J A RWR ISS Redacted.pdf

Controlled Unclassified Information

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. Agency and Contracting Activity.

This Justification and Approval (J&A) is to request authority for Other Than Full and Open Competition supporting requirements generated for the Air Force Life Cycle Management Center (AFLCMC), Agile Combat Support Directorate, Electronic Warfare & Avionics Systems Division, Electronic Warfare Branch (WNY). The contracting activity for this requirement is the AFLCMC Electronic Warfare Contracting Branch (WNKD). The purchase request number supporting this contracting action is FD2060-20-31109.

II. Nature and/or description of the action being approved.

Due to the circumstances described herein, the activity requests authority to acquire the supplies and services listed in this document using Other Than Full and Open Competition (OTF&OC) as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

This action is a combined effort for the Integrated Support Station (ISS) utilized by AN/ALR- 56M installed on C-130J and F-16, and the compilation of systems that create the F-15 Tactical Electronic Warfare System (TEWS): AN/ALR-56C, ALE-45, ALQ-128, MX-9287A (Blanker), ALQ-135 Bands 1,1.5, 2, and 3. This testing tool is located in the Electronic Warfare Avionics Integration Support Facility (EWAISF) lab for Operational Flight Program (OFP) and Mission Data File Generator (MDFG) changes associated with aforementioned Radar Warning Receiver (RWR) programs and other interfaced systems and processes.

This effort will be awarded as a follow-on sole source Indefinite Delivery Indefinite Quantity (IDIQ) contract for the continued development and support of highly specialized equipment. The IDIQ contract will be Cost Plus Fixed Fee (CPFF) and Cost Reimbursement No Fee (CRNF) with a nine (9) month basic period from 30 September 2020 to 30 June 2021 followed by four (4) 12-month options, 1 July 2021 to 30 June 2025, if all options are exercised. Task orders can be issued during the effective period of the contract.

The sole source requirement will be purchased from the following company:

Northrop Grumman Systems Corporation 7575 Colshire Drive McLean, VA 22012-7508 Code: 5FVX5 Large Business

III. Description of the supplies/services required to meet agency needs (including the estimated value).

IV. Statutory authority permitting other than full and open competition.

10 U.S.C. 2304 (c) (1) as implemented by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

V. Demonstration that the contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited above (applicability of authority).

The agency's minimum needs can only be satisfied by the unique supplies or services available from Northrop Grumman. The ISS is highly specialized equipment used by engineers, technicians, and contract personnel to support OFP changes to airborne electronic warfare systems installed on F-15, F-16, and C-130J aircraft. The RWR systems provide protection for United States Air Force (USAF) aircraft by detecting, displaying, generating and transmitting Radio Frequency (RF) signals against threat radars and missiles while providing situational awareness to the pilot. Original Equipment Manufacturer (OEM) specific knowledge of the ISS hardware, software, and software algorithms is required to modify the system’sOFP, Mission Data File (MDF), and MDFG software.

Northrop Grumman is the OEM of the ISS. They own the technical data package and retain data rights to the software. The Government does not possess any data that defines the performance of the ISS/RWR. In response to an Air Force inquiry, memo dated 6 March 2018 from Northrop Grumman Corporation, respectfully declined the offer to sale data rights and/or software rights, including all engineering drawings and software codes to the Government. The AFLCMC/WNY Program Manager contacted Northrop Grumman again via e-mail 06 April 2020 to inquire about the interest in selling the data to the Government. Northrop Grumman stated they are not willing to sell the data rights, nor software rights.

Northrop Grumman is the only source, due to their proprietary rights, with the data, skills, and experience necessary to provide the technical and engineering services required. Northrop Grumman developed, manufactured, and provided ISS support since its inception in 1993.

The prior ISS/RWR support and sustainment contract was FA8523-19-C-0007. This contract expired on 25 June 2020. Currently, there is no contractual coverage for ISS/RWR support and sustainment. This follow-on contract is critical to the overall functionality of the electronic warfare systems and the safety and welfare of the aircraft and aircrew. Without this support, the Warfighter will lose capability against RF threats, and possibly, the ability to fly and operate in certain Areas of Responsibility (AOR). Therefore, this instant acquisition is necessary for the continued support and performance of this highly specialized system.

Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Air Force’s requirements.

A reverse engineering effort to develop a complete and adequate technical data package (TDP) would not be economically feasible. This decision was based on the Air Force Project Engineer’s assessment of the historical data of the ISS and his expertise of the system. The Air Force Project Engineer estimates reverse engineering effort from an unproven source to develop the TDP for hardware would take six years and additional four years for software development at an estimated cost of $45-$50M. The ISS includes 500,000 lines of software codes. These codes are required to build the architecture, database, network configuration, validation and training (learning how the codes work) (cost estimate of $30M). After the codes are developed, they have to be applied to the work environment in order to operate the ISS. This includes aircraft testing, verifying interfaces, technical manuals, and training personnel (cost estimate of $15M-$20M).

Completion of reverse engineering effort (ten years) and an additional four years for development of a competitive solicitation package and competition via source selection procedures, totals a 14 year delay. This is an unacceptable delay in meeting our mission requirements. A delay would substantially impact the aircraft as Electronic Warfare systems interface to verify and validate aircrafts protective system in the AOR. The life cycle of the ISS is 15 years. It is considered uneconomical to reverse engineer the ISS. The Government would not have a return on investment (ROI) during the five year tenure of this contract and with only one year remaining in the life cycle of the program before a competitive contract could be awarded, therefore it is determined not in the best interest of the Government to pursue a reverse engineering effort.

Accordingly, Northrop Grumman is the only firm capable of providing the requirements described in Section III above without the USAF experiencing substantial duplication of cost that could not expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under FAR 5.202 applies.

A Sources Sought (SS) synopsis / Request for Information (RFI) was posted to the Federal Business Opportunities (FedBizOpps) website under solicitation contract number FA8523-20-R- 0027 on 01 April 2020 with responses due 24 April 2020. The SS/RFI requested responses from interested vendors that possess the expertise, capabilities, and experience to meet qualification requirements for this effort. Northrop Grumman was the only respondent.

The requirement will be synopsized in beta.SAM in accordance with FAR 5.201. It is anticipated that sources having an interest in subcontracting may be identified through synopsis.

Any source who responds to the Government as a result of this synopsis will be identified to the prime contractor as a potential subcontracting possibility.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.403-4, the contractor will be required to provide certified cost or pricing data to be used to support the Government's evaluation of the proposed cost. The proposed skill mix of labor, labor hours, types and quantities of material and other direct costs, and direct and indirect rates will be negotiated by the Government based on recommendations from the Defense Contract Management Agency and AFLCMC/WNY Sub-IPT expert technical personnel supporting the program. The contract price will be negotiated in accordance with the procedures in FAR 15 ensuring the ultimate cost to the Government is fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research was conducted in accordance with FAR 10.001 and 10.002. Engineers within the Electronic Warfare Branch conducted market research between 12 November 2019 and 24 April 2020. The market research report was completed on 27 April 2020. The market research techniques used are as follows:

Engineering personnel are actively engaged in component product sustainment, and stay technologically current with industry developments by reviewing industry reports, trends and product developments, talking with field personnel, and reviewing applicable company portfolios on a regular basis.

As described in Section VI above, a SS/RFI synopsis was posted to FedBizOpps on 1 April 2020 and responses were due by 24 April 2020. Northrop Grumman was the only respondent.

Northrop Grumman is capable of performing this effort with little or no risk.

Market research also included several industry-wide internet searches using the Acquisition Center of Excellence (ACE) recommended component search engines to search for other qualified sources.

• http://dsbs.sba.gov/dsbs/search/dsp profilelist.cfm?requestTimeout=180

• https://www.janes.com/article/search?query=electronic+warfare+integration

• https://www.marketresearch.com/Visiongain-v531/leading-Electronic-Warfare-companies- 11909616

• https://www.naics.com/naics-code-description/?code=334511

Out of the 20 leading Electronic Warfare Companies, only Northrop Grumman had a history of supporting the ISS in the EWAISF laboratories in the area covered by this effort.

A Small Business Administration Dynamic Small Business Search (DSBS) query was conducted utilizing North America Industry Classification System (NAICS) code 334511, engineering technical support, with AN/ALR-56M/C Integrated Support Station (ISS) Electronic Warfare development, modification and integration. This search yielded no small businesses providing those services. There are no opportunities for small business due the fact that the system OEM is the only source with the required knowledge, equipment, and expertise.

The subject Government requirement does not fit the definition of a commercial item as defined in FAR Part 2.101. This item is defined as military unique and is not customarily used by the general public or by non-Governmental entities. The Government requires parts that meet an exact form, fit, and function as determined by the specific mission. There are no aircraft in the commercial market with the same or similar components.

Review of a Government proprietary component product database (Haystack) and Joint Engineering Data Management Information and Control System (JEDMICS) which yielded no other potential vendors.

It was determined that Northrop Grumman (CAGE 5FVX5) is the only source that possesses the knowledge and capabilities to meet the Government’s requirement.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

None

X. List of any sources that expressed, in writing, an interest in the acquisition.

See Section VI above.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

This support is critical to the overall functionality of the RWRs installed on USAF aircraft and the safety and welfare of our aircraft and aircrew and mission success. The nature of this engineering support effort is such that it must be provided by Northrop Grumman at this time.

Loss of the Northrop Grumman expertise would result in the loss of significant support and analysis expertise and would require significant investment and time to bring another contractor into position to support any urgent/emergency support requirements.

The ALR-56M/56C RWR Systems ISS supports F-15, F-16, and C130 aircrafts that has service life expectancy to 2035.

To attempt to overcome barriers to competition for future acquisitions, the Government will continue to engage with the OEM to inquire about the interest in selling the data to the Government.

The prior J&A did not include a plan to overcome barriers to competition, therefore no notable actions have been taken to date with exception to inquiry with Northrop Grumman on their interest in selling the technical data. Since J&A did not include a plan, higher level approval of this J&A is not required in accordance with DFARS PGI 206.304 (a) (S-70) (ii).

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.