JA Maverick BOA Final 20May20.pdf

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

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

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

Contracting Activity: AFLCMC/EBHKA

Purchase Request / Local ID Number: TBD

Program / Project (and PE, if applicable): Maverick Rocket Motor Aging & Surveillance

Program Type (PEO or Other Contracting): PEO Program, Non-ACAT

Authority (include full title): 10 U.S.C.2304(c) (1), as implemented by FAR 6.302-1, Only One Responsible

Estimated Contract Cost (including options): $3,885,000.00 J&A Type: Class Individual

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

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Date

27 May 2020

Contracting Officer:

Kimber, Matthew L

USAF AFMC AFLCMC/EBHKA

DSN 777-4245

Signature

X

Date

26 May 2020

Program Mgr:

REASE, WELDON C

USAF AFMC AFLCMC/EBHGA

DSN 777-4688

Signature

X

Date

29 May 2020

Local Legal Reviewer:

Jonathan R. Bryant

801-777-7543

Signature

X

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

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Date

01 Jun 2020

Alternate Competition Advocate

Davis, Preston

AFMC OL_H/PZCA/B

801-775-3837

Signature

X

Note 1: See guidance at the end of this document for completing the following sections.

Note 2: Each field will expand automatically if additional space is needed.

I. Contracting Activity.

United States Air Force

AFLCMC/EBHKA

6033 Elm Lane, Bldg 1247 Hill AFB, UT 84056-5825 Contracting Officer: Matthew L. Kimber

PR# TBD

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

A. Upon approval to use other than full and open competition procedures, the Air Force will issue a Basic Ordering Agreement (BOA) with task orders, follow-on, non-commercial contract for Aging & Surveillance Testing in support of the Maverick Missile rocket motors SR109, SR114 and SR129 (FMS) with:

NGIS - ATK Launch Systems Inc., 9160 N Hwy 83, Corinne, UT 84307 Cage Code 07703

B. Previous contract (FA8213-15-D-0004) was a sole source Indefinite Delivery Indefinite Quantity (IDIQ) 5-year PoP 09/30/2015 through 09/30/2020.

C. Contract Type and Structure: BOA (Basic Ordering Agreement) Engineering Services Contract five year ordering period.

The BOA will contain Firm Fixed Price and Cost Plus Fixed Fee Clins. The work required on the individual task orders will determine the contract type used for that particular order.

D. Estimated ceiling for this J&A $3.885M.

E. Estimated date of Award for the BOA 07/2020, estimated date of Task Order #0001 09/2020. If an order is placed on the last date of the BOA, PoP would be one year making the total Period of Performance 6 years from date of Issue.

F. Type: Individual J&A ( Sole Source Determination)

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

A. The purpose of this contract under the contemplated services contract, NGIS-ATK Launch Systems Inc.(ATK), will provide the following services for the Maverick Missile Program: Aging & Surveillance Testing for SRI09 (NSN: 1337-00-232-4187), SR114 (NSN 1137-01-118- 4657) and SR129 (FMS) NSN 1337-01-475-1565 Rocket Motors. The purpose of this contract is to support a Service Life Evaluation (SLE) of the Maverick Rocket Motor. The AGM-65 Maverick Missile is a unique and aging weapon system requiring periodic testing to preclude catastrophic failure. The energetic rocket motor missile components require periodic testing to identify aging trends and possible deterioration or instability of energetic materials. In completing this study, mechanical and chemical testing techniques will be applied to dissected rocket motors with predetermined age factors to predict probability of rocket motor failure. It is important in testing, especially aging and surveillance testing, to maintain continuity in testing methods and processes so that no additional variables are introduced into the existing accumulation of test data. Results will be analyzed, service life quantified, and a written report will be provided to the Government for analysis in establishing/verifying the health of the Maverick Missile inventory.

B. Listed below are anticipated CLINs in support of the required testing:

Total of 7 CLINs:

2 for the SR109: Service Life Evaluation (Standard, FFP)* & (Standard Plus Investigation, CPFF))** 2 for the SR114: Service Life Evaluation (Standard, FFP)* & (Standard Plus Investigation, CPFF))** 2 for the SR129 (FMS): Service Life Evaluation (Standard, FFP)* & (Standard Plus Investigation, CPFF))**

C. Estimated cost per CLIN $777K - One funded CLIN per year (either standard or plus investigation or both), one configuration of government rocket motors is tested each year, either the SR109 or SR114 never both in the same year. The FMS rocket motor SR129 would be part of the task order but funded with FMS funds on separate CLIN but on the same Task Order. The amount of funding is the allotted 3400 CAM funding per fiscal year, depending on the effort each Task Order will be funded but will not exceed the $777K threshold.

* Tests identified as 'Standard' shall include analysis of, but not limited to, uni-axial tensile strain endurance, and relaxation modulus sub-scale testing results of the propellant and bondline as it pertains to structural integrity and aging.

** Tests identified as 'Standard plus investigation shall include analysis of all items mentioned previously, in addition to contractor recommended supplemental tests to target most likely failure mechanisms attributed to propellant/ liner/ bondline aging recommended in prior years A&S studies for the applicable motor.

CLIN #7 - Data - Not Separately Priced

D. The total estimated ceiling of $3.885M is based on previous contracts of this type and increase of 3% per year for inflation for the ordering period. Task orders will be funded using O&M funds (3400). Approval is requested for more than one fiscal year funding as this is a contract with a five year ordering period.

Contract Funding Summary

5-Year BOA Quantity Unit Price Cam Funded Dollars Estimated Period of Performance Task Order 1 3 ea TBD $777,000.00 Oct 20 – Sep 21 Task Order 2 3 ea TBD $777,000.00 Oct 21– Sep 22 Task Order 3 3 ea TBD $777,000.00 Oct 22 – Sep 23 Task Order 4 3 ea TBD $777,000.00 Oct 23 – Sep 24 Task Order 5 3 ea TBD $777,000.00 Oct 24 – Sep 25

Total $3,885,000.00

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) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

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

A. This contract is for highly specialized engineering services. NGIS-ATK is the OEM and only manufacturer of the SRI09/ SR114 & SR129(FMS) solid rocket motors and the only qualified source to provide SRI09/SR114 & SR129 (FMS) Aging & Surveillance Testing. NGIS-ATK is the only company that uses a mechanistic approach to aging and surveillance testing, which analyzes both chemical and mechanical properties and relationships of propellants. NGIS-ATK uses proprietary processes to produce microtome (to cut extremely thin slices of material, known as sections) specimens that are unique and developed solely on NGIS-ATK funding. As this process is proprietary to NGIS-ATK it is not currently performed by any other company, these processes must continue to be used now and in the future to maintain the integrity of the testing and the test data so that a comparison between old data and current data will be valid. NGIS-ATK is the OEM and owns proprietary rights to the Microtoming process and the proprietary data used for the requested rocket motor age life predictions.

Therefore this acquisition will be for the follow on contract for continued performance of highly specialized services.

B. NGIS-ATK is the only source that has the knowledge of the current baseline and is the only source for specific data rights for the development of processes, models (aging & surveillance) and risk analysis. NGIS-ATK is the only source with the required specialized equipment and procedures for the proprietary model that is utilized to predict rocket motor age related performance. The last attempt to obtain data rights was February 2020 by the Maverick Program Office. NGIS-ATK responded indicating that all things are negotiable but the process would be long and difficult add would be costly, but NGIS-ATK would consider selling the data rights or at least enter into negotiations for them.

C. The Maverick Systems Program Office (SPO) believes that award to any other source would result in substantial and unacceptable delays to the Government and would not be recovered through competition in fulfilling this government requirement. If another source was to try and qualify for this requirement, they would first they have to negotiate with NG- ATK for the data rights, with that being said negotiations could take well over a year, Maverick's aging & surveillance program is on a yearly basis, add the cost for the source to either acquire the equipment from NG-ATK or build new test equipment & then acquire the expertise to do the testing would be well over a 3 year time frame. There is no precedent future or past to estimate cost or time for a new source to do this requirement, the government has already invested $2.7M, not including ATK funded portions of the model development and test specimen preparation, which included research and development time that would be required by another source.

D. Award to other source would result in delays for test requirements. Based on Original Equipment Manufacturer (OEM) and Maverick Program office experience with previous contracts (FA8213-14-C-00061 & FA8213-15-D-0004 ) a contractor not already capable of performing Maverick Rocket Motor Aging and Surveillance testing would require a access to NGIS-ATK proprietary information to become qualified to perform rocket motor Aging and Surveillance testing.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A. Sources Sought Synopsis: (SSS) was posted on January 8, 2020 with a response date of February 7, 2020 for Aging & Surveillance testing for the Maverick Missile System Rocket Motors. The government was seeking potential sources with sufficient engineering and manufacturing knowledge to test energetic missile components to identify aging trends and possible deterioration or instability of energetic materials. Potential sources must have the capability to apply mechanical and chemical testing techniques for dissecting rocket motors with predetermined age factors to predict probability of rocket motor failure.

NGIS-ATK was the only response received from the (SSS).

B. Synopsis: This requirement will be synopsized in the Beta Sam as a notice of contract action IAW FAR 5.201. If other sources express interest as a result of this synopsis or other actions , they will be listed in the official contract file.

C. Other Actions: None

D. Qualifying Country Sources: None

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

The following steps will be taken to ensure that the anticipated cost of this acquisition will be fair and reasonable. The Contracting Officer will comply with procedures and criteria contained in Federal Acquisition Regulation (FAR) under Part 30

- Cost Accounting Standards, Part 31 - Contract Cost Principles and Procedures, Subparts 15.4 - Contract Pricing; to include technical evaluations and audits, as appropriate. 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 Contracting Office will obtain certified cost or pricing data IA W FAR Subpart 15.403. The detailed documentation and justification of price reasonableness will be disclosed in the official Price Negotiation Memorandum, to be prepared upon completion of negotiations.

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

A. As described in Section VI above, market research in accordance with FAR Part 10 was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

B. IAW FAR Part 10, results of the current market research conducted from January through February of 2020 determined that these services are not available commercially or through another developmental source.

C. As part of market research, interviews were conducted with similar programs subject matter experts. All were knowledgeable and familiar with the Maverick AGM-65 Missile System, USAF Aging and Surveillance Program, and Surveillance testing in general. No one contacted indicated any knowledge of additional sources or current testing authorities. United States Air Force personnel and industry technical leaders have been unable to locate additional sources qualified to provide Aging and Surveillance testing for the AGM-65 Maverick Missile Rocket Motor. As a result, NGIS-ATK is the only known responsible source that can provide this requirement to the U.S. Government.

D. Placed a Sources Sought on Beta Sam, reviewed an older market research from a previous contract and did some Internet searches on possible sources who have produced rocket motors for other similar weapon systems. None of these methods developed a viable source other than the one mentioned in this market research.

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.

See Section VI

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.

Until the Government obtains the data or rights to the data, competing this requirement is not a feasible option. However, the Maverick SPO will continue to attempt to procure the necessary data rights to foster competition on a yearly basis by posting source qualification statements to gage firms' willingness and/or ability to become a qualified source. We will continue to engage with the OEM about purchasing data rights.

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 my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

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

Page of International Agreement Competitive Restrictions Page of NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

J&A Type:

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

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Note 1: See guidance at the end of this document for completing the following sections.

Note 2: Each field will expand automatically if additional space is needed.

I. Contracting Activity.

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

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

IV. Statutory authority permitting Other than Full and Open Competition.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the 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.

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 sources, if any, that expressed 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.

GUIDANCE

I. Contracting Activity.

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action. Specifically identify as a “Justification for Other Than Full and Open Competition.” Identify purchase request number, if applicable.

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

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (e.g., firm-fixed-price, cost-plus-incentive-fee, etc.). If exception 2 is cited (unusual or compelling urgency), state date of UCA/contract/modification issuance and amount.

An individual J&A cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise or the J&A supporting the basic contract must be a Class J&A. For Class J&A situations where the number of contracts in the class can be identified: (1) Provide brief general description of actions, (2) identify the document as a Class J&A, (3) identify the supplies and services that are being acquired, and (4) for each contract in the class identify the contractor; estimated value; type of contract and rationale for contract length; and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time. (FAR 6.303-2(b)(2)).

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired including the estimated value (including options) and quantity of each item, the total estimated value of the acquisition, and the estimated delivery dates/periods of performance. For example, if commodities are being procured with technical data, support equipment, and support services (staff-hour quantity of support hours) each should be listed, not just commodity quantities. If all of the ancillary requirements associated with a particular item are not specifically described in the J&A, those ancillary requirements cannot be included in the resulting contract unless a second J&A covering those ancillary requirements is executed. Also, state the type of appropriation (e.g., 3600, 3010, 3400) that will be used to fund each requirement listed.

Here is an example of such a list:

“Under the contemplated contract, ABC Corporation will provide the following supplies and services in sustainment of the XYZ program:

(1) Approximately 30,030 staff-hours will be acquired each year for: (a) depot-level (Level II) maintenance on eight XYZ systems around the world and routine (Level 1) maintenance on the two systems located at ABC Corporation's facility, (b) help desk services (24 hours/day, 7 days/week) to provide daily assistance to military personnel to maintain the systems, and (c) software releases for the XYZ system (including any deficiency releases needed to fix minor problems that occur after a major release) and maintenance training on those software releases. The period of performance of this effort will be from January 2005 through 30 September 2005, and 3400 appropriations will fund this effort.

(2) Approximately 2,640 staff-hours will be acquired each year to convert seventeen XYZ systems into seventeen QRS systems to enable a transportable weather system to be deployed into forward locations in order to provide polar ingest capability outside the UMQ-13 polar footprint. Deliveries of these items will occur between January 2005 and March 2006, and 3400 appropriations will fund this effort.

(3) . . .

(N) . . .”

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements. In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

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.

10 USC 2304(c)(?) (see Note 1 below), as implemented by FAR 6.302-? (see Note 2 below), required by FAR 6.303-2(b)(4).

Note 1: Complete the 10USC 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A.

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

Note 3: For class J&As, all contracts within the class should fall within the same statutory authority. Where a different authority must be used for any contract action, a separate J&A should be prepared.

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

Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies. (FAR 6.303-2(5))

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (FAR 6.301(c)). To assist you, the following information is provided:

A. Only One Responsible Source (FAR 6.302-1)

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. If both of these situations apply, the rationale can be based on either of these two situations, or both

Discuss the use of restrictive brand name descriptions in requirements documentation here under Part V. An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. If a brand name will be used, you must justify it and clearly explain why a specific brand produced by a single company is required, as opposed to allowing free and open competition. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company. (FAR 6.302-1(c))

(Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand name, provide for full and open competition and do not require justifications and approvals to support their use.)

Subsection 1. When using this exception…

(a) Describe the system or support element to which supply/service to be procured under the contemplated acquisition relates in terms of its purpose and its capabilities. Describe how the contemplated acquisition relates to that system or support element. State what work the current contractor has been performing. Include the current contract number, basis of award for that contract award (competitive/sole source), when the contract was awarded, and when the contract will expire. If the work the contractor will perform under the contemplated acquisition is being done under an ACAT I or II program, state that designation. If the work will not be done under an ACAT I or II program, provide a detailed explanation from a technical perspective as to why the supplies/services to be procured are “highly specialized.” This section must summarize your justification by including the main point(s) of the justification.

(b) If the planned acquisition is a “bridge” effort, which contains options, so state and explain why options are necessary.

(c) Add a concluding sentence to the end of this paragraph, suitably tailored; e.g., “Therefore, this acquisition will be a follow-on contract for the continued production of a major system,” or “Therefore, this acquisition will be a follow-on contract for the continued development of highly specialized equipment,” or “Therefore, this acquisition will be follow-on contract for the continued development of a major system,” or “Therefore, this acquisition will be a follow-on contract for the continued production of highly specialized equipment,” or “Therefore, this acquisition is for continued performance of a highly specialized service.”

Subsection 2. When using this exception, describe in 3-4 sentences the contractor's unique/highly specialized capabilities and/or qualifications (e.g., facilities, personnel, special tooling acquired). (FAR 6.303-2(b)(5))

Subsection 3. When using this exception, you should begin with the following sentence, suitably tailored: “The (XXX SPO, or XXX Wing) believes that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Air Force's requirements.” Then, discuss either or both of the following situations (although only one of these situations is needed; if the facts exist to support both, then provide that information):

(a) When the rationale is based on substantial duplication of cost, state the approximate cost and state that the cost could not be recovered through competition. When FAR 6.302-1(a)(2)(ii) is cited for follow-on acquisitions as the basis for the justification, include an estimate of the anticipated cost to run a competition offset by the amount of cost that would be duplicated. Include the rationale for the amount of cost that would be duplicated (e.g., training required so that another source could acquire the skills necessary to perform the effort, equipment, facilities) and how the estimate was derived (e.g., development costs incurred by the Government under the existing contract or similar programs). (FAR 6.303-2(b)(9)(ii))

(b) When the rationale is based on unacceptable delay, state how long it would take someone else to obtain this capability (e.g., months, years) and why, and provide a detailed explanation of the impact or problem caused by the delay. For example, the impact of not adding additional quantities of launch support services staff-hours to an existing contract might cause a launch to not occur as scheduled, thus delaying the operational use of a spacecraft, thus reducing the constellation's operational availability - and thus reducing (or precluding) the ability of the war fighter to accomplish specific missions.

Subsection 4. When using this exception, you should include one of the following sentences, whichever is applicable:

(a) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition.”

(b) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.”

(c) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.”

B. Unusual and Compelling Urgency (FAR 6.302-2, 6.303-2(a)(b)(iii), DFARS PGI 206.302-2)

Contracting Officers shall contact SAF/AQC at usaf.pentagon.saf-aq.mbx.saf-aqc-workflow@mail.mil as soon as practicable when contemplating an award under the authority cited in FAR 6.302-2 for J&As requiring SPE approval. Provide an explanation why (1) the supplies or services are needed at once because of fire, flood, explosion, or other disaster, or (2) essential equipment or repairs to that equipment are needed at once, e.g., to preclude impairment of launch capabilities or mission performance of missiles or missile support equipment, eliminate imminent grounding of the XX fleet crucial to what mission 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; thus, this exception might not suffice to justify option quantities. For example, a JUON covering an entire program may not necessarily warrant a class J&A for all program requirements. The inclusion of future “unknown” requirements in class J&As proceeding on this basis is disfavored. In addition, actions covered by a relevant JUON should, a) cite the JUON, b) describe the nature of the need covered by the JUON, and c) describe the relationship between the JUON and the requirements contemplated under the J&A (e.g., whether the J&A includes requirements not covered by the JUON, whether the J&A covers just a portion of the JUON's scope, etc.). JUONs can provide important support for the J&A; however, the J&A is a stand-alone document and should not rely solely upon the fact that a JUON has been issued as a basis for approval. Activities are under a continuing duty to ensure maximum competition practicable under the circumstances, and JUONs to not automatically provide relief from that duty.

The exception for “unusual and compelling urgency” does not authorize a sole source contract. This exception only authorizes limitation to the greatest number of potential sources than can fulfill the requirement in the time needed. Therefore, the J&A should also describe the method and rationale for identifying the sources to which the solicitation will be limited. If the solicitation is to be limited to only one source, the J&A must be based on an exception that authorizes selection of a single source.

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3)

The most important part of justifications citing this authority is demonstrating the need to maintain the capability possessed by the identified source(s). Some form of market survey may be critical in demonstrating the uniqueness of this capability.

D. Authorized or Required by Statute (FAR 6.302-5)

It is imperative to identify what is being acquired and the applicable statute authorizing other than full and open competition. Note: Some statutes do not require a written J&A.

E. National Security (FAR 6.302-6)

Provide the minimum essential information needed to establish validity of the justification. This information will make the J&A a classified document. Special handling procedures are required for processing such documentation to the approval authority. Only parties with a “need to know” and the proper level of security clearance should be permitted access to the documentation. Such acquisitions are also exempt from synopsis under FAR 5.202(a)(1).

F. Public Interest (FAR 6.302-7)

This authority may only be used when none of the other authorities is appropriate and may not be made on a class basis. 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.

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 VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis. If a sources sought synopsis was issued, state the date the synopsis was issued, the synopsis number, and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. This is particularly important when citing the authority of 10 USC 2304(c)(1), “Only one (or a limited number of) responsible source(s)”, since it is this survey of the market place that confirms our assumptions regarding the capability of industry to meet our needs.

Address whether this acquisition will require a synopsis IAW FAR 5.201. If the proposed action was not or will not be synopsized, cite the specific authority for not doing so (FAR 5.202) and the rationale for the synopsis exception. Note that although synopsis of proposed contract actions initiated pursuant to FAR 6.302-2 may not be required, use of this authority is not an automatic exemption from synopsis. (FAR 5.202(a)(2)).

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

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.

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits. (FAR 6.303-2(b)(7)) VIII. Description of the market research conducted and the results, or explain why market research was not conducted.

Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fill the government needs with only minor modification. Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

Generally, some form of market research should be conducted, but it is most critical when citing the authority of FAR 6.302-1, Only one (or a limited number of) responsible source(s). Under such circumstances, use the following sentence: “As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.”

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 no market research was conducted, so state and provide the rationale.

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

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available. (FAR 6.302-1(b)(2) and 6.303-2(b)(9)(i)).

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

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.

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired. Describe potential actions that could be undertaken to remove the barriers to competition that have been identified in the justification and include a milestone schedule for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and give planned award date (FAR 6.303-2(b)(11)), or state the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this J&A, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that that technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

XII. Certification by the Contracting Officer.

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. (FAR 6.303-2(b)(12)) XIII. Certification by the technical/requirements personnel

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. (FAR 6.303-2(c)) Do You Need to "REDACT" Text?

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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) 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)) ** 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.

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.

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