JA_Redacted.pdf

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

FOR OFFICIAL USE ONLY

March 2018 FOR OFFICIAL USE ONLY Page 3 of 7

I. Contracting Activity.

United States Air Force

AFLCMC/PZZKC

6039 Wardleigh Rd, Bldg 1206 Hill AFB, UT 84056 PR Number: TBD

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

Upon approval to use this Individual Justification for Other Than Full and Open Competition, the United States Air Force (USAF) would seek a non-commercial follow-on IDIQ Depot Contractor Logistics Support (CLS) contract at Firm Fixed Price (FFP). This follow on will replace the expiring FA8678-14-C-0005 contract in June 2020 and continuing depot logistic support for the P5 Combat Training System/Tactical Combat Training System (P5 CTS) system. The current contract is Sole Source to:

Cubic Defense Applications, Inc. (CDA) 9333 Balboa Ave, San Diego, CA 92123

(CAGE CODE: 94987)

Follow on Contract:

J&A Type: Individual Estimated Cost: $ PoP: Five (5) year ordering period (Jun 2020-Jun 2025)

Est: Date of Award: June 2020

Basis of Award: Sole Source

Current Contract No: FA8678-14-C-0005

Award Date: 6 Mar 2014

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

A. This is a service w/supply requirement. The purpose of the follow on IDIQ contract is to maintain continuous depot level contractor services by replacing the current contract set to expire 5 Mar 2020. The P5CTS consists of the Airborne Subsystem (AS), or "Pod", and the Ground Subsystem (GS), which can be fixed, transportable, or portable, auxiliary equipment (e.g. umbilicals, weights, A-10 adapter, boot flash modules) and peculiar support equipment. The ground support (GS) encompasses live monitor, training debrief stations, associated network equipment and support equipment. The P5CTS provides precise time-space-position information (TSPI), mission reconstruction, post-mission debriefing of air crews and other weapon systems operators, and an interactive training environment with air defense threats and simulated ordnance exchanges. Funding source(s) will be primarily 3400, 3600, 3010 and FMS.

B. CLIN Descriptions:

CLINs Structure and Contract Type: IDIQ (Firm Fixed Price, FFP)

0001 Depot Contractor Logistic Support - Airborne Subsystem

0002 Depot Contractor Logistic Support - Ground Subsystem

0003 Procurement - Airborne Subsystem

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0004 Procurement - Ground Subsystem

0005 P5CTS TT&E Repair and Return

0006 DMSMS/Obsolescence Airborne Subsystem

0007 DMSMS/Obsolescence Ground Subsystem

0008 Government Replenishment Parts

0009 Sustaining Systems Engineering and Technical Support Services

0010 Sustaining Systems Engineering and Technical Support Services-Travel

0011 Failure Analysis Support

0012 Failure Analysis Support-Travel

0013 Exhibit A-Data

0014 Exhibit T-Data

C. Approval is requested for more than 1 FY because there are no longer action to develop future competition which is feasible during the period of performance.

FY Requirements

FY20 $

FY21 $

FY22 $

FY 23 $

FY 24 $

FY 25 $

Total:

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

10 USC 2304(c) (1) as implemented by FAR Part 6.302-1 (a)(2).

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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. The current contractor is performing all CLS work as stated, in Section II above. CDA has performed contract depot support for the Air Force since Aug 2006. The services are considered to be highly specialized since detailed knowledge of the baseline P5 CTS design and performance and the field infrastructure are required in order to perform depot level tasks.

The USG does not have a P5CTS Technical Data Package (TDP) necessary to produce, support and implement modifications, block upgrades, and integrate changes to the system and would have to procure that data package from CDA. CDA possesses a unique/highly specialized capabilities to include facilities, personnel, test equipment, and special tooling necessary to produce the highly specialized equipment and services.

B. P5CTS Program Office has verified through engineering analysis 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. The Government does not have a P5CTS Technical Data Package (TDP) necessary to produce, support and implement modifications, block upgrades, and integrate changes to the system and would have to procure the data package from CDA. The purchase of the TDP($ ) is greater than the estimated "clean sheet" re-qualification cost ($ ). The "clean sheet" re-qualification approach would not meet the Government's continuing need to sustain the existing inventory and the need for compatibility with existing inventory. P5CTS program sunset is expected in 2030. The follow P6 next generation combat training system in under way in the initial developmental phase.

C. U.S. Air Force believes that award to any other source would result in unacceptable delays in fulfilling its requirements. In addition to the identified constraints, CDA advised the Government in writing (Nov 20, 2018) it is unwilling to sell, lease, loan, or rent the data rights and associated documentation/software source code required to modify the system. In a follow up request to acquire CDA's Data Package May 2, 2019, CDA position remain unchanged. Due to the complexity of the system and its components, the Government expects it would take six years to acquire a competitive package: one year for the source selection process, four years for reverse engineering and data/software development, one year for verification and qualification of the TOP/software. The source selection process for award of a contract for system upgrades would take an additional year, and the delivery time for actual contract performance for any system modifications would extend the schedule even further. Comparatively, development by the original equipment manufacturer of the S-Band DLT (a shop replaceable unit within the pod) required two years, and the current redesign of an obsolete modem has been underway for more than two years.

Additionally, with the system's initial fielding in Oct 2006, an anticipated 15-year service life, and a Presidential mandate to vacate the 1755-1780 MHz spectrum by 2021, positioning the program for competition would expose the USAF to unnecessary schedule risks.

D. Accordingly, CDA is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force and U.S. Navy incurring substantial duplication of costs and experiencing unacceptable delays in fulfilling the requirements of the government. Therefore, this acquisition is for continued performance of a highly specialized service.

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

A. The program office conducted Sources Sought and Request for Information (RFI) notice (Solicitation Number FA8210-19-P5CLS) posted on Fed Biz Ops website on 5 Jun 2019 to determine other potential sources for 30 days resulting in no responses.

B. Sources Sought/Request for Information (RFI) was available to all vendors, posted for 30 days and required only a minimum of information from interested parties to be considered. The synopsis summarized follow on requirements

March 2018 FOR OFFICIAL USE ONLY Page 6 of 7 for P5CTS Airborne and Ground Subsystem production and sustainment requirements.

C. The requirement will synopsized in http//www.FedBizOpps.gov as a notice of proposed contract action IAW Federal Acquisition Regulation (FAR) 5.201.

D. Other Actions-N/A

E. Qualifying country sources-N/A

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:

A. The contracting office will comply with the procedures and criteria contained in 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.

B. Price reasonableness will be ensured using the jointly developed (Federal Acquisition Institute, Air Force Institute of Technology) Contract Pricing Reference Guides.

C. Air Force will obtain when applicable certified cost or pricing data IAW FAR Subpart 15.403.

D. The final step is to include the Price Negotiation Memorandum (PNM). This detailed documentation and justification of price reasonableness will be disclosed in the official PNM, 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. No alternate equipment or substitutes can fill the government's needs with only minor modification.

B. No commercial off-the-shelf (COTS) or other non-development item or service can meet this requirement.

C. Pod Hardware Data Rights are Limited except for the Data Guard Processor (DGP) and Hanger Band.

D. Support Equipment Data Rights are Limited excepted for the Trigger Box.

E. Pod Software Data Rights are restricted. Neither Pod nor Ground Subsystem software Source codes are owned by the government.

F. There are no depot level technical manuals are available to the government.

G. P5 Program Manager made an unsuccessful attempted to obtain Data Rights for government use to support competition Nov 20, 2018 and May 2, 2019.

H. Direct interface with other Government entities, industry experts any other technical professionals has not revealed any alternative sourcing options nor garnered industry interest in creating additional solutions.

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

No further information.

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

See 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.

A. As a result of continued refusal by the Sole Source contractor to provide or license data as well as unacceptable delays in developing other sources per Sections V and IX, market research will continue annually during the period of performance and requests to procure Data Rights will be conducted throughout the life of the contract.

B. Per PGI 206.304(a)(S-70)-As indicated by signature on the Coordination and Approval Document, the previous J&A has been reviewed and the Approval Authority determines that all stated actions to remove barriers to competition have been accomplished.

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).