JA BN for iPad EFB - signed.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROL UNCLASSIFIED INFORMATION

March 2020 CONTROL UNCLASSIFIED INFORMATION Page 1 of 8March 2020 CONTROL UNCLASSIFIED INFORMATION Page 1 of 8

Was a J&A approved for the preceding acquisition? Yes No

! ! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined at AFFARS 5302.101? Yes No

Dollar Value of this Acquisition: < $750K > $750K and < $15M > $15M and < $100M > $100M

Contracting Activity: 763rd Enterprise Sourcing Squadron

Purchase Request (if available): N/A

Program / Project (and PE, if applicable): Electronic Flight Bag (EFB) devices for Air Force Brand Name Only

Program Type (PEO, Enterprise, of Operational): Enterprise Contracting

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): $ 39,960,000.00 J&A Type: Class Individual

! ! Provide estimated cost of all contracts.

COORDINATION ( AFFARS 5306.304(a)) Sign and Save Procedure

** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

Date

26 Jan 2022

AF/AMC Sr. EFB Requirements Manager Richard Raesly, GS-13, DAF

AF/AMC A5/A5RS/618-229-2174

Signature

X

Date

11 Feb 2022

Contracting Officer Samuel Oas, Capt, USAF

763 ESS/PKAA, 816-456-0406

Signature

X

Date

11 Feb 2022

Communications and Info Systems Officer (CSO) Mr. Michael S. Marek, GS-15, DAF

HQ AMC/A6D/618-229-6252

Signature

X

Date

14 Feb 2022

Acquisition and Fiscal Law Attorney Mr. Bryan T. Martin, GS-14, DAF

HQ AMC/JACQ/618-229-0025

Signature

X

Date

14 Feb 2022

Chief of the Contracting Office (COCO) Mr. Gregory English, NH-04, DAF

763 ESS/CL/618-256-9995

Signature

X

Date

16 Feb 2022

AFICC/KM SCO

PETER T. O'NEILL, Col, USAF

AFICC-OLKM

X

March 2020 CONTROL UNCLASSIFIED INFORMATION Page 2 of 8March 2020 CONTROL UNCLASSIFIED INFORMATION Page 2 of 8

Date

07 Mar 2022

Director, Policy and Acquisition Support/ Competition Advocate Robert A. Hixenbaugh, DAF, NH-04

AFICC/KP

Signature

X

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature

X

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature

X

APPROVAL ( AFFARS 5306.304(a))

Date

09 Mar 2022

Deputy Director/Approval Authority Mr. Anthony Everidge, DAF, SES Air Force Installation Contracting Center

March 2020 CONTROL UNCLASSIFIED INFORMATION Page 3 of 8March 2020 CONTROL UNCLASSIFIED INFORMATION Page 3 of 8

I. Agency and Contracting Activity.

Department of the Air Force, Air Force Installation Contracting Center (AFICC), 763d Enterprise Sourcing Squadron, Flight A Section A (763 ESS/PKAA), 510 POW/MIA Drive, Bldg P40, Suite E1004, Scott AFB, IL 62225-5022.

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

Over the past several years the Air Force has incorporated the Electronic Flight Bag (EFB) as an integral piece of hardware necessary for aircraft flight operations. The Air Force currently operates approximately 44,000 Electronic Flight Bag (EFB) tablet devices and expects to grow to greater than 49,000 in future years. The EFB is required to sustain daily flight operations. This Class J&A will ensure the continuity of Air Force flight operations and its primary mission--to fly, fight and win--without disruption or jeopardy due to outdated or malfunctioning EFB tablets. Further, this Class J&A for the purchase of Apple iPad tablets, which have undergone thorough testing by the Air Force and have been approved by the Defense Information System Agency (DISA) for field use will be applicable for purchases made by all contracting activities purchasing EFB tablets for Air Force forces for the period of 1 October 2021 through 30 September 2024. This period allows for an annual technology refresh rate (in accordance with the AFMAN 17-1203 recommended End User Device Refresh Rate) of currently fielded devices and the provision of new devices to meet operational commitments and both an immediate and projected demand at a rate of ~14,800 devices per annum to satisfy the Air Force's EFB requirement with an estimated annual cost (based on an average tablet price of $900) of $13,320,00.00 and a total estimated cost of $39,960,000.00 over a three (3) year period. Approved Commercial Mobile Devices (CMDs) are available for purchase under one or more of the Air Force's Information Technology Commodity Council (ITCC) enterprise buying programs. Authorized resource managers will work with appropriate Air Force contracting offices to purchase approved Apple workstations and iPad products. The requiring activities/functional communities are responsible for the testing, configuration and mobile device management (MDM) of all Apple iPad CMDs procured under this Class J&A. Further, every Apple iPad CMD purchased using this Class J&A will only operate using a DISA approved version of Apple's iOS unless otherwise approved by SAF/CIO. In accordance with the National Institute of Standards and Technology (NIST) SP 900-53 Rev 5 requirements, the Apple iPadOs mobile devices software has an approved DISA STIG: https://usaf.dps.mil/sites/A3V/efb/efb%20cyber%20corner/forms/ allitems.aspx. The EFB requirements managers are responsible for the specific configuration and control of their respective EFBs based on Air Force mission area/capability, but the overarching Mobility Air Forces (MAF) list outlines the hardware relevant to this requirement. Please reference this as an attachment to this J&A (EFB AMC Hardware and Software List v9.3).

DISA STIGs are a critical requirement for information technology to be allowed to operate and interface with Air Force networks, hardware, and security measures. Without an approved DISA STIG, hardware such as these tablets is prohibited from being used with Air Force systems.

FFP delivery orders are anticipated because this effort is well defined and standard industry practices apply.

This justification is for products unique to specific manufacturers. Only Original Equipment Manufacturer (OEM) or their certified resellers can provide the required equipment. Use of the OEM or their certified resellers to provide the required equipment is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company.

Prior to accomplishing this Justification and Approval, an additional survey of the marketplace as well as DISA STIGS were accomplished. So far, there are no manufacturers that can meet the needs of the Air Force. No manufacturer has provided a device that has the hardware, software, and support as well as the necessary airworthiness required by the EFB program.

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

Electronic Flight Bag (EFB) commercial mobile devices (CMDs) are used as general purpose computing devices to present relevant information to Air Force flight crews for safe, efficient and effective flight operations. Under this Class J&A, approved EFB Apple iPad tablets will be provided to AF flying units at a rate of approximately 14,800 tablets per year beginning in FY22 through FY24 (three calendar years), with an expected annual cost of $13,320,000. Authorizing a three year period will enable AF aircrews to receive replacement and/or new CMDs that are capable of running the most recent National Information Assurance Partnership (NIAP), National Institute of Standards and Technology (NIST) compliant and Defense Information Systems Agency (DISA) approved version of Apple's iOS. This estimate is inclusive of EFB requirements for all Air Force flying units and is expected to result in the standardization of devices to ensure safety of flight and mission

March 2020 CONTROL UNCLASSIFIED INFORMATION Page 4 of 8March 2020 CONTROL UNCLASSIFIED INFORMATION Page 4 of 8 assurance.The total amount of EFBs required by specific Air Force mission area or capability are:

Combat Air Forces:

- Current EFB inventory by the end of FY21 is expected to be ~16,000 tablets

- Projected EFB growth is ~2,000 tablets

- Total projected need for the period of 1 October 2021 through 30 September 2024 is ~18,000 tablets

Mobility Air Forces:

- Current EFB inventory by the end of FY21 is expected to be ~15,000 tablets

- Projected EFB growth is ~3,000 tablets

- Total projected need for the period of 1 October 2021 through 30 September 2024 is ~18,000 tablets

Strategic Air Forces:

- Current EFB inventory by the end of FY21 is expected to be 1,800 tablets

- Projected EFB growth is ~200 tablets

- Total projected need for the period of 1 October 2021 through 30 September 2024 is 2,000 tablets

Training Air Forces:

- Current EFB inventory by the end of FY21 is expected to be ~5,500 tablets

- Projected EFB growth is ~700 tablets

- Total projected need for the period of 1 October 2021 through 30 September 2024 is 6,200 tablets

Expected appropriations to be used for the purchase of EFB tablets will be O&M funds--appropriation type codes 3400 (Air Force), 3740 (Air Force Reserve) and 3840 (Air National Guard), respectively.

Thus far, with only the Apple iPad and iOS have been able to meet the Air Force's needs. The key features necessary are an approved DISA STIG, ability to run ForeFlight, Authorization to Operate/Authorization to Connect to USAF networks, and other application support that iOS is necessary to run.

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 Will Satisfy Agency Requirements" and required by FAR 6.303-2(b)(4).

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 Air Force is required to preserve the operational security of its weapon systems across all domains--human, signals, imagery, and communications intelligence. The use of Apple's mobile device "i" operating system (iOS) is essential to maintaining the operational security needs of Air Force commercial mobility device (CMD) users and Apple iPads are the only electronic tablets capable of running Apple's iOS. While there are different forms and many versions of Apple iPads, this Class J&A will ensure that only those Apple iPad CMDs capable of running Apple iOS 14 or higher with a DISA Security Technical Implementation Guide (STIG) will be procured for the purposes of being used as EFBs at all AF locations that require them. Additionally, only those Apple iPad models that have undergone proper testing by the responsible Air Force functional community requiring them and are capable of running Apple iOS 14 or higher with an assigned DISA STIG (Wireless STIG Guidance for Unclassified Mobility GFE Connections can be found here: https://public.cyber.mil/stigs/ downloads/?_dl_facet_stigs=mobility). Thus far, the Apple iPad is the only hardware that has secured the necessary DISA STiG allowing for operation on the aircraft and supporting the software applications necessary for the EFB users.

CMDs that utilize a mobile device operating system that does not have an approved DISA STIG are considered more vulnerable to attack and pose significant network security concerns. Additionally, CMDs that have not been tested or configured by the responsible Air Force functional community of interest may not be capable of running electronic Flight Information and Publications (eFLIP) applications which are necessary for safe flight operations and mission success.

For the reasons cited above, the Air Force requires standardization of the mobile device operating system used to run

March 2020 CONTROL UNCLASSIFIED INFORMATION Page 5 of 8March 2020 CONTROL UNCLASSIFIED INFORMATION Page 5 of 8 mission essential applications across the entire Air Force inventory of aircraft. The use of a mobile device operating system other than Apple's iOS, and subsequently the use of dissimilar devices, could result in disruption of Air Force flight operations and potential mission failures across the enterprise. Additionally, the introduction of a diverse mobile operating system and devices other than those capable of running Apple's iOS would require a significant recapitalization of existing hardware and a substantial capital investment in both new hardware and software.

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.

IAW AFMAN 17-1203, 18 May 2018, procurement of all [unclassified] Air Force (AF) Information Technology (IT) hardware is accomplished by using one of the applicable AF Information Technology Commodity Council (ITCC) enterprise buying programs available through AFWay--https://www.afway.af.mil/ (waivers are processed through AFWay and NASA SEWP--https://www.sewp.nasa.

Approval of this Class J&A does not alleviate procuring activities from the cybersecurity risk management responsibilities outlined in AFI 17-130, Cybersecurity Program Management nor does it relieve the EFB requirements/program managers from their mobile device management (MDM) responsibilities or Commanders from their responsibility to manage the IT hardware procured under this Class J&A (ref. AFMAN 17-1203).

A redacted copy of this Class J&A shall be made available in accordance with FAR 6.305(c), (d) & (e). As the program continues in execution, the Program Office will constantly monitor the market to verify if there have been any changes to which hardware can meet the above requirements. The software/hardware combination of the current configuration is the only available way to meet the Air Force's requirement at this time, but the Program Office will continually monitor the market to determine if this changes.

On 2 September 2021 a request for information describing the EFB requirement and seeking any alternative solutions or information that could be helpful for the requirement was posted to the GPE. The response date to the RFI was 8 September 2021. The government received two responses, one from Sterling and the other from PIVOT. Neither response indicated alternative devices our solutions to meet the government's need but did advise that quantity discounts, maintenance/ replacement, and warranty services could all be improved by running the EFB requirement as a program. No response provided a viable alternative to thisJ&A.

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

Various commercial vendors are able to provide Apple iPads. This Class J&A establishes the type of hardware to be procured for the EFB program and allows for various Geographically Separated Units and Contracting Squadrons to procure hardware specific to EFB through one of the prescribed GWACs such as NASA SEWP. Fair and Reasonable price will be determined through price competition based on the receipt of quotes from contractors that are a part of NASA SEWP.

Small Business Set-Asides; Purchases made below the micro-purchase level may be purchased from either a large or small business. Purchases that exceed the micro-purchase or the simplified acquisition threshold are to be set aside for small businesses when there is a reasonable expectation that Offers will be obtained from at least two responsible Small Business concerns. Refer to FAR 19.502-1 "Requirements for setting aside acquisitions" for complete Small Business set-aside guidance.

All Apple iPads shall be procured using a lowest price, technically acceptable approach, but in no case will iPads considered "end of life" be procured as these tablets may not be fully supported by Apple after procurement, defeating the purpose of conducting a "technology refresh" and therefore do not represent overall best value to the Government.

March 2020 CONTROL UNCLASSIFIED INFORMATION Page 6 of 8March 2020 CONTROL UNCLASSIFIED INFORMATION Page 6 of 8

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

The critical hardware and software requirements of the EFB program have been outlined above. Air Force Flight Standards Agency (AFFSA) and DISA are constantly conducting market research and solutions analysis to determine which, if any, manufacturers can meet the present EFB requirement. The current combination of hardware, operating system, and additional software provided by the ipad/iOS/ForeFlight combination are the only solution to the present EFB requirement.

Until such time a suitable alternative has been approved by all the requisite Agencies and approval organizations, this is the solution that best meets the Government's needs.

Only tablets utilizing Apple iOS and Microsoft Windows operating software have been employed in the commercial airline industry and have the capability to operate required aviations applications such as Jeppesen FliteDeck or AERO eFLIP (used by the National Geospatial Intelligence Agency (NGA) to provide aircrews with the ability to view a suite of publications and military airfield charts). However, because certain aircraft required specific flight applications such as ForeFlight that would operate exclusively on Apple's iOS, the Apple iPads were determined to be the only commercial mobile end user tablet device capable of meeting the Air Force's mission requirements.

Additionally, because Apple's iOS is considered a tested and proven medium to run eFLIP applications, introducing a different mobile device operating system and tablet would cause fragmentation of an existing, viable, secure and fully functioning EFB architecture that is centered around Apple's iOS. This fragmentation could possibly induce flight safety issues and jeopardize the aircrews ability to complete their mission due to interoperability concerns of using multiple system architectures (both hardware and software). Additional mobile device management and technical subject matter experts would be required if more than one system architecture (operating system, tablet configuration and eFLIP applications) was deployed.

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

Commercial mobile end user electronic tablet devices for EFB purposes are limited to devices using Microsoft Windows Mobile and Apple iOS operating systems. The Windows Mobile OS is found on numerous tablet manufacturers (Acer, Asus, HP, Dell, Microsoft, Samsung, and Lenovo), although Microsoft has acknowledged the Surface Pro 3 is not suitable for military use. Considering the existing inventory of Apple iPads being used for EFB purposes, the introduction of new devices would disrupt the current standardization efforts of hardware and software over the previous four years (ref. Section II) and would potentially require the Air Force to make an additional capital investment and significant recapitalization of existing hardware and software (ref. Section V). Standardization of hardware is critical for user experience, hardware maintenance and fielding, as well as configuration management. When the Program for EFB is firmly established, configuration management concerns can be better addressed at the Enterprise level. See paragraph VI for market research and sources sought discussion.

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

Several of the vendors on NASA SEWP have expressed interest in setting up a NASA SEWP Delivery Order with Options (DOWO). A DOWO works similarly to a BPA and would allow for even easier ordering for the GSUs. However, at this time given the inconsistency in funding, and the issues with aggregating requirements across the multiple organizations, a DOWO is not an appropriate solution for the Government's needs. Additionally, when this requirement was solicited at End of Fiscal year 2020, there were 5 offerors who responded with quotes to the requirement. It is anticipated that there will be continued interest in seeking award of task orders for this requirement on the NASA SEWP GWAC.

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.

So far, only the iPad and iOS have been able to meet the Air Force's needs. The key features necessary are an approved DISA STIG, ability to run ForeFlight, Authorization to Operate/Authorization to Connect to USAF networks, and other application support that iOS is necessary to run. However, the Air Force is consistently surveying and evaluating alternative solutions and other sources of hardware for the EFB program.

Additionally, DISA has created a website for STIG approvals to allow vendors to initiate and coordinate the STIG process

March 2020 CONTROL UNCLASSIFIED INFORMATION Page 7 of 8March 2020 CONTROL UNCLASSIFIED INFORMATION Page 7 of 8

(https://public.cyber.mil/stigs/vendor-process/). When a potential competitor has an approved DISA STIG and their product meets the Air Force's aviation and/or maintenance application needs, the Air Force will consider that product for operational testing and determine whether that product meets safety and suitability requirements for fielding (ref. Section V "testing areas").

Finally, as the time period for validity of this Justification and Approval is expiring, 12 months prior to the expiration date, the mission partners in conjunction with the 763d Enterprise Sourcing Squadron contracting and program management teams will engage with industry to determine the best course forward. This may be through the utilization of industry days, queries through the GPE, alternative sources test and evaluation, market survey, or any other methods deemed prudent at the time of approval expiration.

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 their signatures above, the requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

Remove the Guidance pages below. Remove the IACR pages below.

The following page contains a suggested template for “International Agreement Competitive Restrictions (IACR)”.

The authority to prepare an IACR has been delegated from the HCA to the Contracting Officer.

(AFFARS 5306.302-4)

International Agreement Competitive Restrictions ( IACR)

CONTROL UNCLASSIFIED INFORMATIONCONTROL UNCLASSIFIED INFORMATION

March 2020

Remove all pages above.

I. Organization:

[ Agency, Contracting Activity (include base name and zip code) ] [ PCO (Name / Office Symbol / Phone) ] [ PR Number (If desired) ]

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

III. Description of the supplies or services being acquired, including the estimated value:

[ Include contract type, period of performance, cost and schedule, and rationale. ]

IV. Statutory Authority: 10 USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.

V. Applicability of Authority:

[ State that the cited exception is applicable because (LOA #, treaty, agreement, etc.), dated ____________, directed that the requirement be obtained from __________________. ]

[ NOTE: Provide a copy of the page(s) of the agreement, treaty, or written directions that has the effect of restricting competition by the requirements activity and attach them to the IACR. ]

VI. Certification of Accuracy and Completeness:

As evidenced by his/her signature, the contracting officer has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The CO also approves the IACR.

As evidenced by his/her signature, the program/technical/requirements manager(s) have/has determined that any supporting data contained in the IACR, which is his/her responsibility, is both accurate and complete.

March 2020 Page of International Agreement Competitive Restrictions (IACR) Page of March 2020 Was a J&A approved for the preceding acquisition?

!! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined at AFFARS 5302.101?

Dollar Value of this Acquisition:

J&A Type:

!! Provide estimated cost of all contracts.

COORDINATION ( AFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

APPROVAL ( AFFARS 5306.304(a)) NOTE: A signature block will appear here based on the "Dollar Value of this Acquisition" selected above.

(See "Specific Guidance for Completing this Template" below.)

I. Agency and Contracting Activity.

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

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

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

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

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.

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

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

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

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

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.

XII. Certification by the Contracting Officer.

XIII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template I. Agency and Contracting Activity.

II. Nature and/or description of the action being processed. (FAR 6.303-2(b)(2)) State whether the action is a new contract or a modification to an existing contract (identify contract number) and identify the contract type planned (e.g., firm-fixed-price, cost-plus-incentive-fee, hybrid etc.). If exception 2 is cited (unusual or compelling urgency), include the date of UCA/contract/modification issuance and amount.

For class J&As, where the number of contracts in the class can be identified: Provide the nature and/or description of each contract action and contract type. If the same information applies to more than one contract, it need only be stated once.

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

(FAR 6.303-2(b)(3)) Describe the supplies and/or services to be acquired and include the total estimated value of the acquisition and, for class J&As, by contract action, and the estimated periods of performance.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated J&A dollar value.

IV. Statutory authority permitting other than full and open competition. (FAR 6.303-2(b)(4)) 10 USC 2304(c)(?) (see Note 1), as implemented by FAR 6.302-? (see Note 2), and required by FAR 6.303-2(b)(4).

Note 1: Complete the 10 USC 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A. Do not provide more than one citation.

Note 2: Complete the FAR citation with the appropriate subparagraph.

Note 3: For class J&As, all contracts within the class must fall within the same statutory authority.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above. (FAR 6.303-2(b)(5)) Provide an explanation to support the use of the authority cited. The explanation should tie back to the conditions described in the FAR for using the particular authority cited.

A. Only One Responsible Source (FAR 6.302-1) (DFARS 206.302-1 and DFARS PGI 206.302-1) When using this authority, thoroughly describe the contractor's unique/highly specialized capabilities and/or qualifications (e.g., facilities, personnel, special tooling acquired), and why no other type of supplies or services will satisfy the agency requirements. This authority shall be used, if appropriate, in preference to the authority in FAR 6.302-7. This authority shall not be used when any of the other authorities apply.

For example, in the case of a follow-on contract for continued development or production of a major system or highly specialized equipment/services, the rationale must first justify the supplies/services as being a “major system” or “highly specialized.” The rationale must then justify “either” substantial duplication of cost to the government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements, whichever situation applies.

In accordance with DFARS 206.302-1(c)(2) Application for brand-name descriptions. Notwithstanding FAR 6.302-1(c)(2), in accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 6.303 is required in order to use brand name or equal descriptions.

B. Unusual and Compelling Urgency (FAR 6.302-2, DFARS 206.302-2, and DFARS PGI 206.302-2) Contracting Officers must notify SAF/AQC as soon as practicable when contemplating the use of this authority for a J&A requiring SPE approval.

Provide an explanation why (1) the supplies or services are needed at once and/or (2) essential equipment or repairs to that equipment are needed at once to preclude the ability to meet critical mission needs of the USAF and Defense of the Nation. In other words, identify the anticipated serious injury to the Government, the nature of the urgency, the reasons for it occurring and why it is “urgent and compelling” to preclude adverse impact to military readiness. Merely citing a Joint Urgent Operational Need (JUON), Force Activity Designator (FAD) rating, Program Management Directive (PMD)/Program Action Directive (PAD) guidance, or DX priority rating is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition. Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception. In addition, the period of performance may not exceed one year, including all options [FAR 6.302-2(d)(ii)]; thus, the inclusion of options, when using this authority, is not advised.

Note: This statutory authority requires that agencies request offers from as many potential sources as is practicable under the circumstances.

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3) Justifications citing this authority must demonstrate the need to establish or maintain an essential capability, or a contract for supplies or services incidental to establishing or maintaining an essential capability, possessed by the identified source(s). Some form of market survey must support the need to establish or maintain the capability being procured.

D. Authorized or Required by Statute (FAR 6.302-5) Identify what is being acquired and the applicable statute authorizing other than full and open competition in accordance with FAR 6.302-5(b).

Note: Some statutes do not require a written J&A.

E. National Security (FAR 6.302-6) This authority may be used for any acquisition when disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified material will be necessary to submit a proposal or to perform the contract. Full and open competition need not be provided for when the disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. This statutory authority requires that agencies shall request offers from as many potential sources as dis practicable under the circumstances.

F. Public Interest (FAR 6.302-7 and DFARS 206.302-7) The use of this authority requires a written Determination and Finding (D&F) in accordance with FAR 1.7 in lieu of J&A. The D&F shall not be made on a class basis.

This authority may only be used when none of the other authorities apply. Provide detail addressing the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.

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 FAR 5.2 and, if not, which exception under FAR 5.202 applies. (FAR 6.303-2(b)(6)) Describe all efforts taken, or to be to be taken, to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although market research is covered in Section VIII, the information in Section VI should correlate with the market research described in Section VIII. To ensure completeness, it is best to provide information such as the following:

If a sources sought synopsis or an RFI was issued, provide the date the synopsis was issued along with a brief description of its content. Identify the number of responses received, the results of the screening process, and the rationale for determining the unacceptability of any respondents. Note: An RFI or Sources Sought Synopsis is mandatory IAW DFARS PGI 206.303-2(b)(i) when citing the authority of 10 USC 2304(c)(1), “Only one (or a limited number of) responsible source(s)”.

Specify whether this acquisition will require a Notice of proposed Contract Action (NOCA) IAW FAR 5.201 and if not, provide the exception IAW FAR 5.202. If a NOCA was or will be publicized provide the dates or expected dates of publication of the NOCA. Address any other actions taken or planned to facilitate competition for this acquisition.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7)) Provide the basis for this determination.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8)) Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If market research was not conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i)) X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10)) If a sources sought synopsis or RFI was issued and all interested sources are included in Section VI, it is acceptable to state, “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. (FAR 6.303-2(b)(11)) If no actions are planned, provide rationale (i.e., sole-source to OEM, unable to compete due to inability to procure data rights, etc.) IAW DFARS PGI 206.304(a)(S-70)(ii), for a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a J&A citing the authority at FAR 6.302-1. Include a copy of the previous J&A and include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions; and The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see DFARS 206.304). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12)) As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c)) As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

Do You Need to "REDACT" Text?

This template is interactive and has special features. In its current state, it cannot be redacted. In order to redact any portion of this template, you must first convert it to a normal PDF file. Click here for instructions.

The following page contains a suggested template for “International Agreement Competitive Restrictions (IACR)”.

The authority to prepare an IACR has been delegated from the HCA to the Contracting Officer.

(AFFARS 5306.302-4)

IV. Statutory Authority: 10 USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.

VI. Certification of Accuracy and Completeness:

As evidenced by his/her signature, the contracting officer has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The CO also approves the IACR.

As evidenced by his/her signature, the program/technical/requirements manager(s) have/has determined that any supporting data contained in the IACR, which is his/her responsibility, is both accurate and complete.

9.0.0.2.20120627.2.874785