ID04130052_JEFO_v3_Redacted.pdf

JUSTIFICATION FOR AN

EXCEPTION TO FAIR OPPORTUNITY

FAR 16.505(b)(2)

1. Requiring and Contracting Activity

a. Requiring Activity: Department of the Air Force - WRALC Air Force Life Cycle Management Center Airborne Communications Element

AFLCMC/ WNYBBA

235 Byron St.

Robins AFB, GA 31098

b. Contracting Activity General Services Administration Federal Acquisition Service Assisted Acquisition Services Division/R4 401 West Peachtree St., NW, Suite 2700 Atlanta, GA 30308

c. Contracting Officer: Garett Nelson

d. Task ID: ID04130052

e. Estimated Value: $8.6M

f. Period of Performance: Base period of one year, one optional year

g. Contract Vehicle: Alliant GWAC

2. Nature and/or Description of Action Being Approved

The General Services Administration (GSA), Federal Acquisition Services (FAS), Assisted Acquisition Services Division (AASD) has received a requirement from the Airborne Communications Element at the Air Force Life Cycle Management Center (AFLCMC), Robins Air Force Base, Georgia, for Contractor Logistics Support (CLS) of the Roll On Beyond Line-of-Sight Enhancement (ROBE) Tactical Information Gateway (TIG) Set. The TIG set is a roll on/off, non-integrated airborne tactical data link system employed on ROBE modified aircraft (currently KC-135) designed to capitalize on the benefits of the operational altitude and relatively long station-time of the KC-135 aircraft, which is an essential refueling asset, as compared to other airborne platforms. The attributes of long station time and operational altitude provide ROBE modified aircraft improved situational awareness capability and secure free text messaging. The ROBE modified KC-135 is also consistently deployed to the Area of Responsibility (AOR), making it a readily available system and a valuable contributor to warfighter objectives.

This requirement will be procured under the GSA Alliant Government-Wide Acquisition Contract (GWAC) in accordance with FAR 16.505 procedures for a period of one year with one option year. Furthermore, a scope compatibility review was requested, and the

c. Contracting Officer: Garett Nelson

Alliant GWAC Contracting Officer determined that this requirement is compatible with the scope of the Alliant GWAC.

3. Description of the Supplies or Services Required

This requirement will support the Agile Combat Support Directorate Airborne Communications Element at Robins AFB, GA through performance of the engineering and logistics activities necessary to sustain airborne communication systems for the U.S.

Air Force. The instant effort will further consist of performing routine and emergency hardware and software updates to fielded communication systems in response to user requirements, and performing system enhancements to ensure communications are robust, secure, jam-resistant and contention free. The requirement will include Information Assurance Manager (IAM) support and Subject Matter Expert (SME)support, as well as the maintenance, repair, comprehensive supply management services for replacement parts, just in time training for air crews, and on-site technical support.

4. Identification of the Exception to Fair Opportunity and Supporting Rationale

FAR 16.505(b)(1)(i) requires that all awardees under multiple award contracts be given a fair opportunity to be considered for delivery or task orders exceeding $3,000, unless a statutory exceptions applies. Accordingly, the instant requirement is being submitted under this justification for approval to be excepted from the fair opportunity process pursuant to the authority of FAR 16.505(b)(2)(i)(B), only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

The requiring activity’s minimum needs for CLS can only be satisfied by the Orginial Equipment Manufacturer and Integrator, Northrop Grumman Systems Corporation – Information Systems Network Communications Division. This is because of the highly specialized and unique nature of the ROBE, and the existence of limited rights in data in three significant components (MCD, KVM, and the AGS). The particular significance of the MCDand KVM components is that when they are not functional there is a complete lack of man-machine interface (MMI) with the ROBE system, rendering it inoperable.

Without functional AGS systems, the ability of the CLS vendor to troubleshoot ROBE system discrepancies is greatly reduced. This will directly reduce operational availability through increased overall maintenance cycle times.

The currently fielded configuration of the ROBE TIG set has begun to encounter hardware obsolescence issues. As a result, operational availability has been and will continue to be affected, with direct impact to overseas contingency operations. In conjunction with the CLS provider, the program office has implemented several Engineering Change Proposals (ECP) utilizing the provisions in contract LC-CC- 4600001548 PWS para 9.3.

This has resulted in a series of changes to the baseline configuration for which the Government had received data rights. Regrettably, the deliverables in the aforementioned contract (PWS Para 4.3) do not require the CLS vendor to provide updates to the baseline drawing package. These changes are described in further detail in the following paragraphs.

Existence of limited rights in data for the MCD

The Mission Commander Display (MCD) located in the KC-135R cockpit is utilized for system monitoring and control, as well as the display of situational awareness data. Due to the age of the display, parts are not available to make the necessary repairs to ensure system operation. Under ECP-012, a newly installed component required modifications to interface cabling, and consequently drawings and technical data regarding MCD interface and operations (195-A0175 and 195-A3198) are no longer current. As a result of this baseline change, proprietary design and engineering data were introduced into the system. Both control of the ROBE TIG system from the cockpit and situational awareness display to aircrews would effectively be eliminated if the unique services of Northrop Grumman are not utilized to effectively maintain the equipment.

Existence of limited rights in data for the KVM

The keyboard video mouse (KVM) assembly, which is utilized for direct control of the ROBE system, was updated under ECP-013. This required retrofitting and readjustment to one of four transit cases that make up the heart of the ROBE system. Technical data and drawings 195-A0175 and 195-A1218 are no longer current as a result of the KVM change. Therefore any substitute CLS provider or aircrew operator would be unable to initialize or operate the ROBE TIG system.

Existence of limited rights in data for the AGS

Lastly, the ROBE system currently utilizes antenna ground sets (AGS) in training and maintenance environments to operate and test the systems while not on board the KC- 135R. The 13 drawing sets applicable to the AGS are proprietary; therefore, they are unable to be released to any organization aside from the original equipment manufacturer (ARINC, under subcontract to Northrop Grumman.)

These components of the ROBE TIG set are critical to its operation and function, and no other CLS contractor can complete the necessary monitoring, testing, evaluation, and repair activities required for successful performance of the instant requirement without obtaining the data through costly and lengthy reverse engineering processes.

The Government does not intend to pursue reverse engineering, or reverse engineering studies at this time, as the Government is pursuing a “technical refresh” production contract which will render current ROBE hardware obsolete. As part of this process, the Government intends to procure a complete data package which will allow competition of this requirement in the future. Additionally, once that package is accepted the Government intends to require ECP changes include technical data package updates.

5. Determination the Cost will be Fair and Reasonable to the Government

The Contracting Officer has determined that the anticipated cost to the Government for this acquisition will be fair and reasonable. Actions anticipated to ensure the reasonableness of the price will be accomplished with the procedures and criteria contained in FAR Subpart 15.404, as appropriate. The Contracting Officer will use various price and cost analysis techniques and procedures to ensure a fair and reasonable price. Examples of such techniques may include, but are not limited to:

comparison of the proposed prices to historical prices paid by the Government for the same or similar items (previous ROBE CLS contract LC-CC-4600001548), comparison interface and operations (195-A0175 and 195-A3198) are no longer current. As a resultinterface and operations (195-A0175 and 195-A3198) are no longer current. As a resultinterface and operations (195-A0175 and 195-A3198) are no longer current. As a resultinterface and operations (195-A0175 and 195-A3198) are no longer current. As a resultinterface and operations (195-A0175 and 195-A3198) are no longer current. As a resultinterface and operations (195-A0175 and 195-A3198) are no longer current. As a result and drawings 195-A0175 and 195-A1218 are no longer current as a result of the KVMand drawings 195-A0175 and 195-A1218 are no longer current as a result of the KVM

135R. The 13 drawing sets applicable to the AGS are proprietary; therefore, they are to one of four transit cases that make up the heart of the ROBE system. Technical data of the proposed prices with the independent Government cost estimate, review and evaluation of selected cost elements to determine the necessity for and reasonableness of proposed costs, comparison with actual costs previously incurred, and comparison with the competitive published price list for the Alliant GWAC loaded hourly labor rates.

6. Other Supporting Facts

Currently, the prime contractor is responsible for all aspects of transit case construction, internal structures (rails), cabling, and distribution equipment. Unless a full engineering data package is available, a replacement CLS provider would not be able to accurately determine how the various components work together.

Additionally, a comparison study was completed by the client agency between several programs managed by the Airborne Communications element to determine the feasibility of purchasing a technical data package, and the possible success of developing a competitive data package. This study revealed that the Joint Tactical Information Distribution System (JTIDS), a similar program, spent an estimated $138.5M on technical data packages and depot development at both Robins AFB and the US Navy NADEP North Island facility. Furthermore, the client agency, using historical JTIDS/data link program information and engineering judgement, estimated over 21,000 hours would be necessary to capture a data package suitable for competition, excluding additional costs and time associated with platform integration and testing required to prove an additional source.

7. Statement of Actions to Overcome Barriers to Competition:

Originally, ROBE was managed and run by a software program encumbered with copyright restrictions. As part of block cycle change one, complete software rights were acquired in order for the government to organically manage and develop ROBE software vice using an outside contractor. This initiative was completed in 2008 and removed the largest barrier to competition.

However, significant barriers to competition still remain. As discussed under paragraph 2 above, in order to fulfill the requirements of ECP-012 and ECP-013 equipment selected for a later spiral upgrade to the ROBE system referred to as tech refresh was utilized.

Engineering drawings for tech refreshed units will be developed in tandem with production units being acquired through the tech refresh contract with Northrop Grumman. Delivery of these units along with drawings is estimated two years after award of the contract. Once tech refresh is 100% fielded (currently projected for fiscal year 15), the requiring activity expects to receive a complete drawing package to include these materials.

Furthermore, the requiring activity will pursue acquisition of data rights for the AGS subsystem at a later point, with the intention to complete that acquisition prior to the FY 15 fielding date for the tech refresh baseline. The newly acquired drawings would apply to the fully upgraded tech refresh unit, not just the TIG set with early upgraded components. Acquiring those drawings early would be duplicated effort/purchase which is timely and costly. Taken as a whole, these actions will overcome all current barriers to competition.

Distribution System (JTIDS), a similar program, spent an estimated $138.5M on link program information and engineering judgement, estimated over 21,000 hours wouldlink program information and engineering judgement, estimated over 21,000 hours would