JNA 2019 SIRFC Redacted.pdf

FOR OFFICIAL USE ONLY

United States Special Operations Command (USSOCOM)

Justification and Approval (J&A)

AN/ALQ-211, Suite of Integrated Radio- Frequency Countermeasures (SIRFC)

September 2018

July 2017 FOR OFFICIAL USE ONLY – J&A No. 18-1402

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: AN/ALQ-211, Suite of Integrated Radio- Frequency Countermeasures (SIRFC)

Component/PEO/Other: Technology Applications Program Office

(TAPO)

Estimated Contract Cost (including options): $493,000,000.00.

Type J&A: (Individual or Class )

J&A No.

18-1402

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

United States Special Operations Command (USSOCOM), Technology Applications Contracting Office (TAKO), AMSAM-SPK, 401 Lee Boulevard, Fort Eustis, Virginia 23604-5577.

2. Description of Action: (FAR 6.303-2(b)(2)) The proposed contract action is a new, follow-on contract for the continued research, development, production and sustainment of the AN/ALQ-211 Suite of Integrated Radio Frequency Countermeasures (SIRFC), a system

This contract will also include Program Management, Engineering Support, Contractor Logistics Support, Material Procurement, Field Service Representatives, and Administration Support. A sole-source Indefinite-Delivery, Indefinite-Quantity (IDIQ) contract with orders issued on a Firm Fixed Price (FFP), Cost-Plus Incentive Fee (CPIF), or Cost Plus Fixed Fee (CPFF) basis is contemplated. Contract is expected to be comprised of one (1) five-year ordering period. Incentives for repairs will be based upon the Contractor meeting pre-established operational availability readiness. The appropriate type of funds will be determined at the time of each task/delivery order award based on the work being performed. Research, Development, Test and Evaluation (RDT&E), Procurement (PROC) and Operation and Maintenance (O&M) funds may be used citing the appropriate Fiscal Year (FY).

The estimated value is as follows:

While the above estimated quantities were used to develop the estimated amount of this IDIQ, the actual quantities may vary from these estimates based on and program office requirements and available funding.

The Government's minimum amount under the contract will be $250,000.00 and will be funded with the initial order. The Government's maximum amount under the contract will be $493,000,000.00.

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

The Government intends to award a new five-year IDIQ contract to Harris Corporation, (formerly Exelis, Inc. and ITT Electronic Systems), 77 River Road, Clifton, NJ 07014- 2099 for the continued research, development, production and sustainment of the

AN/ALQ-211.

The AN/ALQ-211, an aircraft survivability system more commonly referred to as SIRFC and installed on aircraft, is an integrated aircraft aircrews use the AN/ALQ-211 to and provide , The proposed contract includes the following:

a. A contractor depot for repair of the AN/ALQ-211 and all associated equipment, modifications of all Line Replaceable Units (LRU)

b. Field service representative (FSR)

c. User training (pilot/operator and unit/organizational level maintenance)

d. Software support

e. Configuration management

f. Reliability improvement program

g. Administration (program reviews and status reporting)

h. Parts obsolescence support

i. Aviation Unit Level Maintenance (AVUM) and/or Organizational Spares and/or Deployment Support Packages.

j. Sustaining Engineering Support

k. Engineering Change Proposals (ECP)

July 2017 FOR OFFICIAL USE ONLY – J&A No. 18-1402

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))

The AN/ALQ-211 is a critical system required for successful completion of missions.

The proposed acquisition obtains Program Management, Engineering Support, Contractor Logistics Support, Material Procurement, and provides FSR Support for the AN/ALQ-211. The intended source is Harris Corporation, the sole designer and developer of the AN/ALQ-211 that, in addition to possessing unique knowledge and an in-depth understanding of the design and operation of the AN/ALQ-211, continues to maintain intellectual property rights. The use of the cited authority is applicable as Harris continues to assert that it does not intend to relinquish/sell those rights. Consequently, the Government does not own all of the technical data required for sustainment of the

AN/ALQ-211.

The estimated time/cost required to compete and develop alternate sources capable of developing/qualifying/manufacturing a system with the AN/ALQ-211’s capability, as required by and a minimum of depending on the applicability of current software/hardware utilized on a redesigned system. Two similar programs in

, exceed these estimates for modification of a legacy and a new start respectively. Lastly, the time/cost, coupled with the time/cost of integration

, procurement of replacement systems for all existing AN/ALQ-211s is impractical and would negatively impact the ability of to execute the mission.

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

IAW FAR 5.201, a presolicitation notice was posted on the Federal Business Opportunities (FBO) website on 25 September 2017 and updated and re-posted 15 Aug 2018. There were no responses to the notice.

Acquisition History: The Army Communications and Electronics Command (CECOM) competitively awarded a contract to ITT in September 1990 for two advanced development prototypes of the currently known as the AN/ALQ-211. The AN/ALQ-211 engineering and manufacturing development (EMD) contract was awarded to ITT, the only offeror, by CECOM in 1994 after a full and open solicitation. Four contracts have been awarded since 1994: USZA95-01-D-0006, H92241-06-D-0001, H92241-09-D-0003, H92241-14-D-0006.

Prior to the original AN/ALQ-211 EMD contract in 1994, Harris had invested private funding to initiate design and development of the system. Harris consequently asserted that portions of the intellectual property had either limited rights or proprietary rights.

This assertion was recognized by the Government and incorporated in the contract.

Pre-solicitation notices have been posted as part of market research prior to award of each of the previous contracts. The Government continues to pursue the purchase of proprietary rights for SIRFC. Harris, the manufacturer of the AN/ALQ-211, continues to maintain that it does not intend to relinquish those rights. Harris was contacted on 9 October 2018 and by letter dated 17 October 2018 from Harris’ Contracts Manager, Harris reiterated and remains unwilling to sell data rights to the Government. The Program Management Office will continue to assess opportunities for gaining additional rights in the technical data and computer software when judged cost effective and advances the program requirements.

IAW DFARS 206.304(a)(4)(S-70)), a copy of the previous J&A No. 13-06, signed 6 May 2013 and subsequent Amendments 1 and 2, signed 7 August 2017 and 18 September 2018 respectively, are included with this J&A.

The Government will continue market research throughout this contract to identify other potential sources.

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

Market research indicates effective competition is not anticipated for this effort. As stated in section 6 above, Harris maintains sole proprietary rights for SIRFC and does not intend to relinquish those rights.

IAW DFARS PGI 206.302-1(d), a Sources Sought notice for ALQ-211(V)2, ALQ- 211(V)6, & ALQ-211(V)7 Suite of Integrated Radio Frequency Countermeasures (SIRFC) system program management, engineering support, contractor logistic support, material procurement, field service representatives (FSR), and administrative support was posted to the Federal Business Opportunities (FBO) on 19 April 2017 and 15 May 2018. Harris Corporation (Harris) was the only respondent to the sources sought. No other responsible vendors that can satisfy the Government’s requirements responded.

Market research included reviewing information obtained during previous market research and conducting internet research. Internet research was conducted during May 2017 through September 2018 for the purpose of obtaining sources that potentially have the technology, qualifications and capability to provide, troubleshoot, repair and fabricate AN/ALQ-211 components as well as provide engineering support for AN/ALQ-211 hardware and software. Other than Harris, no other vendors with the necessary technology, qualifications and capability of meeting Government requirements were identified.

A July 2017 database review identified no vendors capable of satisfying the Government’s requirement.

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

None.

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

No other potential sources indicated an interest in writing.