FBO_Redacted.pdf

FOR OFFICIAL USE ONLY

United States Special Operations Gommand (USSOCOM)

Justification and Approval fJ&AI Liqht Weioht Electro-Optical Svstem.

Sustai nment Support Contract

May 2015

FOR OFFIC¡AL USE ONLY - J&A No. 15-529

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

J&A No, 15 - 529

Project/Prog ram Name: ANZSQ-3(V) L ig ht Weig ht E lectro-Optlcal Sensor System (EOSS), Sustainment Support Contraot.

GomponenUPEO/CIher: Tech nology Appl icatio ns P rog ram Offlce (TAPo).

Estimated Contract Cost $17, 119,674.

Type J&A: lndividual

United States Special Operations Command (USSOCOM), Technology Applications Contracting Office C[AKO), AMSAM-SPK, 401 Lee Blvd., Fort Eustis, VA 23604-5577

The Government proposes a follow on contract for suslainment support, consisting of one twelve month base and six twelve month ordering periods, A cost and fixed-price, hybrid indefinite delivery indefinite quantity (lDlO) contract is anticipated at this time.

The acquisition is programmed to utilize FiscalYear (FY) 2016 Operations and Maintenanoe (O&M) funds for the base year of the contract end FY 2017 through FY 2023 O&M funds as appropriate for each Ordering periods. ln addition, there wlll be CLINs within the contract that are intended to be funded with both Procurement and Research, Development, Test, and Evaluation dollars and will be funded with the appropriate FY funding at the time of task order award. The contract will be awarded as a new contract under Solicitation H92241-15-R-0009.

requirement is to provide Life Cycle Contractor Support sustainment of United States Army, ANIZSQ-SM Electro-Optical Sensor Systems (EOSS), covering the (V)1 and (V)2 variants. The AN/ZSO-3(V)2 includes a Laser Designator (LD) and Line Replaceable Units (LRUs). The anticipated period of performanæ forthis contract is 1 January 2016 through 31 December 2023 with seven (7), 12-month ordering periods. The actual task period of performance or delivery fora each individualschedule will be order. ïhe

FOR OFFICIAL USE ONLY - J&A No, 15-529 xæt xæ2 x@l xæ{ x@s xæ6 xcDT xm8 contractor thls effort is FLIR Systems lnc., 25 Esqulre Road North Billerica, MA 01862-2501. The Speclal Operatlons Aviation Regiment (SOAR) contracl support will include depot-lewl maintenance support and repair, spare and repair parls management, life-cycle sustainment, programmatic support, technical guídance, a Reliability lmprovernent Program, supply chain management, on-site customer service support, source of technical data for publications and training, support and test equipment maintenance and on-site training for unit personnel. The suppod will be provided at fixed locations wilhin the continental United States. on a 24 hour 'over the shoulde/ basis and on-site, worldwide technical support within 48 hours of notification.

b. The ptatform to be supported is *" Iaircraft.

c. This CLS effort will be stt¡ctured in a Base contractwith six 12-month ordering periods, providing support from FY 2016 to FY 2023. The estimatcd dollar value is shown on ths following List:

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X 10 U.S.C 230a(c)(1), Only One Responsible Source and No Oürer Supplies or Services Will Satisfy Agency Requiremenb, as implemented by FAR 6.302-1

Appllcabllity: There is reasonable basls to conclude that the mlnlmum needs of the user can only be eatlslied by the unlque supplies and servic€s available from only one souroe. The Government does not possess the required level of eng software documentation necessa to and for thethe

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FOR OFFICIAL USE ONLY - J&A No. 15.529 lnc. ls the deslgner, developer, and orþlnal equlpment manufacûurer (OEM) of theANÍZSO-3M LlghlWeight, Electro-Opt¡ca|qqllqrSystem wlrlch ere çurenüy installed on the Army SpeciatOperallons Aviation frotary wing aircraft. As the OEM, FLIR Systems lnc. owns all the proprieûary data rights for the design, development and manufach¡re of the ANÍZSO-3M EOSS. On May 18, 2015, FLIR Systems lnc. stated that they are notwilling to sell these proprietary ñghts, data packages or anytechnical data to any competitor or to the Govemment.

FAR 6.302-f (aX2Xi¡iXB) exempts actions from competition when the time associated with creating competition would Gaus€'unacceptable delays in fulfilling the agency's requirement" The time, efiort, and training requlred for a new vendor to become qualllled at FLIR Systerns lnc.'s level of erperüse ls estlmated at two years. This tirne gap will cause a negative impact on the mission-critical support for these systems.

Attempting to duplicate FLIR Syetems lnc. proprietarytechnology and data will constltute a substantial duplicatbn of cost to the Govemment that it is not expected to be recovered through competition. The cost incuned bv the Govemment to develop, intEgrate, test, andiual¡fy ihe Q-3 EOSS exceededf lf a singl+souroe strategy wes not supported forthis effort, peat much of the acquisition efforts accomplished program history, the totalestimated cost to compl xcess

"f I

3M EOSS. FL|R

¡. Notice H92241-15-R-0009 was publlcized on 30 March 2015 as required by FAR

5.2. The notice closed on 14 April 2015 with no Þsponsas from potential vendors.

b. Aoqulsltlon Hi¡tory:The FLIR System Ino. ANÍZSO-SM EOSS production oontracl yvas awarded and began fielding with the Platform ln 2006. GLS Contract H92241-1&D-0007 was awarded ln 2010 to provlde Lffe Cycle Contractor Support to the 160th SOAR (A) for a frve year perlod. A 6 month extension will be completed ln accordance wlth FAR 52.217-9 no later than 30 June 2015 to ensure adequate effort for integntion of the production and sustainment conhacts and proper dwelopment time for this 7-year LCCS.

c. Acqulslüon Forcc¡at The maiority of the technicaldata rights are proprietary to FLIR therefore the Government does not have sufficient data righb or the abilþ to obtain these rights b share with other competitors to perform repair and maintensnoe.

It would not be practical or cost efrective for the Govemment to obtain the data rights for the AN/ZSO-3M EOSS and likewise to retool, equip, and provide additional shop and hangar space for an additional vendor to support eithe¡ the (V)1 or (V)2 variante individually. (See seclion 5, above.)

d. Fuh¡ro Competitlon: The Gorærnmcnt will continuc to synopsize and make public this iremcnt vla Fcd should other rrendors in the future

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FoR OFFICIAL USE ONLY - J&A No. 15-529 to the posting they will receive due consideration as required by law. Currently, it is not envisioned that the ANIZSQ-3 EOSS sustainment will be a candidate for competition.

As technology and requirements advance, and thle EOSS becomes obsolete, the next generation of EOSS and software will be evaluated as a candidate for competition as would the sustainment support requirement.

Market research was conducted on January 2015, as defined in FAR 10, to determine if other qualified sources capable of satlsfying the Govemmenfs requirement exist. FLIR Systems lnc. is the only contractor capable of accomplishing the work in this contract.

TAPO conducted an online database search of the Thomas Register to identiff new sources available for this effort. Company profiles such as Honepvell Aerospace, ARINC Products and Seruices, Parker Hannifin Corp. were identifled, however, none of these candidates, forthe reasons cited above, possess the ability to perform the life rycle support sewices required. No other viable sources were identified as a result of uslng this method. Additionally, the USSOCOM Technlcal lndustrial Liaison Office and lDlQ databases were reviewed as part of this market research and no eligible contracts or contractors were found. All of the above avenues of rnarket research indicate that no other firms are cunently capable of performing this requirement.

No other potentialsources have indicated an interest in writing.

None

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY - J&A No. 15-529

I certlfy that the suppoillng data under my cognizance which are lncluded in the lustlflcatlon are accurate and complete to the best of my knowledge and belief, Z? øpt 7ot f

DATE

Project Manager

Technology Applications Program Office

I hereby determine that the anticipated cost or prlce to the Govemment for this contract action will be falr and reasonable based upon use of cost and price analysis, technical evaluation, tield pricing assislance, and negotiation, CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN TH toN.

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

DA

Contracting Otfioer

Technology Applications Contracting Office

FOR OFFICIAL USE ONLY - J&A No. 15.529

I have reviewed thls document and find the J&A

L7- nn7 2Ð r{

DATE

Atlomey-Advlsor legally sutficlent lo support oher than fulland

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I FOR OFFICIAL USE ONLY - J&A No. 15-S2e o

I have reviewed this document and concur wlth ihe certif¡catlons of the

AMCOM Dlrector, Special Programs (Avlation)

Counsel Proþct

I have reviewed this document and concur with the certifications of he

Tuap- L)1, DATE

Projec't

Chief, Technology Applications Contract Offlce

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FOR OFFICIAL USE ONLY - J&A No. 1S-S29

I have reviewed this document and lind the J&A adequate to support other than full tl ¡c tr

DATE

USSOCOM Competition Advocate General

FOR OFFICIAL USE ONLY-J&A No. 15-s29 lased upon theforegoing justilicatlon,l hereby approve the procurement of FLIR Systems lnc. Al{ZSQ-s EOSS, Sustalnrnent Suppofl Contrabt in the estimated amount of $17,119,674. The requirement will be released under solicitation HgZ241-and open competition basis. The action(s) pursuant to

DATE

/l of andfunds the allofcompletion required and rovals.app

Colonel, U.S. Alr Force

Director of Procurement

FOR OFFICIAL USE ONLY - J&A No. 1s-s29