JA_ICS Contract One 20200618 redacted_Redacted.pdf

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

FOR OFFICIAL USE ONLY

March 2020 FOR OFFICIAL USE ONLY Page 1 of 7

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

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: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: AFMC AFLCMC/HBK

Purchase Request (if available): F3YCBJ9297A001

Program / Project (and PE, if applicable): Interim Contractor Support (ICS) for the Modernization of the Air Force Navigational Aid Family of Systems (NAVAIDS FOS)

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

Authority: 6.302-2 – 10 USC 2304(c)(2), Unusual and Compelling Urgency

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

30 Jun 2020

Project Lead / Program Mgr / Requiring Activity

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

30 Jun 2020

Contracting Officer Billy Hung

AFLCMC/HBK

billy.hung.1@us.af.mil, 405-582-1452

Signature

HUNG.BILLY.13

65688342

Digitally signed by HUNG.BILLY.1365688342 Date: 2020.06.30 11:27:19 -05'00'

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I. Agency and Contracting Activity.

United States Air Force

AFLCMC/HBA

3001 Staff Dr. Ste 2AI-86A Tinker AFB, OK 73145

F3YCBJ9297A001

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

This is an individual J&A for a new contract. It is a non-commercial effort and is not a bridge action as defined in the AF Bridge Action Reduction plan. The Contractor will perform ICS services for the NAVAIDS FOS.

Contractor Information:

Thales USA, Inc.

Cage Code: 65597

Contract Type: Firmed Fixed Price Performance Period: 3 months Estimated Award Date: July 2020

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

The Air Traffic Control and Landing Systems (ATCALS) program office requires ICS services for sustainment of the NAVAIDS FOS program, which includes the Very High Frequency Omni-Directional Range (VOR), Fixed Tactical Air Navigation (TACAN) and Fixed Very High Frequency Omni- Directional Tactical Air Navigation (VORTAC). ICS will provide temporary logistics support for the weapon system and subsystems until the government maintenance capability is developed. The transfer from ICS to organic depot support was initially scheduled for December 2020. The program office believes it could be as late as March 2021 before depot support is officially available. The period of performance (POP) on this contract provides time for another longer term acquisition to be completed under FAR 6.302-1 authority in accordance with FAR 6.302-2(d) which states that the POP of a contract using FAR 6.302-2 may not exceed the time necessary to meet the unusual and compelling requirements and for the agency to enter into another contract for the required services.

The contractor is to provide ICS for the sustainment of NAVAIDS FOS through a comprehensive logistics support plan. The Contractor shall provide all qualified personnel, materials, management, technical services, equipment and contractor facilities necessary to support the requirements of the Performance Work Statement (PWS). During the ICS period the contractor shall be responsible for all depot-level maintenance repair actions and field-level repair actions as required. For those components and software installed to support this modernization effort, the Contractor shall provide the level of support required to sustain the required Operational Availability (Ao) of 99% for the modernized NAVAIDS FOS. As part of this support, the Contractor shall provide technical troubleshooting and operational support services which the Government can utilize 24 hours a day, 7 days a week, with Contractor responses provided no later than the next business day.

The Contractor shall develop and implement a process for managing all activity required on the ICS program. The Contractor shall maintain a record of all ICS activity that is updated regularly and make it

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As a part of the ICS program, the Contractor shall develop and implement a plan to supply required hardware for the modernized NAVAIDS FOS. The supply plan shall allow for submission of parts requisitions by the Government 24 hours a day, 7 days a week and Contractor shipment of requested items within 24 hours of requisition.

This individual J&A authorizes the use of ICS for the NAVAIDS FOS beginning either on the date of contract award for systems without current ICS coverage or on the expiration date of systems with active ICS coverage.

The period of performance will end 9/28/2020 and 3400 appropriations will fund this effort.

Contract Summary

YEAR Quantity Unit Price Estimated Dollars Estimated POP

Basic 154mo Jul 20 - Sep 20

Estimated Total Contract Value

*The awarded quantity of months will be split across 54 systems.

Reference the table found in the PWS paragraph 1.5 to see schedule of ICS coverage for individual systems.

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

10 USC 2304(c)(2) as implemented by FAR 6.302-2(a)(2)

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

1. The NAVAIDS FOS Non-Developmental Item (NDI) contract FA8102-13-D-0001 was competitively awarded on 28 Feb 13 and includes production, non-developmental items, installation and ICS services. The basic contract expired on 27 February 2019. The ICS services commence one-year after installation of a system. Based on this, the timing of ICS expiration under contract FA8102-13-D-0001 varies from system to system. When aforementioned contract was originally awarded, the plan was for the 448th Supply Chain Wing to take ownership over the parts support and for organic depot activation at Tinker AFB to occur no later than December 2020. Due to unforeseen delays in this plan, it is imperative that ICS services continue until the organic depot can officially stand up. of the systems and this number continues to increase every month there is a delay in contract award. Without the means to repair these systems, the loss of ICS services

The

A basic period of performance beginning in July 2020 and ending in September 2020 will enable the Government to meet urgent requirements and maintain coverage until a long term contract can be awarded. This unusual and compelling urgent award will help prevent serious injury to the Air Force by enabling its critical mission to continue without fail. The lack of ICS will cause airfields to shut down.

2. Thales is the Original Equipment Manufacturer (OEM) for the FOS Program equipment which includes the VOR), TACAN), and VORTAC). Thales is currently providing warranty coverage and ICS for the installed FOS Program equipment. Thales is still in the process of producing and installing the FOS equipment on

March 2020 FOR OFFICIAL USE ONLY Page 4 of 7 additional systems. Thales is the only company with the unique test fixtures and technical data required to satisfy the Air Force's minimum need. This follow-on ICS services contract to support the FOS equipment is considered highly specialized because of the data, unique test fixtures, and unique test procedures required to repair and test the following Line Replaceable Units (LRUs), Low- Power Transmitter, High Power Amplifier, Goniometer, Coupler and Antenna Switch, Interface, Local Control Status Unit (LCSU), Remote Maintenance Monitoring (RMM), Audio Generator, Radio Frequency (RF) Amplifier, Interrogator Set, Duplexer, Frequency Synthesizer (TFS) Electronic Component Assembly, Radio Transmitter, Monitor Range Module B MRB Circuit Card Assembly, Transponder processor (TPR) Circuit Card Assembly, RF Receiver and Modulator Transmitter Modulator (TMD) Circuit Card Assembly. The LRUs that make-up the FOS Program equipment purchased from Thales are unique and they will not plug and play with other vendor equipment.

Therefore, this acquisition will be a follow-on contract for a highly specialized service.

3. Thales is the only responsible source that can provide the required ICS coverage between the final installation periods and the initiation of organic depot support, initially scheduled to begin December 2020. Thales designed the FOS equipment at their own private expense. All technical data for the LRUs are marked with a Distribution B marking, prohibiting release outside the Government. Thales is the only source with access to the data and unique test equipment needed to repair the FOS LRUs. This data and unique test equipment provide the information needed to test specific LRUs to determine if they are operational before and after repair, along with identifying which LRU needs repair. Although we are in the process of retrieving the test fixtures and test procedures to stand-up an organic depot, the Government has not taken possession at this time and will not for several months. Therefore, even if the Government were able to release the data, we do not currently have the fixtures or data in possession for release to another vendor to compete this effort. Since Thales is actively performing ICS services on applicable FOS equipment, they require continued access to the test fixtures and cannot provide them to the Government until their obligation to perform ICS services is complete. Thales is the only vendor that can provide the ICS support without unacceptable delays since they are the only vendor that has the required test fixtures and test procedures to repair and test the LRUs for operability.

4. Other vendors will not have the unique LRUs on hand to provide new replacement LRUs by the required turn-around time of 24 hours from contact to support the ICS. In addition, there are no other sources that have access to the technical data or unique fixtures required to repair or build the LRUs.

Accordingly, Thales is the only firm capable of providing the urgent services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements, resulting in a complete disruption of airfield operations.

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 Request for Information (RFI) was posted on FedBizOpps that described the work and expectations of the Government. A draft PWS was provided for interested parties to review the scope of work and for a better understanding of the requirements. A capability survey was also provided.

RFI was posted for 30 days 06/26/19 - 07/26/19 under Identifier “Market_Research_ICS_NAVAIDS_FOS”.

The Government inquired how interested parties might address the lack of drawings, specifications, technical data, and test procedures required to perform the ICS services in support of NAVAIDS FOS. Responses were received from Thales and Moog, Inc.

Two responses were received:

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Moog Inc., Cage Code: 19156, provided a response to the RFI. The response addressed many aspects of the RFI but failed to address a major element required for the success of the effort. Due to a lack of technical data, interested parties were asked "How will your organization address the absence of drawings, specifications, technical data, test procedures etc?" In Moogs response to the RFI, this question was not addressed at all. In addition to this, the program office has explained that Moog does not have necessary equipment made by Thales to support ICS efforts. For these reasons, Moog cannot meet the Government's requirement.

Thales USA Inc, Cage Code: 65597, provided a response to the RFI that addressed all aspects of the Government's requirement.

In accordance with FAR 5.202 (a)(2) this effort will not be synopsized due to the possible serious injuries described in Section V above. Thales is the only contractor able to meet the Government's requirement.

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 Certified Cost or Pricing Data and/or Other Than Certified Cost or Pricing Data. A detailed cost analysis and price analysis will be performed. The Contracting Officer will request a technical evaluation from the program office and may request one from Defense Contract Management Agency (DCMA) to aid in the evaluation of the contractor's proposal. 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.

Market research was conducted in accordance with FAR Part 10. A RFI was posted on FedBizOpps that described the work and expectations of the Government. A draft PWS was provided for interested parties to review the scope of work and for a better understanding of the requirements. Thales' response to the RFI included an explanation of how they intended to meet the Government's requirement to include data, drawing and test equipment required for to provide ICS. Moog's response to inquiries regarding their approach to lack of drawings, specifications, technical data, and test procedures were left blank, leaving the Government to conclude that Moog, Inc. had no means to obtain the required data to complete this effort with any level of confidence.

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

No Further Information

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

Two contractors expressed interest in the acquisition:

Thales USA, Inc.

Cage Code: 65597 10950 El Monte St Ste 110 Overland Park, KS 66211-9786

Moog Inc.

Cage Code: 19156 2268 S 3270 W Salt Lake City, UT 84119-1112

Moog Inc. is not considered a viable firm due to their lack of required technical data.

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 services procured via this contemplated contract will only be required once. All support provided after this contract will be accomplished via organic depot support. Efforts to develop future competition are not possible

XII. Certification by the Contracting Officer.

The contracting officer's signature on the Coordination and Approval Document evidences that he/she 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.

By their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified as accurate and complete all supporting data, which is their responsibility, contained herein IAW FAR 6.303-2(c).

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