JA 22-00024-004 F-16 DAS redesign 3-9-22 - REDACTED.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

United States Air Force

AFSC/PZA

3001 Staff Drive Tinker AFB, OK 73145 Purchase Request (PR): FD2030-22-00024

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

This individual Justification and Approval (J & A) authorizes the use of other than full and open competition procedures to obtain a new, sole source firm-fixed price requirements-type contract to redesign the F-16 Data Acquisition System (DAS). The contemplated contract is for an engineering service contract from General Electric (GE) CAGE Code 35351. This is not a bridge contracting action. In accordance with (IAW) FAR Part 16, a 36 month basic engineering services contract is considered to be appropriate for this acquisition. The estimated total value of this award is $ with an estimated award date of 30 SEP 2022. The Screening Acquisition Worksheet states this part is 4H code and drawing 160333-11-01 i s only a top level drawing and no other data is available in the Joint Engineering Data Management Information and Control System (JEDMICS) or Military Engineering Data Asset Locator System (MEDALS).

Previous Contract Number: N/A Contractor Name: N/A Estimated Award Date: 30 SEP 2022 Estimated Completion Date: 30 SEP 2025 Basis of Award: Sole Source

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

Under the contemplated contract, GE will provide the following engineering services:

Total Purchase Request Estimated Dollars: $ of CSAG-S funding.

Contract Summary

CLIN Estimated Ordering Period Estimated Dollars/Hours

0001 Engineering Services SEP 22 - SEP 25 $ 0002 Data SEP 22 - SEP 25 $ 0003 Testing SEP 22 - SEP 25 $

Estimated Total Contract SEP 22 - SEP 25 $

Due to the circumstances described below in Sections V, IX, and XI, there are no immediate actions that could be taken to develop competition. Therefore, it is considered appropriate to seek approval for sole source justification.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(iii).

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE

QUALIFICATIONS OR NATURE OF THE ACQUISITION REQUIRES THE

USE OF THE AUTHORITY CITED ABOVE (APPLICABILITY OF

AUTHORITY)

The purpose of this document is to describe the requirements for the F-16 Data Acquisition System (DAS) redesign effort. This requirement meets the need to remove obsolescence of the DAS. This effort shall be a two phased approach contracted to develop and qualify a replacement system for the current Data Acquisition System consisting of a Data Acquisition Unit and an Enhanced Crash Survivable Memory Unit. This new system shall be integrated into USAF Block 30/32/40/42/50/52 F-16 Fighter Aircraft, as well as similarly configured foreign military partners. Phase one will consist of completing a Preliminary Design and get design approval by the System Program Office and the COR approval to move to phase two. Phase two will complete at a final product that is completely tested and qualified according to PWS F-16 Data Acquisition System (DAS) Redesign Effort Phase One dated 29 Jul 2021 and ready for production.

The Original Equipment Manufacturer (OEM), GE is the only known source that has the engineering procedures, parts, expertise, tools and test equipment necessary to sufficiently meet the Government’s requirements. GE possesses the unique capabilities such as test equipment, acceptance test procedures, theory of operation/architecture, assembly/disassembly procedures, material provisioning and selection criteria, fault diagnostics, shop practices, replacement parts and trained personnel, and technical data to satisfy the Air Force’s minimum need. This service provides engineering of six prototype DASs applicable to F-16 weapon systems. GE is providing a highly specialized engineering service on a sole-source contract for the F-16. Therefore, this acquisition will be an Engineering Services contract that will include a 36 month Ordering Period.

The engineering data, acceptance test procedures, specialized tools and test equipment necessary to foster competition is not presently available to the government and it is not possible for the Government to draft adequate specifications for the redesign engineering effort. The necessary engineering data is proprietary to the OEM. GE has specialized capabilities and system parts and it would take another vendor years to re-engineer and duplicate the process. GE is not willing to sell engineering data rights along with obsolescence data and tooling requirements. An email from Jodi Southland Senior Program Manager GE dated 06/22/2021, states data/data rights will not be sold nor provided to the Government.

The 422 SCMS believes that a new contract for a highly specialized service that only GE cage code 35351 can provide would result in unacceptable delays in fulfilling the Air

Force’s requirements. Due to current unavailability of engineering data and qualification requirements the Government does not expect that another source could become qualified in time to avoid unacceptable delays in meeting the Government’s requirements.

Accordingly, GE is the only firm capable of providing the service described in section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED

PRACTICABLE

a) A Sources Sought Synopsis (SSS) was posted on 9 Jun 2021, the reference number was FA8117-21-SS-0012 which was in support of market research to identify potential engineering sources. The SSS closed on 9 Jul 2021, with no business having responded.

b) This requirement was synopsized in http://www. beta.sam.gov as a notice of proposed contract action IAW FAR 5.201. The posting was 9 Jun 2021 and closed on 9 Jul 2021.

c) There has not been any other country sources that have expressed interest in this redesign.

There were no replies to the SSS outside this country.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE

The Contracting Officer will ensure that the items described herein are negotiated at a fair and reasonable price to the Government. IAW FAR as supplemented, the contractor will be required to submit Other Than Certified Cost or Pricing Data. A detailed price analysis will be performed. The Contracting Officer will request a technical evaluation from the Defense Contract Management Agency (DCMA) to aid in the evaluation of the contractor’s proposal if necessary. The Contracting Officer will seek audit assistance from the Defense Contract Audit Agency (DCAA) if necessary.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS

NOT CONDUCTED

As described in Section VI above and IAW FAR Part 10, market research began 9 Jun 2021 and was completed on 16 Jul 2021. Market research was conducted by Sources Sought Synopsis posted on 9 Jun 2021 and closed 30 days later. Additionally, a multi-functional team consisting of the Engineer, Equipment Specialist, and Production Management Specialist conducted further research by reviewing Parts Manufacturer Approval (PMA), Haystack, web searches, and completed on the 16 Jul 2021. Market research revealed only the OEM GE source capable of completing the prototypes. As described in Section V, GE is the only contractor able to meet this engineering requirement. Research revealed that there is no other contractors available to redesign this system and meet these requirements besides

GE.

http://www.fedbizopps.gov/

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

No further information

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

ACQUISITION

General Electric 3290 Patterson Ave Grand Rapids, MI 49512

CAGE: 35351

Point of contact:

Email:

Phone:

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

As a result of continued refusal by GE to provide data rights for developing additional sources per Sections V and IX, there are no known additional actions which can be taken to remove barriers to competition and therefore, data development cannot be established.

XII. CONTRACTING OFFICER’S CERTIFICATION

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. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

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

FULL AND OPEN COMPETITION