JA - FD2060-22-30491 (12b) (1)_Redacted.pdf

Controlled Unclassified Information (CUI)

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. Contracting Activity.

This Justification and Approval (J&A) is to request authority for Other Than Full and Open Competition (OTF&OC) supporting requirements generated for the Air Force Life Cycle Management Center, Special Operations Forces (SOF)/Personnel Recovery & Rotary Division (AFLCMC/WIU). The contracting activity for this requirement is the SOF/PR & Rotary Division Contracting Office, (AFLCMC/WIUK). The purchase request number supporting this contracting action is FD2060-22-30491.

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

Due to the circumstances described herein, the activity requests authority to procure the supply listed in this document using Other Than Full and Open Competition 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 a contract modification to the AC-130W/AC-130J/MC-130J/EC-130J Support and Sustainment, Indefinite Delivery Indefinite Quantity (IDIQ) contract FA8509-19-D-0001 to increase the ceiling by to award one new delivery order for Non-Recurring Engineering and Production. The projected award date for this task order is 31 July 2022. This contract action will result in the award of a delivery order, which will have multiple pricing arrangements to include Cost Plus Fixed Fee (CPFF), Firm Fixed Price (FFP), Cost Reimbursable No Fee (CRNF), and Not Separately Priced (NSP). The anticipated period of performance (PoP) for this delivery order is 31 July 2022 – 30 September 2023 (14 months). The ordering period for FA8509-19- D-0001 is 01 April 2019 – 30 September 2026.

This IDIQ contract will be awarded as a Single Award Task Order Contract based on FAR 16.504(c)(1)(ii)(B)(1) – only one contractor is capable of providing performance at the level of quality required because the supplies are unique or highly specialized in which this J&A provides supporting rationale.

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

Sierra Nevada Corporation (SNC) 444 Salomon Circle Sparks, NV 89434-9651

CAGE: 8X691

Large Business

III. Description of supplies/services required to meet agency needs.

This requirement is for the procurement and integration of a temporary (T-1) Link-16 Line of Sight (LOS) data capability on 19 HC-130J aircraft. The system will use the Airborne Mission Networking (AbMN) software and architecture developed for the EC-130J aircraft to ensure compatibility between the AbMN software and architecture and the Link-16 LOS data system on the HC-130J aircraft. This effort includes integrating one (1) Multifunctional Information Distribution – Joint Tactical Radio System (MIDS-JTRS) link-16 radio with remote power supply (RPS), developing and installing Group A (to include antennas, equipment rack, and wiring), initial spares, engineering data, and system testing. In addition, this effort replaces the Specialized Automated Mission Suite - Enhanced Situational Awareness (SAMS-ESA) software with AbMN software and architecture. The Government will provide a MIDS-JTRS radio (same version as EC-130J and MC-130J) as Government Furnished Equipment (GFE). The Contractor will support Qualification Test & Evaluation, VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A Request for Information (RFI) was posted to Beta.SAM.gov (formerly Federal Business Opportunities (FedBizOpps)) on 29 December 2021 with a response date of 28 January 2022 under title Interim Link-16 Capability for HC-130J, Notice ID FA8509-22-R-0009. The RFI requested responses from interested sources that possessed the expertise, capabilities, and experience to meet qualification requirements for this effort. Two vendors responded to the RFI, Data Link Solutions and SNC. The vendors were evaluated for their capability and determined to be capable based on whether they have access to the proprietary data necessary to support this effort. The SNC was determined to be the only capable vendor as the only vendor with access to the necessary data.

This requirement will be synopsized on the Government Point of Entry (SAM.gov) in accordance with FAR

5.201. It is anticipated that sources having an interest in subcontracting may be identified through synopsis. Any source that 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 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 Defense Contracting Management Agency (DCMA), Defense Contract Audit Agency (DCAA), and expert technical personnel who support the program. The contract price will be negotiated in accordance with procedures in FAR Part 15 which will ensure 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 Part 10.001 and 10.002. Market research was completed on 31 January 2022. Market research techniques used are as follows:

As described in Section VI above, an RFI was posted on Beta.SAM.gov (formerly FBO.gov) advising industry of the pending acquisition and soliciting inquiries from interested vendors. The RFI was posted under Notice ID FA8509-22-R-0009 on 29 December 2021 for 30 days. There were two responses from interested parties.

Queries were conducted within Government data bases and various internet searches (Small Business Administration (SBA) Dynamic Small Business Search (DSBS) and Google) to identify potential small business candidates for this requirement. Search criteria included keywords Link-16 and avionics installation under North American Industry Classification System (NAICS) Code 336411 “Aircraft Manufacturing”. This search criteria returned a total of three (3) matches. Of the 3 vendors identified, two (2) were Native American owned and one (1) was veteran owned. None of the three (3) potential candidates possessed the skill set or services necessary for United States Air Force (USAF) design, development, integration, and test of the aircraft mission networking modification.

Additional market research techniques used were one-on-one industry sessions, system reviews sharing key characteristics, similar programs, and discussions with Government engineers supporting avionics. Through the market research techniques conducted at the time, one (1) large business was found (Lockheed) who was assessed and determined non-capable of meeting the technical requirements associated with this acquisition.

The Link 16 LOS data system does not fit the definition of a commercial item or service in accordance with FAR 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 same or similar components.

Market research concluded that SNC is the only source that has the knowledge, expertise, and capability to meet the Government's requirements associated with the completion of the Link-16 LOS data system.

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

None.

X. List of sources, if any, that expressed 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 plan to break barriers to competition includes the delivery of a Level III production drawing package at design review. This data package will be developed from the similar EC-130J data package, with the necessary HC-130J changes. The HC-130J data will be provided at no additional cost to the government since the contractor is already being paid to develop similar data for the EC-130J’s program. This data package is intended to be used to support any future production and fielding requirements on a competitive basis.

Since the Government does not currently possess a complete technical data package and the AbMN system still requires additional development, reverse engineering is not an option for this program. It may be possible to overcome barriers to competition for future software sustainment once Link-16 passes operational test, modification is complete, and software stabilizes. At that time, the Government will perform appropriate analysis and market research to explore full and open competition for sustainment of the Link 16.

Based on the information stated above, 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 on the Coordination and Approval Document (CAD), 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) on the CAD, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.