J_and_A_Redacted.pdf

Controlled Unclassified Information

Controlled Unclassified Information

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. Agency and Contracting Activity.

This Justification and Approval is to request authority for Other Than Full and Open Competition supporting requirements generated for the Air Force Life Cycle Management Center, (AFLCMC/WIUAI), Robins AFB GA 31098. AFLCMC/WIUKA is the contracting agency responsible for this Individual Justification for Other than Full and Open Competition.

The purchase request number supporting this contracting action is FD2060-21-30211.

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

Due to the circumstances described herein, the activity requests authority to acquire the services listed in these documents using Other Than Full and Open Competition as prescribed by FAR 6.302-1. “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” This action will result in the award of a follow-on contract which will be a Cost Plus Fixed Fee (CPFF) definitive “C” type contract for Sustaining Engineering and Technical Support using Other Than Full and Open Competition procedures in support of the AN/APQ-170 Multi-Mode Radar (MMR) System, (hereinafter referred to as the APQ-170 MMR System), Special Operations Forces MC-130H Combat Talon II aircraft for United States Special Operations Command (USSOCOM). The follow-on contract will include a basic one-year plus four (4) one-year Option Periods. The PoP will be 12 months for the basic period, 9 May 2021 - 8 May 2022, with four 12-month option periods.

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

DRS Sustainment Systems, Inc.

4201 Innovation Way Bridgeton, MO 63044 Cage: 98255 Large Business

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

This requirement is to provide sustaining engineering and technical support for the APQ-170 MMR System to resolve deficiencies and improve reliability, maintainability and functionality.

Performance based sustaining engineering services shall include engineering studies in support of resolving reliability and maintainability issues, resolving obsolete parts issues and analyzing failure trends from the depots and the field-level shop. Sustaining engineering services shall also include the correction of errors in engineering drawings, investigating anomalies on the aircraft and in the radar and test equipment, as well as any other technical support that is required. The tasks associated with this contract are to be accomplished at the contractor’s facility and other locations specified by the Government. These tasks shall support the war fighter in performing

Controlled Unclassified Information

Systems, Inc. is the Original Equipment Manufacturer for the APQ-170 MMR System. They own the technical data package (TDP) and all data rights and are identified on the design requirements and source-controlled drawings. DRS Sustainment Systems, Inc. has provided the services since 17 Oct 92. The last sole source repair contract executed with DRS Sustainment Systems, Inc. was Engineering Services contract FA8509-16-C-0005. This contract was awarded on 9 May 2016 and expires on 8 May 2021. DRS Sustainment Systems, Inc. is currently providing depot repair of the Radio Frequency (RF) Line Replaceable Units (LRUs). When the organic depot has a digital LRU beyond their capability to repair, DRS Sustainment Systems, Inc. has been able to assess the LRU and provide recommendations through this sustaining engineering vehicle to the System Program Office (SPO) for alternative solutions. As parts are consumed or become obsolete and are no longer obtainable, DRS Sustainment Systems, Inc. has the capability to develop and qualify prototype parts for use on the APQ-170 MMR System through this sustaining engineering vehicle.

During the lifespan of the APQ-170 MMR System, DRS Sustainment Systems, Inc. has kept their own database on repair actions that has proven to be instrumental in identifying failure trends leading to many reliability improvements. This database is proprietary to DRS Sustainment Systems, Inc. alone and does not exist anywhere else. This database has a history of failures and repairs of the system and cannot be duplicated by another contractor as it is historical data. This historical data is used to identify failure trends which directly contribute to the ECPs issued to improve reliability. An e-mail was sent to DRS Sustainment Systems, Inc., 30 Nov 20, requesting a quote for the Government to purchase all proprietary data. DRS Sustainment Systems, Inc. responded by e-mail, 30 Nov 20, refusing to sell the proprietary or reprocurement data. DRS Sustainment Systems, Inc. has in-depth knowledge of the algorithms used by the APQ-170 MMR System and how it relates to TF/TA. DRS Sustainment Systems, Inc. is the only company to ever develop the APQ-170 MMR System Operational Flight Program (OFP) and continues to write new software to keep up with ongoing operational requirements and APQ-170 MMR System upgrades.

The Test Program Set used to test the APQ-170 MMR System LRUs is the Aircraft Radar Test Station (ARATS) test bench. It is a hot mock-up of the APQ-170 MMR System used to verify system failures and all repair actions are successful. The ARATS test bench is also used to verify any changes in the software as well as the OFP and reliability upgrades.

Only five ARATS test benches were ever manufactured to support the APQ-170 MMR System based on an operational fleet of 20 aircraft. All of the ARATS benches are Government owned.

Three of the five benches are located at Hurlburt Field and are used to support the Centralized Repair Facility. The ARATS test benches are 30 years old, fragile, and continue to provide multiple sources of problems. Moving the ARATS test benches from DRS Sustainment Systems, Inc. to another contractor's facility would impact the contractor depot repair line. DRS Sustainment Systems, Inc. requires use of the ARATS test bench for the depot repair line and without it the repair line would be shut down. This would result in the complete loss of any mission capability requiring TF/TA radar as soon as the current supply is exhausted, relocating the test bench would also carry a high risk of damaging the equipment due to its age as well as the fact that trained personnel will not be available to safely assemble, troubleshoot and operate the ARATS test bench.

The U.S. Air Force has attempted to transition to full organic repair, but the depot was not successful in obtaining the proficiency required to repair the Radio Frequency (RF) (X/Ku-Band Antennas/ Receiver/Transmitters) section of the system. This resulted in the RF depot repair line contract FA8524-12-D-0016, awarded 18 Jul 2013, which requires the use of the remaining two ARATS test benches. The Government did not acquire reprocurement data and a contractor must possess a complete APQ-170 MMR System Technical Data Package (TDP) including test procedures and requirements developed in-house at DRS Sustainment Systems, Inc. in support of the contractor depot to accurately test and verify the APQ-170 MMR System. Therefore, this sole source acquisition is necessary for the continued repair performance of a highly specialized item/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.

In October 2015, the SOF/Personnel Recovery and Rotary Division SPO considered reverse engineering the APQ-170 MMR System as an option for removing competitive barriers. The SPO contacted the organic reverse engineering section, 402 EMXSS/MXDEAE, at Robins AFB to assist with estimating the cost. The level-of-complexity comparison for the estimate cited an on-going effort in the 402 EMXSS with reverse engineering a single LRU associated with the ALQ-213 Electronic Warfare Management System. The LRU contains 4 circuit card assemblies.

The 402 EMXSS estimated the cost for completing the Level III drawing package for this LRU at approximately (roughly per circuit card), and that it would take about 2.5 years to complete. Applying this logic to the more complex 7 LRUs associated with the APQ-170 MMR System, which when combined have 62 total circuit cards, the SPO estimated the cost to develop the Level III drawing package for associated APQ-170 MMR System LRUs at approximately (average of per circuit card X 62 cards). We estimated an average cost per circuit card of based on the cost estimate for reverse engineering the ALQ-213 component, however, the increased complexity could cause the price to increase.

Based on the ALQ-213 reverse engineering timeline, the consensus of the SPO is it could take 15 years to completely reverse engineer and develop a full Level III drawing package for MC-130H APQ-170 MMR System.

The engineering services cost of is far less than reverse engineering the APQ-170 MMR System and obtaining a Level III drawing package estimated at . Since the MC-130H has approximately three years of service life remaining, the reverse engineering timeline would prevent sufficient time to realize a Return On Investment. The contractor must also possess immediate comprehensive understanding of the safety critical operational flight program and have access to the equipment used to test and maintain the APQ-170 MMR System including the ARATS test bench in order to adequately test recommended ECPs. The Air Force does not possess the database or expertise required to sustain the APQ-170 MMR System. DRS Sustainment Systems, Inc. has refused to sell the data to the Government. The capability and

Controlled Unclassified Information system expertise to support the APQ-170 MMR System does not exist within any of the companies contacted during market research.

Accordingly, DRS Sustainment Systems, Inc. is the only firm capable of providing the requirements described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be 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.

A Request for Information (RFI) synopsis was posted to beta.SAM on 15 July 2020 with a response date of 15 August 2020 under Notice ID Number FD2060-20-32696. The RFI requested responses from interested vendors that possess the expertise, capabilities, and experience to meet qualification requirements for this effort. The RFI resulted in no responses.

The requirement will be synopsized in beta.SAM in accordance with FAR 5.201 and is anticipated to post on 26 Feb 2021. 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 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 completed on 28 August 2020 in accordance with FAR 10.001 and 10.002 for sustaining engineering and technical support for the APQ-170 MMR System.

As described in Section VI above, a RFI was posted to beta.SAM advising industry of the pending acquisition and soliciting inquiries from interested vendors. The RFI was posted on 15 July 2020 under Notice ID Number FD2060-20-32696. No one responded to the RFI.

Research using North American Industry Classification System code 334419 along with key word “radar” and “radar system” was used. This query produced thirty matches on Dynamic

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Small Business and no matches on Thomas Register when filtering by “radar systems” and International Organization for Standardization 14000 certified companies.

Search on Google Internet using key words "radar,” “radar system,” “APQ-170 Radar System” resulted in no matches other than DRS Sustainment Systems, Inc.

After screening each company's capabilities narrative, businesses that potentially qualified were researched further via their website. Website information was reviewed and analyzed for required capabilities related to the APQ-170 MMR System. The companies that appeared to have some capabilities were either contacted by telephone or asked general questions about their services or their websites were reviewed. 20 percent of the identified companies were contacted by telephone and asked general questions about their services and experience.

None of the companies contacted from either search were found capable of supporting the APQ- 170 MMR System.

The APQ-170 MMR 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.

Based on the market research as documented herein, DRS Sustainment Systems, Inc. is considered the only available source with in-depth APQ-170 MMR System knowledge, expertise, and specialized equipment required for this effort to meet the needs of the Government.

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.

The U.S. Air Force is the only user of the APQ-170 MMR System and does not possess all the data required to support sustaining the system. DRS Sustainment Systems, Inc. will not sell proprietary data to the Government, at any price. Reverse engineering of the APQ-170 MMR System is not possible as most of the system's components are currently experiencing obsolescence issues, which is one of the sustaining engineering tasks that DRS Sustainment Systems, Inc. will address under this effort, as well as improving reliability, maintainability, and functionality. The U.S. Air Force cannot support sustaining engineering efforts organically

Controlled Unclassified Information because the depot has been unsuccessful in gaining the required proficiency to repair the system.

The APQ-170 MMR System is a highly specialized system and the past workload has been insufficient to allow the depot to gain needed knowledge and proficiency for engineering services. The current APQ-170 MMR System is required to be sustained until such time as it is replaced or retired with the aircraft. The aircraft fleet size is anticipated to draw down from 13 to 0 aircraft by FY24 but may not be completed until FY25. DRS Sustainment Systems, Inc. is the only contractor ever certified and qualified to provide end-to-end support of the system, and is the only contractor who can provide reach back capabilities when engineering issues arise.

The only action listed was to continue to inquire into purchasing data from DRS Sustainment Systems, Inc. The plan to overcome barriers to competition in the prior J&A was to continue engaging the Original Equipment Manufacturer (OEM) on selling the TDP to the Government.

That plan was executed but the OEM continues to decline to sell the TDP to the Government.

Based on fulfillment of the prior plan, the current J&A does not require higher level approval 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 our signatures, we certify that any supporting data contained herein, which is our responsibility, is both accurate and complete.