Justification_and_Approval_RDCU_Final-redacted.pdf

Justification for Other Than Full and Open Competition Under 10 U.S.C. 2304 (c)(1)

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

(1) Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), Office of Contract Operations (CG-9127), Formal Contracts Division VII, proposes to enter into a commercial contract on the basis of other than full and open competition.

(2) Nature and/or description of the action being approved.

The Coast Guard has a requirement perform an upgrade to hardware and software for an existing AN/APY-11 Multi Mode Radar (MMR) simulator/test bench lab asset known as the Radar Display Control Unit (RDCU) used to support the HC-130J Long Range Surveillance (LRS) fleet. The test bench must be routinely updated to ensure the system configuration matches the MMR configuration being installed on the HC-130J aircraft. Only the Original Equipment Manufacturer (OEM) can meet this requirement.

The proposed contractor is:

EDO LLC (a wholly-owned subisidiary of Harris Corporation) 1500 New Horizons Blvd Amityville, NY 11701

CAGE: 82340

(3) Description of Supplies/Services.

EDO LLC is the only company that supplies RADAR hardware and software components that are installed on the Coast Guard HC-130J.

The existing USCG-owned MMR RDCU simulator requires upgrade in order to enable continued support of the MMR system across the fleet. The RDCU currently operates on Windows XP and functions only with the legacy Mission System Suite (MSS) and not the next-generation Minotaur Mission System Suite (MSS+) the Coast Guard is currently transitioning to.

In order for the RDCU to continue supporting the fleet, it requires upgrades in order for it to properly function with Windows 10 and support the MMR for both the legacy and next-generation Mission Systems. Additionally, a new processing computer with 1553 interface will be required as well as technical support, installation, system installation functional checks, and training for all sustainment labratory personnel.

The estimated total value of the proposed action is $x.00 and will be funded with Fiscal Year 2014 Acquisition, Construction and Improvement (AC&I) funds.

(4) Identification of the justification and the rationale.

The statutory authority permitting other than full and open competition is 10 USC 2304(C)(1) as implemented by the Federal Acquisition Regulations (FAR) Subpart 6.302-1(a) entitled Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

(5) Demonstration that the nature of the acquisition requires use of the authority cited.

EDO LLC is the OEM for the MMR System and was the provider for the RDCU when it was initially procured by the USCG in 2012. EDO LLC has the proprietary data rights associated with the RADAR processor manufacturing and the RADAR system software. Without access to the MMR-associated hardware and software data to reproduce the system, any other potential offeror would not be able to provide the exact equipment necessary to perform the upgrade as well as conduct software/hardware regression testing to ensure the new system is suitable for installation on an U.S. Coast Guard aircraft. This acquisition is limited to the Original Equipment Manufacturer (OEM). There is no OEM approved source.

If the Coast Guard was to undertake a competitive process for the replacement of these test bench components and associated hardware, it would also have to replace all of the operational radar systems in the fleet in order to maintain commonality. The replacement of 15 operational systems and associated spare components would result in a significant duplication of cost and unreasonable delay. Replacing 15 fleet systems would cost approximately $xM.

(6) A description of the efforts made to ensure that offers are solicited from as many potential sources as is practicable.

This requirement, along with the J&A will be posted on FedBizOps per the FAR 13.5 Test Program. The APFS was published on 3/14/2018.

(7) Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable.

In accordance with FAR 15.402(a) & (a)(2), the Contracting Officer is required to purchase all supplies and services from reasonable sources at fair and reasonable prices. The Contracting Officer is confident in reaching a fair and reasonable price as this item is commercial and previous Aviation Logistic Center procurement history is available as they have procured in the past.

(8) Description of market research.

Market research for this requirement shows no other company besides EDO LLC has the requisite system and expertise available to perform the proposed effort

(9) Any other facts supporting the use of other than full and open competition.

Different equipment and lack of access to MMR-associated software would not allow for the proper regression testing of the current aircraft equipment configuration. An attempt to solicit this equipment full and open would result in wasted man hours and cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling this requirement because only one company can fulfill this requirement.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/a

(11) A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for required supplies or services.

The USCG will continuously conduct market research to ensure that companies interested in doing business with the USCG are given every opportunity to compete for future USCG requirements. In an effort to increase competition, Program Staff intend to annually attend aviation trade shows, conduct market research, and ensure procurements are advertised on FBO.

(12) Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

(13) Technical/Requirements Personnel Certification.

I certify that this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for the justification, is accurate and complete.

Technical Representative Date

(14) Legal Review and Concurrence:

I have reviewed this justification and deemed it legally sufficient.

Attorney Date