JA_Weapons_Range_21_Apr_15.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.

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< $650K > $650K and < $12.5M > $12.5M and < $85.5M > $85.5M

Contracting Activity: 48th Contracting Squadron

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable): Weapons Range Services in the United Kingdom

Program Type (PEO or Other Contracting):

Authority (include full title): 6.302-1 -- Only One Responsible Source and No other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): $600,000.00 J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

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Date

09 Apr 2015

Project Lead / Program Mgr / Requiring Activity

MICHAEL J. ARNOLD

Chief, Weapons, Ranges, and Training, USAFE-UK

DSN: 314-238-3402

Signature

X

Date

15 Apr 2015

Local Legal Reviewer MICHAEL A. PIERSON, Capt, USAF Chief, Civil Law, Office of the Staff Judge Advocate

DSN 314-226-1310

Signature

X

APPROVAL (AFFARS 5306.304(a) )

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Date

16 Apr 2015

Competition Advocate

MICHAEL N. HOGAN

Director of Business Operations

DSN: 314-226-2094

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.

Requiring Activity: USAFE/A3 Procuring Activity: 48th Contracting Squadron Purpose: Sole Source Justification Purchase Request Number: F2P1G15105A001

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

This action applies to a new contract for range services in the United Kingdom. The contract type is firm fixed price.

This J&A will cover the period of performance 10 May 2015 to 20 May 2015. The estimated award date for this firm fixed price contract is May 2015 for a total contract value of approximately $1.6M.

The contractor for all services will be QinetiQ.

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

This requirement provides weapons range services allowing USAF aircrew to employ specific large-footprint weapons in the UK. These weapons include, but are not limited to: Laser-Guided Bombs (LGBs) such as GBU-10, GBU-12 and GBU-24; Joint Direct Attack Munitions (JDAMs) such as GBU-31 and GBU-38; and air-to-air missiles, such as AIM-9s. Previously, the Government made purchase orders with QinetiQ under an International Agreement Competitive Restrictions authorization that can no longer be used; therefore, this J&A will allow the continuance of service for weapons training.

Under the contemplated contract, QinetiQ will provide the following services in sustainment of the Weapons Range program:

The specific services require a range clear of personnel and non-range property, targets capable of being seen by aircraft systems, area clear of shipping, and controllers capable of coordinating range operations safely. The following weapons range services are required for a minimum one single event and a maximum of ten events from the following types of weapons employment; SEAD, Ground Attack, Interdiction, AIM-9 , and Mirach drone training.

For air-to-ground and air-to-air employment, there needs to be sufficient targets deployed and available for the amount of weapons to be employed. The size of this area is dependent on the types of weapons and parameters under which they are employed. For air-to-air employment, there needs to be a drone capable of towing IR-significant targets. Controllers must be available and qualified to tactically coordinate traffic and provide clearance to employ all required weapons.

The contract period of performance is 10 May 2015 to 20 May 2015.

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

10 USC 2304(c), as implemented by FAR 6.302-1 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).

The essential training requirement for highly specialized weapons range services allows USAF aircrew to employ specific large-footprint weapons in the UK. No other range in the UK is able to fit the large safety traces for these weapons. As confirmed by the UK Ministry of Defence (MOD) Headquarters Air Command, within the UK, Aberporth Range is the only location that provides this highly specialized training, permitting aircrew to employ these specific weapons. Due to the privatization of specific areas of the UK defense industry, the MOD has outsourced the management of Aberporth Range, which is contracted to QinetiQ under a Long Term Partnership Agreement (LTPA). The LTPA is a 25 year contract between the MOD and QinetiQ to deliver test and evaluation training support services to the UK military and its allies. Under this LTPA, QinetiQ operates and manages a number of core UK MOD ranges across the air, land, and maritime domains. Due to the nature of this contract a copy of the LTPA could not be obtained, however, the details and relationship is explained in the public website; www.ltpa.co.uk.

In Summary, there is only one range in the UK where USAF can employ specific large-footprint weapons.

The MOD has directed that QinetiQ is the only company which can manage range services on Aberporth.

QinetiQ has the capabilities to provide the highly specialized services described in section III. QinetiQ has provided these services as a Private Limited Company since 2003. Prior to that, these functions were provided by a department within the MOD. This department was privatized and a contract was awarded to QinetiQ. The highly specialized expertise required to run the range has been provided by QinetiQ under the existing LTPA contract. The services covered by this proposed contract have been satisfactorily accomplished at Aberporth Range for over the past 5 years. USAFE needs to continue to utilize this vital range within the UK in order to maintain the proficiencies that allow USAF aircrew to employ weapons during wartime.

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

An intent to award Sole Source was posted on Federal Business Opportunities (FBO) on 16 March 2015 and did not receive any objections or responses. Previously in 2010 and 2012, a sources sought synopsis was posted on FBO for the same weapon range services. The intent was to determine if there are sources located in the United Kingdom that have the capability to provide the weapons range services for the large-footprint weapons employment of this requirement. The Government had one inquiry from Deltek asking if we were not going to acquire the services through QinetiQ as we have in past acquisitions. Deltek was contacted to determine if they had the capability to provide the service in the UK. It was determined that this vendor was not in the Weapons Range Services field, but is a training and consultant firm that operates out of the United States.

Procurement team contacted Deltek 3 Mar 2015 to determine if the previous market research reports were still current and accurate. Deltek stated the same response, they are a training component that operates primarily in United States. There were no other entities that could perform the requirement as needed.

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

The contract is expected to order approximately $1.6M worth of range services. The LTPA in place with QinetiQ, and the MOD has the ability to provide pricing that is discounted for the MOD and their allies.

This pricing is defined within the priced packages for the services provided under this contract.

Contact with the Defense Procurement Agency (DPA) Pricing and Forecasting Group, a United Kingdom official Government agency is planned after receipt of proposal, at which time the priced packages will be verified with the DPA to ensure that the proposed pricing is fair and reasonable. The Pricing and Forecasting Group can provide verification on QinetiQ pricing on an annual basis. The DPA has verified that QinetiQ's preliminary pricing for the specific services listed in the Performance Work Statement for the current fiscal year's estimated cost is fair and reasonable for the UK.

QinetiQ confirmed that the pricing offered to USAF is the same as the prices offered to other users in the same category as USAF considered as friendly nations.

The Government plans to determine fair and reasonable cost based upon other than cost and pricing data to include price analysis of the past fiscal years' purchase orders as well as pricing information obtained from the DPA audit.

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

In accordance with FAR Part 10, market research was conducted to determine that Aberporth is the only weapons range in the UK that can support the USAFE/NATO munitions training requirements directed by the Ready Aircrew Program in accordance with AFI 11-2MDSV1. The contractor that has been providing the services for Weapons Range Services (QinetiQ) was contacted and they are interested in providing a firm, fixed priced contract with the Government.

The costs of range services can vary widely depending on the types and amount of weapons being employed. In the past, the contracted services have cost approximately £300,000 to £330,000 (~$550,000) for a 5-day campaign. The most paid by USAFE in a single year was approximately $1.3 million from 3400 appropriation funds on the individual purchase orders that were awarded under the FAR 13 Test Program.

There are other ranges in the world where large-footprint weapons can be employed; however, none of the ranges available directly compare to the Aberport Range located in the UK, as it is the only water-based range. In order to utilize a range elsewhere in Europe or the US, a unit would have to coordinate transportation of personnel, munitions, equipment, and tanker support and cover additional TDY costs.

A past deployment of the 494 FS to Vidsel, Sweden cost over $2M. For a comparable campaign at Aberporth over the same time period, the cost would have been just over half of the total costs for the Sweden deployment. Moreover, due to scheduling conflicts or political constraints, the use of ranges in other countries may not be an option. For example, if a squadron had a number of aircraft and personnel deployed in support of real world contingency operations, they might not be able to support split operations to yet another deployed location. Similarly, if the US was preparing for an operation that was not supported by a specific nation, that nation might decide to deny access to their range facilities.

Ranges used in the United States that are equivalent to Aberporth are fully Instrumented ranges such as the

Utah Test and Training Range (UTTR), and the Nevada Test and Training Range (NTTR). According to ACC/A3AR, UTTR and NTTR operate between $1M and $2.5M monthly budget. These two ranges are land based ranges and are not an exact comparison to the type of range used in the UK for the large-footprint munitions training. The comparison of the complexity of large range instrumented ranges and mitigation of the logistical differences leads to conclusions that the prices traditionally spent at Aberporth are fair and reasonable

While this contract would provide the capability to employ at a range in the UK, it would not mandate the use. The contract merely provides the capability for units to employ in the UK when it is beneficial and approved by USAFE.

As previously stated, within the UK, Aberporth Range is the only location that can support this highly specialized service. Moreover, due to the privatization of specific areas of its defense industry, the UK Ministry of Defence has mandated that the management of Aberporth Range, as well as several other ranges in the UK, has been contracted to QinetiQ under a Long Term Partnership Agreement (LTPA). No other company is able to provide services on these ranges.

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

QinetiQ's LTPA is valid until 2028, with the option of a 25-year extension. Further research has been conducted on the following website to support the validity of the LTPA and how it affects our requirement for large-footprint munitions training conducted in the local UK area.

http://www.ltpa.co.uk/index.asp

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

QinetiQ, http://www.qinetiq.com ; Hampshire, UK

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.

No actions are planned to overcome barriers of competition before making subsequent acquisitions for the services as the Government is limited to the use of weapons ranges based on the weapon's packages required for training. As Aberporth is the only range where these large-footprint munitions can be employed, only QinetiQ can provide for these services as the sole operator of the range for the duration of the 25 year Long Term Partnership Agreement with the MOD.

As there is no known change in the market that could develop future competition, it is unlikely there will be more competition for this requirement in the future.

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.

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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)) ** To remove a row, click the "X" next to the signature block.

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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)) International Agreement Competitive Restrictions 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) International Agreement Competitive Restrictions 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.

9.0.0.2.20120627.2.874785

48 Contracting Squadron

DSN 314-226-2094

Name: MICHAEL J. ARNOLD Chief, Weapons, Ranges, and Training, USAFE-UK

DSN: 314-238-3402

Name: [ Name ] [ Office Symbol / Phone Number ] Name: MICHAEL A. PIERSON, Capt, USAF Chief, Civil Law, Office of the Staff Judge Advocate

DSN 314-226-1310

Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: MICHAEL N. HOGAN Director of Business Operations

DSN: 314-226-2094

Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ]