ETFO_(Redact)_ID04180163_Apr_29_2019.pdf

Exception to Fair Opportunity Determination and Findings

FAR 16.505(b)(2)

General Services Administration Federal Acquisition Service Southeast Sunbelt Region

1. Requiring and Contracting Activity

a. Requiring Activity: Department of Navy

Naval Air Warfare Center Weapons Division 575 I Ave, Bldg 720 Point Mugu, CA 93042-5049 Doug Davis

b. Contracting Activity General Services Administration

Federal Acquisition Service Assisted Acquisition Services Division 77 Forsyth ST SW Atlanta, GA 30303

c. Contracting Officer: Melvin B. Fordham

d. Task ID: ID04180163

e. Estimated Value of This Action: $XXXXXX

f. Contract Vehicle: Alliant GWAC

g. Period of Performance: May 1, 2019 to April 30, 2020

2. Nature of Description of Action:

The General Services Administration (GSA), Federal Acquisition Services (FAS), Assisted Acquisition Services Division (AASD) has received a requirement from the Naval Air Warfare Center Weapons Division (NAWCWD), F-35 Reprogramming Laboratories (FRL), at Point Mugu, California for the maintenance support of the Mission Emitter Development Station (MEDS) Combat Electromagnetic Environment Simulator (CEESIM) that is used to provide stimulus to Electronic Warfare (EW) systems located in the EW Laboratory at NAWCWD. The EW simulator expands the capability of existing simulator equipment and must maintain simulation file compatibility with the existing like simulators at test organizations partnering with the EW Laboratory at NAWCWD in support of the F-35 Joint Strike Fighter (JSF) and other systems software and hardware updates. This requirement will be procured on a hybrid basis to include Firm-Fixed-Price and Cost Reimbursement (material and travel) under the GSA

ALLIANT Government-wide Acquisition Contract (GWAC) in accordance with FAR

16.505 procedures. An ALLIANT scope compatibility review was requested and it was determined by the ALLIANT GWAC Contracting Officer that this requirement is compatible with the scope of the ALLIANT GWAC.

Contractor Information Northrop Grumman Systems Corp 7575 Colshire Dr McClean, VA 22102-7508 Cage: 32143

3. Description of Supplies or Services:

This is a requirement for the maintenance support of the MEDS CEESIM Threat Simulator Maintenance Support. The maintenance provided by the contractor shall be preventative, on call support as needed, component replacement and repair as needed, and advice and disposition on components with Diminished Manufacturing Sources (DMS) issues.

4. Identification of Exception to Fair Opportunity and Rationale:

FAR 16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,500 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is 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 and the awardee is the manufacturer of the MEDS CEESIM being maintained and serviced.

The requiring activity's minimum needs for the service of the MEDS CEESIM can only be satisfied by the unique capabilities of Northrop Grumman demonstrated as follows:

a. Custom Circuit Cards

Northrop Grumman is the sole designer and manufacturer of numerous custom cards within the CEESIM. Specifically, the Position Geometry Processor, the Generator Processor, Pulse Router Board, and the Non-real time to real-time converter and Transmit Processor/receiver processor cards which are all used multiple times within the CEESIM. These custom circuit cards are responsible for the operational capability of the system. Without the custom circuit cards being fully functional, the CEESIM will not be able to operate as designed. No one else can maintain, troubleshoot, repair, or replace these cards as they are proprietary to Amherst Systems.

b. Proprietary Emitter and Scenario Files

CEESIM emitter and scenario element libraries provide compatibility among all CEESIM configurations, which enables use of this data throughout the EW system test process and life cycle. Simulation development and compatibility between the warfare centers, which facilitates sharing and reuse of CEESIM files, is crucial to data synergy and consistency when testing and developing new and current electronic surveillance (ES) and electronic attack (EA) systems The CEESIM uses proprietary custom files and formats for emitter and scenario development software. This software can only be maintained, modified, or upgraded by Northrop Grumman Amherst and this is the only way to maintain commonality.

5. Contracting Officer Determination:

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 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 services, comparison of the proposed prices with the independent Government cost estimate (IGCE), or comparison with the competitive published price list for the ALLIANT GWAC loaded hourly labor rates.

6. Other Supporting Facts:

Other Cost and Schedule Risk Items if the existing the CEESIM is maintained and serviced by a different vendor:

a. Compatibility with other EW simulator sites/support organizations: All US Government and Contractor sites that support the F-35 currently utilize the CEESIM produced and maintained by Northrop Grumman Amherst Systems.

These systems have been in use for 20 years on multiple Programs and are now an integral part of the F-35 ground support environment, with continuous active support by the original supplier. The EW Laboratory at NAWCWD must maintain consistency/compatibility with all other stimulator sites in order to ensure reproducible test results. This can only be achieved if the existing equipment is maintained by the manufacturer.

b. Cost and schedule impact associated with a different EW simulator: Replacement of the existing manufacturer maintainer with an alternate maintainer would introduce unacceptable schedule delays as these are no maintainers other than the original equipment manufacturer with access to the proprietary hardware and software.

Replacement of the existing equipment with a simulator from an alternate supplier would increase cost and introduce unacceptable schedule delays in several areas: (a.)

Users must be trained to use a new simulator. This will impact the EW Laboratory at

NAWCWD support activities since EW simulators are complex and up to two (2) years of hands-on experience are required to reach proficiency, (b.) Existing emitter libraries and scenarios would require conversion, re-verification, and re-validation.

7. Statement of Actions to Overcome Barriers to Competition:

The EW Laboratory at NAWCWD, Point Mugu, CA continues to pursue acquisition of pertinent data rights from Northrop Grumman to allow greater competition on future RF Simulator acquisitions and supporting maintenance. Because of proprietary source code and software interface design of MEDS CEESIM possessed by Northrop Grumman, they are the only contractor with the ability to fulfill the unique requirements at this time.

8. Contracting Officer Certification:

The undersigned has determined that the anticipated cost to the Government for this acquisition will be fair and reasonable. Further, I certify that this justification is accurate and complete to the best of my knowledge and belief.

Melvin B. Fordham Date Senior Contracting Officer General Services Administration

9. Requiring Agency Certification:

I certify that the supporting data under my cognizance which form the basis for this justification are accurate and complete to the best of my knowledge and belief.

Dr. William Metz Date Head, Threat Modeling and Simulations Branch Electronic Warfare Integrated Laboratories Division NAWCWD Point Mugu