Justification_for_Exception_to_Fair_Opportunity.pdf

DMEA #18.19

Justification for Exception to Fair Opportunity for

Advanced Technology Support Program IV (ATSP4) lndefinite Delivery / lndefinite Quantity (lD/lQ) Task Order Contract

!. Agency and Contracting Activity: Office of Secretary of Defense, Defense Microelectronics Activity (DMEA)/ MEEB Contracting Office Justification for an Exception to Fair Opportunity in accordance with 16.505(bX2).

ll. Nature andlor Description of the Action Being Approved:

This is a new task order under the basic IDIQ contract HQ0727-16-D-0006 (Raytheon) for CET 18-8'18, Upgraded Early Warning Radar (UEWR) Array Group Driver (AGD) Analysis and lntegration. The purpose of this task is to fabricate AGD cabinets, verify, validate, integrate, and install the cabinets into an operational environment at four UEWRs to increase reliability, availability, and maintainability.

lll. Description of the Supplies/Seruices Required to Meet the Agency's Needs (including the total estimated value, including options, if any):

This effort will (1) identify site-specific integration challenges for the remaining four UEWRs; (2) Build ten more F3l AGD cabinets using the same design and then test, verify, and validate them; (3) lntegrate and install the upgraded AGD cabinet(s) into the four remaining operational UEWR sites (does not include Beale) and at the Government's System Programing Agency (SPA); (4) Provide a mechanical switching mechanism to allow switching between the on-line operational AGD and the test cabinet; (5) Update software required to install and test the new AGDs; (6) Deliver a Level lll Technical Data Package (TDP) and a new Technical Order (TO); (7)

Provide training; and (8) Provide material for a 1O-year AGD cabinet life span.

lV. Identification of the Exception to Fair Opportunity (Authority Cited):

FAR 16.505(bXl )(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(bX2Xi)B.

FAR 16.505/b)AOB), Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or servlces ordered are unique or highly specialized.

Raytheon was the performer on the currently-executing FY15 AGD Cabinet Refurbishment ATSP3 lDlQ Contract H94003-04-D-0006, Task Order 0351 (CET # 15-52q. This FYl5 task was posted for ATSP3 fair opportunity and will deploy two qualified refurbished Array Group Driver (AGD) cabinets to the operational UEWR at Beale AFB, CA. The FY15 AGD Cabinet Refurbishment task (CET # 15-520) received two GFE AGD cabinets and performed obsolescence analysis and reversed engineered Form Fit Function and lnterface (F3l) replacement electronics. lt will then integrate and install the two refurbished cabinets into an operational

DMEA #18.19

environment at the Beale UEWR

Raytheon applied unique and highly specialized skills to the AGD Cabinet Refurbishment task, and need to build upon these efforts to make the UEWR AGD Analysis and lntegration task successful. No other acquisition strategy can economically build, test, integrate and install the ten F3l AGD cabinets into the remaining UEWRs using the design coming out of the FY15 AGD refurbishment task.

. Raytheon has knowledge of this process based on the refurbished cabinets they are installing at Beale under CET # 15-520. Raytheon will seamlessly leverage the same team in a timely manner. Since the use of another vendor is untenable, as cost and schedule goals cannot be realistically met, one capable source acquisition strategy is the appropriate contracting approach to meet the warfighter's need in the ever-evolving national security threat environment.

V" FAIR AND REASONABLE COST DETERMINATION:

"l hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable." Actions to insure reasonableness of the price will be accomplished using procedures and criteria contained in FAR 15.4. Cost and pricing data will be requested. Detailed documentation and justification of price reasonableness will be set forth in the Price Negotiation Memorandum.

NAME: Samantha Plank

TITLE: Contracting Officer

Vl. Additional Fact Supporting this Justification:

The Ballistic Missile Early Warning System (BMEWS) and the PAVE Phased Array Warning System (PAVE PAWS) were designed and developed by Raytheon lntegrated Defense Systems in the late 1970s. They are the Original Equipment Manufacturer. Three of these radars were upgraded to UEWRs in the early 2000s by Raytheon. The final two sites will become UEWRs in the next few years to satisfy the growlng missile defense mission. Nevertheless, the radar's front-end prime mission equipment such as the AGD cabinets have not been touched. Now, components are obsolete and are no longer available to repair and maintain the cabinets. The AGDs function is highly specialized in amplifying RF energy and sending it to the radar's antenna arrays. Due to the AGD's unique functionality, a new contractorwould not be able to perform the analysis, integration, and installation efforts in an economicaland efficient manner.

Lastly, independent government analysis of the work to be performed under the FY18 task (CET 18-818) determined that the use of vendors other than the incumbent would prove to be both cost and schedule

DMEA #18-19

prohibitive. A different vendor will have to complete their design, qualify their design, and will have to set up and qualify an assembly line to build their AGD cabinets. Significant prerequisite knowledge of the AGD's function and deslgn work performed under CET # 1 5-520 is required for execution of the work. Thus, this analysis considers the use of another vendor untenable, as cost and schedule goals cannot be realistically met.

Vll. Actions to Remove or Overcome Any Barriers that Led to this Exception to Fair Opportunity.

The current task, H94003-04-D-0006 CET # 15-520 for the FY15 AGD Cabinet Refurbishment, was posted for ATSP3 fair opportunity; providing opportunity for other contractors to be considered for award. The current contractor (Raytheon) was the only contractor to respond.

VIII. CONTRACTINGOFFICERCERTIFICATION:

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

NAME: Samantha Plank

TITLE: Contracting Officer lX. TECHNICAL or REQUIREMENTS CERTIFICATION:

"l 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."

NAME: Glenn Natsuhara

TITLE: Proiect Enqineer

JUSTIFICATION REVIEW DOCUMENT FOR OTHER THAN F'ULL AND OPEN COMPETITION

EXCEPTION TO F'AIR OPPORTUNITY

CET or SOW No.: l8-818 project 11u-". UEWR Array Group Driver (AGD) Analysis and Integration

Prepared By (Project Engineer/Technical):

Glenn NatsuharaName (type or print):

Project EngineerTitle:

Signature

Contract Specialist:

Name (type or print

Signature:

Telephone:

Date:

Contracting Officer:

Name (type or print): samantha Plank

Signature:

Project Engineer/Technical Supervisor:

Name (type or p.int):

I have reviewed this .I& A anrl fin<l the justification adeouate to sunnort other than full and open comDetition

Office of Counsel (Req' d > $ 5 00 K).

Name (type or print):

Deputy General Counsel

Signature:

Name (type or print;; caren Jackso'

Title: Contracting Policy & Compliance Branch Chief

Signature:

stems Branch Chief

Sr Procurement Analyst(ft eq 'd on all J&As):

DMEA Exception to Fair Opportunity

Contracting Branch Chief (ATSP or Operations) (Req'd on all J&As)

Name (type or print):

Name (type o. p.irrt), Title: Contracting Division Chief

Signature:

Head of Contracting Activity (Designee IAW Delegation of Contracting Authority Memo dated Sep 16 2013) (Req'd > $ I 2. 5 M to $85. 5 M

Name (type o. p.irrt),-B$ Director

Signature:

Chief of Contracting/ Competition Ad,i'o cate (Req' d > $ 6 5 0 K- $ I 2. 5 M)

DMEA Exception to Fair Opportunity