JA__JTE_Redacted.pdf

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

Was a J&A approved for the preceding acquisition where that acquisition required a J&A? 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 DAFFARS 5302.101? Yes No

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

Contracting Activity: AFLCMC/WNRK

Purchase Request (if available) / Local ID Number: TBD

Program / Project (and PE, if applicable): Joint Threat Emitter Software/Hardware Sustainment Support

Program Type (PEO, Enterprise, of Operational): Sustainment Program under PEO Training

Authority:

6.302-1 – 10 USC 3204(a)(1), Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements Estimated Contract Cost (including options): $ 49M J&A Type: Class Individual

! ! Provide estimated cost of all contracts.

COORDINATION ( DAFFARS 5306.304(a))

Date

09 Jun 2025

Project Lead / Program Mgr / Requiring Activity

AFLCMC/ / - -

Signature

Date

12 Jun 2025

Contracting Officer

Date

25 Jun 2025

Local Legal Reviewer

AFMC / / - -

Date

25 Jun 2025

Chief of the Contracting Office (COCO)

Date

02 Jul 2025

Competition Advocate V.

AFMC _ / / - -

Signature

Digitally signed by

Digitally signed by

. . . Digitally signed by

. . . Digitally signed by

. . . Digitally signed by

APPROVAL ( DAFFARS 5306.304(a))

Date

12 Aug 2025

Program Executive Officer (PEO)

Digitally signed by

I. Agency and Contracting Activity.

Department of the United States Air Force

AFLCMC/WNRK

Contracting Officer:

Hill AFB, UT 84056

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

Upon approval to use other than full and open competition, the Air Force will award a non-commercial contract for software and hardware support for sustainment of the Joint Threat Emitter (JTE). This support is essential for continued operation, as the sustainment of the JTE encompasses necessary updates, troubleshooting, and ongoing support that is inextricably linked to the incumbent's proprietary technology of the Combat Electromagnetic Environment Simulator (CEESIM) including highly specialized proprietary software sustainment services.

The Indefinite Delivery/Indefinite Quantity contract pertaining to computer software utilization and interaction will be issued to Northrop Grumman Systems Corporation. - CAGE code

The basic (ID/IQ) will contain a five-year ordering period with a six month "Option to Extend the Term of the Contract" (FAR Clause 52.217-9), for a total potential ordering period of five years and six months. This Class J&A is used to cover the basic IDIQ and associated Task and Delivery Orders. The estimated award is set for April 2026.

JTE support is currently contracted under FA8210-18-C-0001, with period of performance ending March 2026. The follow-on software and hardware support for sustainment contract is anticipated to include Fixed-Price and Cost- Reimbursement pricing arrangements. This effort is significantly higher dollar value due to several factors. Costs for material and labor have increased significantly since 2018. The number of systems needed to support has increased. The scope of this contract includes hardware support and mitigating obsolescence issues, whereas the previous contract did not. The $49M ceiling covers planned costs for efforts and support throughout the contract and provides for any unanticipated efforts.

The previous contract was awarded to Amherst Systems, Inc; however, by execution of a Novation Agreement, the Government recognizes NORTHRUP GRUMMAN SYSTEMS CORPORATION as the successor in interest of AMHERST SYSTEMS, INC. 2023 March 16.

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

The purpose of this effort is to provide software/hardware support and sustainment for the JTE systems that contain restricted, proprietary data owned by Northrop-Grumman (NG). NG will be expected to provide proprietary sustainment services to include on-call software and hardware maintenance, intermittent software patches, yearly software revisions, cybersecurity implementation, planned and unplanned hardware upgrades, Engineering Change Proposals (ECP), configuration file maintenance, Technical Data Package updates and delivery, troubleshooting support, on-site support, field problem report tracking, root-cause failure analysis, and expertise in support of the operational software and hardware contained in the JTE system. Perform all duties and functions necessary to deliver comprehensive Software Maintenance Support. This includes Quarterly Patches/STIGS delivery, Bi-Weekly Telecons, Meeting Minutes, standard software fixes and upgrades including emergency software releases (if required) and Yearly Software Baseline releases to include up to 8 standard fix requests from users, JTE Hotline telephone/email support (to include SW and HW troubleshooting). The contractor shall verify the integrity of Firmware updates and provide support for implementation of Firmware updates to the JTE fleet and associated IUID.

Additional Software "as needed" task orders to include: First Article Testing (FAT), Site Integration Testing (SIT), and software install/setup across the entire fleet, and Bi-weekly field support/software release status meetings. Additional ECP "as needed" task orders to include: Technical Data Packages (TDPs), Validation / Verification (Val/Ver), FATs, SITs, Contractor-level installation rollouts (if required). And finally, Semi-Annual Program Management Reviews (PMRs) virtual or in-person as needed to include all CDRLs, Monthly Status Reports (MSRs), Bi-weekly status meetings, Contract Funds Status Reporting (CFSR), and Integrated Master Schedules (IMSs).

These services and supplies will be 3400 Operations and Sustainment funded and are expected to have an estimated maximum value of $49M to keep the system operational and provide the necessary support and upgrades.

CLINS: Contract Type:

X001 - Program Management - - X002 - Software Management - - X003 - Cybersecurity - - X004 - Phone Support - - X005 - Hardware Support/ECP X006 - Travel - X007 - Shipping -

X008 - CDRL

Program Requirements:

FY26: $ FY27: $ FY28: $ FY29: $ FY30: $ FY31: $

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

This procurement covers highly specialized sustainment services for proprietary software. The software's specialized nature stems from its function: it interfaces directly with proprietary Northrop Grumman components to generate electronic warfare threat signals. These signals are subsequently used to generate and execute custom mission and reactivity files. The JTE system was originally procured competitively as a production task order on the FAST contract F09603-01-D-0209-QP0S. The task order did not include the full data rights nor did it include delivery of any data for the software to competitively bid software sustainment services. Northrop Grumman Systems Corp.

(NGSC) has restricted rights for a majority of the original software baseline with no expiration date associated with these rights (DFARS 252.227-7014). The restricted rights prohibit the Government from permitting a different contractor or subcontractor from decompiling or reverse engineering the applicable proprietary software without permission from NGSC.

Market research conducted September 2024 - April 2025 has indicated that no other source can meet this requirement. NGSC is the only source that possesses all the software and software tools including all the systems specifications, designs, drawings, test plans, manufacturing documentation, source code, software compilers, software development stations, and expertise necessary to meet all JTE software maintenance requirements. NGSC will be required to provide necessary repairs, patches, obsolescence hardware support, and software maintenance to keep the JTE fleet operational. Therefore, this acquisition is for continued performance of a highly specialized service.

Currently, only NGSC can provide software support services for the JTE software baseline due to its proprietary code. Although the Government retains some production rights, it does not possess adequate software and license rights to facilitate full and open competition for complete software maintenance.

In an e-mail dated 15 April 2025 to NGSC, the Government requested an option to purchase software rights to competitively procure software sustainment for the JTE systems. NGSC evaluated the request and declined to offer a price or the ability to purchase the software rights in a response dated 17 April 2025. The response was in line with a letter from NGSC dated 15 June 2023 to the Hill Contracting Office stating "The Air Force does not own or have the requisite license rights to the design, or the data required to manufacture the Pulseman CEESim and its components (MCDRC, RFGU SLICE). Northrop Grumman Systems Corporation is not offering to sell expanded data rights to the Air Force for these components."

The JTE program office believes that an award to any other source other than NGSC would result in substantial duplication of cost that is not expected to be recovered through competition and unacceptable delays in fulfilling the Air Force's requirement. NGSC is unwilling to sell sufficient software baseline source code to allow for full and open competition. The original software baseline has already been redeveloped as part of the JTE Follow-on production contract (FA8210-13-C-0001). Duplicating the JTE Follow-on work requires at minimum a 3.5-year re-engineering effort. This is unnecessary, as the original contract focused on the software baseline and excluded CEESIM re-engineering requirements, cost, and schedule. Therefore, this path duplicates effort, adds significant, unplanned cost and schedule, is inefficient, and high-risk.

Northrop Grumman Systems Corporation is the only firm capable of providing the services described in Section Ill above without the U.S. Air Force experiencing substantial duplication of cost that would not be recovered through competition in fulfilling its requirements.

V. 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.

On October 1, 2024, A Sources Sought Synopsis (SSS) for the JTE Software/Hardware Sustainment Support requirement (JTE_Sources_Sought_SW_final) was posted on SAM.GOV for 30 days.

The SSS was posted to the System for Award Management (SAM.gov) website as a preliminary step to gather information and identify potential sources for the Joint Threat Emitter (JTE) software and hardware support contract. This posting was intended to determine the availability of qualified vendors and to inform the acquisition planning process. By posting the synopsis on SAM.gov, we were able to reach a wide audience of potential vendors and gather valuable information about their capabilities and interests. In addition to the responses received through SAM.gov, we also conducted internet searches to further research and validate the capabilities of small businesses that did not provide a full response to the synopsis. This supplementary research helped to ensure that we had a comprehensive understanding of the vendor landscape and the potential sources of support for the JTE program.

To gain deeper insights and clarify contractual technical requirements outlined in the SSS, follow-up activities, including an in-depth Industry Day on 27 January 2025, and the following weeks one-on-one sessions were held to provide opportunities to gather crucial information and insights directly from industry partners and provide contract requirements overview. Industry day offered a broad overview and allowed for vendor comparison. It provided a platform for vendors to address specific questions and clarify contractual requirements. This reduces the risk of misunderstandings and potential disputes later in the acquisition process. One-on-One sessions facilitated deeper dives and relationship building. It allowed for detailed discussions of individual solutions, further reducing risk and facilitating a deeper understanding of each vendor's capabilities. Industry Day and the One-on-One sessions revealed a critical factor: the successful support of the Joint Threat Emitter (JTE) system hinges on a proprietary component developed by Northrop Grumman (NG). This component is so specialized and integral to the system's operation that all other interested vendors have deemed it impossible to provide adequate support without a direct partnership with NG.

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

The Contracting Officer (CO) will ensure the items described herein are negotiated at a fair and reasonable price to the Government. In accordance with FAR as supplemented, the contractor will be required to submit Certified Cost or Pricing Data. A detailed price analysis will be performed. The CO will request a technical evaluation from the SPO and any audits to aid in the evaluation of the contractor's proposal if necessary. Additional steps to ensure price reasonableness will be under the guidance of the Contract Pricing Reference Guides, jointly developed by the Federal Acquisition Institute and the Air Force Institute of Technology. The CO and Cost/Price Analyst will utilize the Contract Business Analysis Repository, Defense Federal Acquisition Regulation Supplement (DFARS) Procedures, Guidance, and Information (PGI) 215.4 to harness lessons learned, optimize negotiation leverage and secure the best business deal. The CO will obtain certified cost or pricing data in accordance with FAR subpart 15.403 as required prior to negotiations. The CO will document pre-negotiation objectives in a Pre-Price Negotiation Memorandum and subsequent to negotiations, a final Price Negotiation Memorandum. These memorandums will include details on price reasonableness and how a fair and reasonable price is established for the contractual action.

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

Sources Sought Synopsis (31 Oct 24) - 9 total responses Market Research Report (31 Jan 25) - 3 vendors of high interest Industry Day (6 Feb 25) - Attended by 6 vendors One-on-Ones (11 Feb - 19 Feb 25) - Requested by 4 vendors

The market research conducted, including responses to the sources sought synopsis request and in-depth discussions during Industry Day and one-on-one sessions, has revealed a critical factor: the successful support of the Joint Threat Emitter (JTE) system hinges on a proprietary component developed by Northrop Grumman (NG).

This component is so specialized and integral to the system's operation that all other interested vendors have deemed it impossible to provide adequate support without a direct partnership with NG.

Given NG's intention to compete directly for this contract rather than partner with another vendor, awarding a sole-source contract to NG emerges as the only viable solution. This approach ensures the government gains access to the specialized expertise and proprietary knowledge necessary for uninterrupted and effective JTE support. While the RTSPO recognizes the value of small business set-asides, the highly specialized nature of this requirement necessitates prioritizing mission success and technical capability above all else.

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

None

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

The list of sources below expressed interest and provided a written response to the sources sought synopsis (SSS). However, the proprietary nature of the CEESIM technology, particularly its highly specialized software, presented a significant hurdle to other sources, leaving Northrop Grumman as the only remaining source.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

A. Feasibility Study: A study will examine the feasibility of re-engineering CEESIM. This will involve analyzing the existing system's architecture, identifying potential areas for improvement and modernization, and estimating the resources and time needed for a successful re-engineering project. The study will deliver detailed reports outlining findings and recommendations. We cannot reverse engineer (figuring out how the CEESIM editor works); however, it may be possible to re-engineer (creating a similar but improved function, as an alternate to CEESIM).

B. Selection and Implementation: Based on the findings of the feasibility studies, we will select the most viable re-engineering option for ensuring continued CEESIM functionality and fostering future competition. The chosen approach will be fully implemented to meet the 2031 support requirements, including thorough testing and validation.

C. Competitive contract vehicles will be utilized to solicit proposals for sustainment/upgrade requirements not related to the proprietary data. By utilizing competitive contract vehicles for the non-proprietary elements, the government can access a wider pool of potential vendors and foster competition.

D. Securing Rights and Data: Our previous J&A spoke to acquiring the data rights and this was pursued; however, NG was unwilling to sell the rights. The retrofit to 2.0 software purchased on FA8210-13-C-0001 only covered baselines and not CEESIM editor; therefore, it is still proprietary because CEESIM is integrated throughout the software. Parallel to the technical efforts, we will pursue acquiring the necessary rights and data from Northrop Grumman again associated with CEESIM. This will involve negotiating terms for access or transfer of ownership, and securing all essential data required for ongoing support and future development or modification of the system.

Assuming NG will be willing to negotiate the data rights, this process will ensure legal compliance and facilitate a smooth transition to a competitive environment.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief. (FAR 6.303-2(b)(12))

XII. Certification by the technical/requirements personnel.

As evidenced by my signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete. (FAR 6.303-2(C))