procurement and Support

21 Mar 2018

– J&A No.

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

Authority: (10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1)

Project/Program Name: Additional Griffin Missile Procurement and Support.

Component/PEO/Other: PEO-FW.

Estimated Contract Cost (including options): $315M Maximum Contract Ceiling Value.

Type J&A: (Individual or Class )

J&A No.

Generated when entered in log

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

HQ USSOCOM, SOF AT&L-K, 7701 Tampa Point Blvd., MacDill Air Force Base, FL 33621-5323.

2. Description of Action: (FAR 6.303-2(b)(2))

Approval of this document will authorize a new sole source, single award, Indefinite Delivery, Indefinite Quantity (IDIQ) contract to Raytheon Company Missile Systems (hereafter referred to as Raytheon), 1151 E Hermans Rd, Tucson, AZ 85756-9367 for the procurement of additional Griffin missiles and related support as required over five ordering periods covering calendar years (CY) 18 through 22 with a maximum ceiling value of $315M.

In Aug 2017, the Air Force Life Cycle Management Center (AFLCMC), Rapid Acquisition Cell, Eglin AFB in support of USSOCOM awarded an IDIQ contract to Raytheon for the procurement of Griffin missiles, equipment, and engineering and logistics system support. The IDIQ enables AFLCMC to order (on USSOCOM's behalf) up to 800 missiles per CY through Aug 2022. Following award of the IDIQ contract, the Secretary of Defense (SECDEF) provided guidance to the DoD to maximize munitions production, which exceeds the limits of the AFLCMC IDIQ contract. Therefore, USSOCOM has a need for this “delta” IDIQ contract to procure the additional Griffin missiles necessary to maximize munitions production in accordance with (IAW) the SECDEF’s guidance.

The IDIQ contract will include Firm Fixed Price (FFP) CLIN structure for missiles and a Cost Plus Fixed Fee (CPFF) CLIN for related support not already covered by the AFLCMC IDIQ contract. The IDIQ contract will result in delivery and task orders funded via multiple appropriations: Procurement (PROC), Research, Development Test and Evaluation (RDT&E), and Operations and Maintenance (O&M) of multiple fiscal years (FY) over the life of the contract. The primary appropriation for missiles will be PROC.

Task orders may be placed with RDT&E appropriations to support product improvements and integration activities. The operations and sustainment support task orders will primarily be funded with O&M. The estimated breakout of funds by FY are shown in the table below:

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

The Government’s requirement consists of a 50 lb class powered missile capable of being employed from fixed wing and rotorcraft air platforms using both internal and external carriage. The missile shall be employable from the Common Launch Tube (CLT) and be compatible with both internal and external carriage. It shall be delivered in the CLT ready to load and employ, no field assembly or maintenance required. It shall be available with and without real time missile health and status telemetry transmission.

The missile shall be lethal against people, in any position and moving, in the open, in vehicles (fixed, maneuvering, speeds exceeding 60 mph, non-armored). The missile shall include an operator-selected fuze mode; air burst or contact with delay capability and shall be employable using the Standoff Precision Guided Munition (SOPGM) Battle Management System (BMS) from any carriage orientation. Reliability shall be greater than 90% based on 100 or more operationally relevant employments and accuracy shall be less than two meters, with 90% or better Circular Error Probable based on 100 or more operationally relevant employments. The missile must be in production and qualified for employment from fixed wing aircraft with initial delivery of combat ready missiles within 10 months of a contract award. Combat ready includes:

- Production missiles employable from CLT.

- Sustainable delivery rates of 60 or more missiles per month.

- Certified by Government airworthiness authority and AF Non-Nuclear Munitions

Safety Board NNMSB for employment from C-130 vertical and aft launch, AC- 130W, AC-130J, and Cessna Caravan (side launch from cargo door).

- Final hazard classification tests complete and data available to the Government.

- Support equipment and tech data available to the Government. This includes transportation, handling, storage, employment (-34 format), crew training material, and Explosive Ordnance Disposal (EOD) technical data

The Griffin missile meets all of these requirements as proven by the deliveries under the AFLCMC IDIQ. The current production rate of Griffin missiles is 60 missiles per month.

Per Raytheon, the addition of a second shift would allow for an increase in production to 95 missiles per month (1,140 per year) with no additional non-recurring engineering (NRE) investment. Minor NRE investment in additional equipment would allow for an increase in production to 120 missiles per month (1,440 per year). Additional increase in production above 120 missiles per month would require substantial facility investment and NRE. Therefore, USSOCOM has determined the maximum capacity for Griffin production within current production facilities is 1,440 missiles per year. As stated above, the AFLCMC IDIQ allows for a maximum order of 800 missiles per year so it is anticipated this SOCOM IDIQ will enable USSOCOM to order the delta 640 missiles per year through CY 22.

The AFLCMC IDIQ also allows for task orders to be issued for engineering and logistics system support. However, it is necessary to include support task orders under this IDIQ specifically for product improvements and integration activities (e.g., data link integration, etc.). It is not anticipated that operations and sustainment support task orders will be necessary under this IDIQ since they should be covered under the AFLCMC IDIQ through Aug 2022. However, this does not preclude the use of the SOCOM IDIQ for operations and sustainment support task orders if necessary.

4. Authority Cited: (FAR 6.303-2(b)(4))

10 U.S.C 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

Subsection 1: In 2005, under an Advanced Concept Technology Demonstration beginning in 2005, USSOCOM established the SOPGM architecture for integrating weapons onto Special Operation Forces platforms. The SOPGM architecture sets functional and physical interfaces, making it possible to incorporate contractor-developed munitions.

At this time, there is no viable alternative to the Griffin that meets the powered SOPGM requirements.

Therefore, the Griffin missile is the only known weapon that can currently meet USSOCOM's requirements for powered missiles employed from the SOPGM architecture and Raytheon is the only company that is qualified to produce Griffin missiles. The Griffin missile was developed by Raytheon using corporate internal research & development funding. Raytheon is the designer, developer, and sole qualified producer of the Griffin missile. The missile meets safety certifications established by Department of Transportation (DOT), Federal Aviation Administration (FAA), military service safety boards, and the airworthiness authority for host platforms.

Since Raytheon developed the Griffin missile at its private expense, Raytheon owns all rights to the technical data.

Subsection 2: USSOCOM believes that award to any other source would result in unacceptable delays and substantial cost in fulfilling USSOCOM requirements based on the time and cost it took to integrate, qualify, and field (both initial and full fielding) the Griffin missile, which was production ready and required no redesign.

The conclusion of the market research is that it does not meet the requirements and is not currently a viable competitor or replacement for the Griffin.

Subsection 3: It is logical that the producer of the missile would not qualify or authorize another contractor to conduct product improvements and integration activities or provide operations and sustainment support for that missile. Therefore, the required support to be provided under this IDIQ are logically only available from Raytheon as well.

Subsection 4: Accordingly, Raytheon is the only responsible source and no other supply will satisfy requirements without USSOCOM experiencing unacceptable delays and substantial cost.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

A request for information (RFI) was publicized from 26 Feb to 8 Mar 2018 as required by DFARS PGI 206.302-1(d). The results of this inquiry are discussed in Section 7 below.

Additionally, a presolicitation notice was publicized from 9 to 19 Mar 2018 as required by FAR 5.2. The presolicitation notice disclosed USSOCOM’s intent to sole source the requirement to Raytheon. No interested parties other than Raytheon responded to either the RFI or the presolicitation notice.

USSOCOM has and will continue to monitor industry and Government munition development activities and will pursue competition when a viable competitor matures to a combat ready status. Additionally, USSOCOM will continue to conduct assessments of other weapons that have the potential to meet the needs of the warfighter.

USSOCOM is promoting competition by providing interested contractors the SOPGM architecture interface requirements and maintaining a “carry-on” SOPGM carriage, release, and battle management capability to support flight demonstration of non-developmental items on commercial or military aircraft. This enables interested contractors to design, develop, and/or mature their unique solutions IAW the interface requirements thereby increasing the possibility that their unique solutions could become a competitor to the Griffin missile. However, the onus is on the interested contractor to pursue the design, development, and/or maturity effort on its own as the Griffin program is a Commodity Procurement Project (CPP) IAW USSOCOM Directive 70-1 per the Acquisition Decision Memorandum. (NOTE: A CPP is used to procure non-developmental munitions that are characterized as usable in the purchased condition.)

Additionally, USSOCOM intends to conduct a fly off competition in 2021 for next generation SOPGM weapons.

USSOCOM has considered acquiring the data rights for the Griffin missile however it would be cost prohibitive to acquire them, assuming Raytheon would be interested in selling them. The estimate to acquire the data rights is approximately based on Raytheon having invested over in development and transition to production and then an additional investment in the MEWS warhead and Block 3 seeker.

7. Market Research: (FAR 6.303-2(b)(8)).

As stated in Section 6 above, an RFI was publicized from 26 Feb to 8 Mar 2018 as required by DFARS PGI 206.302-1(d). The RFI included the requirements listed in Section 3 and invited interested contractors who believe they are capable of providing a product that meets those requirements to respond to the notice by providing a detailed capabilities statement. Raytheon was the only contractor to submit a response to the

RFI.

The Technical Industrial Liaison Office (TILO) database was reviewed as a part of this market research. Lockheed Martin’s Nemesis missile was found but as discussed earlier in Section 5, the missile does not currently meet requirements. No other capabilities found within the database meet the requirements.

Additional market research based on subject matter level expertise and extensive examination of current munitions market was also accomplished. The conclusion of that market research was the Griffin missile remains the only powered missile that meets the requirements.

8. Other Authorities/Factors: (FAR 6.303-2(b)(9))

None.

9. Interested Sources: (FAR 6.303-2(b)(10))

Raytheon Company Missile Systems, P.O. Box 11337, Tucson, AZ 85734-1337.

No other potential sources indicated an interest in writing.

10. Technical and Requirements Certification: (FAR 6.303-2(c))

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief:

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on cost and price analysis and comparison to the independent Government estimate, etc. Certified cost or pricing data will be required.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. Contracting Officer Certification: (FAR 6.303-2(b)(12))

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

13. Legal: SOFARS 5601-1

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

14. Agency Advocate for Competition (AAC): SOFARS 5601-1

I have reviewed this document and find the J&A adequate to support other than full and open competition:

15. Approval: (HCA Over $13.5M to $93M or SPE Over $93M )

In accordance with DFARS PGI 206.304(a)(S-70)(ii) and based upon the foregoing justification and a review of the planned actions to remove any barriers to competition cited on the previous justification, I hereby determine that the planned actions were completed. Accordingly, I hereby approve the procurement of additional Griffin missiles and related support in the estimated amount of $315M. The requirement will be released via email solicitation direct to Raytheon on an other than full and open competition basis.

The actions pursuant to this J&A are subject to the availability of funds and the completion of all required statutory and regulatory reviews and approvals.

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