JA25-141-832573402 RWICP J_A_FAR Part 16 Redacted.pdf

Rotary-Wing Inflight Communications Packages (RWICP)

Controlled Unclassified Information (CUI)

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Controlled By: DISA Controlled By: Secretary of Defense Communications (SDC) CUI Category: PROCURE

FEDCON

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JUSTIFICATION & APPROVAL (J&A) FOR FEDERAL ACQUISITION

REGULATION (FAR) SUBPART 16.5 ACQUISITIONS

EXCEPTION TO FAIR OPPORTUNITY

Multiple Award Schedule/Multiple Award Contract (MAC)

Orders under MAC/ Fair Opportunity – FAR 16.505(b), Department of Defense (DoD) FAR Supplement (DFARS) 216.505(b), Procedures, Guidance and Information 216.505(b)

Purchase Request Number: 832573402 Contract Number: To Be Determined (TBD) Task/Delivery Order Number: TBD Procurement Title: Rotary-Wing Inflight Communications Packages (RWICP) Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. 3204(a) and FAR 16.505(b)(2)(i)(A)

Exception to Fair Opportunity Number: JA25-141

Upon the basis of the following justification, I, as Procuring Activity Competition Advocate (PACA), hereby approve this exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(A).

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY:

Requiring Agency:

Defense Information Systems Agency (DISA) Secretary of Defense Communications (SDC) 6910 Cooper Avenue Fort Meade, MD 20755

Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO) PS8331

2300 East Drive Scott AFB, IL 62269 Contracting DoDAAC: HC1028

2. NATURE/DESCRIPTION OF ACTION(S): This action is to support the rapid design, integration, testing, and delivery of four lightweight, aviation-compliant RWICPs for use aboard civilian and military rotary-wing (RW) aircraft. This action will be procured via a Firm-Fixed-

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(b) Justification.

(1) Description of the Justification and discussion regarding cause of the sole source situation. This action requires the use of the authority cited under FAR 16.505(b)(2)(i)(A) due to an urgent need. The Secretary of Defense (SECDEF) requires reliable, secure, and real-time inflight voice communications during official missions aboard civilian and military RW aircraft. An exception to fair opportunity is necessary due to the need for secure, reliable communications during in-flight missions. SECDEF’s ability to engage in real-time strategic decision-making, potentially leading to delayed or misinformed actions could negatively impact national security objectives. Competing the requirement would delay implementation and risk the SECDEF not having fully functional communication ability while traveling. The acquisition of RWICP ensures enhanced communication capabilities are available for the duration of flights taken.

While traveling, the SECDEF must have unfettered access to classified information and secure communication channels to respond effectively to rapidly evolving global events. A communications failure at a crucial moment could result in a delayed response to a time-sensitive threat, misallocation of resources, or a failure to de-escalate a crisis situation, all of which could have significant strategic ramifications. Current capabilities fall short of meeting these operational requirements, especially on flight segments lasting from 45 to 120 minutes. This communications gap presents a significant operational risk by impeding SECDEF’s ability to maintain continuous situational awareness, engage in time-sensitive decision-making, and communicate securely with key stakeholders while in transit.

Sherpa 6, Inc. is proposed as the sole source contractor for the RWICP project due to the urgency of the effort. As a vendor successfully performing similar efforts for other DoD partners, Sherpa 6 is the only known vendor that can ensure that the project can meet required deadlines. Competition would introduce delays of 6–12 months and threatening readiness and deployment schedules.

Sherpa 6 has direct operational experience implementing technical solutions onboard rotary wing aircraft in austere environments in support of senior DoD leadership. Sherpa 6 is the only known contractor that can provide SDC an expedited and low risk acquisition path to addressing this time sensitive operational requirement in support of the mission.

(2) Minimum Government requirements.

For the RWICP to be successful, the program needs to provide reliable and secure inflight communications. In identifying a contractor to design, develop, and test the RWICP, the Government requires expertise in providing uninterrupted, secure, and real-time inflight voice and data communications for use aboard civilian and military RW aircraft. This is essential to ensure continuous situational awareness, Page 4 of 9 Pages

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time-sensitive decision-making, and secure communication for the SECDEF and senior DoD leadership.

The RWICP must comply with all applicable DoD cybersecurity standards, including NIST and DISA compliance, to protect sensitive communications. This ensures that the system is secure and resilient against potential cyber threats. A contractor with robust experience with compliance and cybersecurity standards is necessary.

The RWICP must maintain reliable communication in denied, degraded, intermittent, and limited (D-DIL) environments. This includes functioning independently of host-nation infrastructure through hybrid satellite and cellular communications. The contractor is required to have experience designing a system that operates in diverse environments.

The RWICP must be lightweight (weighing 25 pounds or less) and rapidly deployable, becoming fully operational within ten minutes. This ensures that the system can be quickly set up and used in various operational scenarios.

The RWICP must comply with all applicable safety and certification requirements for airborne use, including FAA and DoD standards. This ensures that the system is safe and compliant for use on RW aircraft.

In addition to rigorous technical requirements, the Government requires the inclusion of comprehensive labor and support services within the scope of the RWICP program. The contractor is expected not only to supply robust hardware and software solutions, but also to deliver the full spectrum of labor necessary for installation, configuration, and validation of the system at designated operational sites.

Labor provisions encompass qualified technicians and engineers to oversee on-site integration, conduct acceptance testing, and provide hands-on training to end-users.

The requirement is that contractor personnel will be available for troubleshooting and immediate technical support, both during initial deployment and throughout the warranty period. Their support ensures the system’s rapid operational readiness and ongoing reliability, directly supporting mission-critical communications for senior leadership.

Service commitments extend beyond installation, requiring proactive maintenance, timely updates to ensure ongoing regulatory compliance, and routine calibration of equipment to maintain airworthiness and cybersecurity standards. The contractor must also facilitate logistics support, supplying necessary spare parts, technical documentation, and field service representatives as needed. These labor and service components are integral to the program’s success, guaranteeing not only that the RWICP meets stringent Government requirements, but also that it remains fully operational and secure in the dynamic environments for which it is intended.

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By integrating these labor and service elements, the Government ensures a holistic approach to the deployment and sustainment of the RWICP, safeguarding its effectiveness and reliability in support of national defense objectives.

(3) Proposed sole source contractor and demonstration of unique source.

Office of Science and Technology Policy (OSTP)/Office of Management and Budget (OMB) Directive D-16-1, titled "Minimum Requirements for Federal Executive Branch Continuity Communications Capabilities" requires the Secretary of Defense to have uninterrupted communications support while in transit, which includes the use of classified voice communications onboard rotary wing aircraft.

Non-compliance with this directive has a direct and continuous impact on the Secretary’s ability to fulfil mission requirements, including discussions with the President of the United States. The mission requires contract support as soon as possible to prevent any further mission impacts.

Sherpa 6 has direct experience in the niche field of rotary wing communications in support of CONUS and OCONUS operations, and in support of DoD senior leadership, allowing for OSTP/OMB D-16-1 compliance quickly. The RWICP has not been previously acquired. This is a new requirement, although Sherpa 6 has conducted similar work under SBIR and OTA pathways. The Government has not identified another contractor who can perform the requirement for the RWICP project in the timeframe required. The urgent need for enhanced inflight communication capabilities for the SECDEF necessitates a rapid procurement process. If time for competition is taken, the anticipated detrimental effects to the relevant mission include:

Operational Risk: Delays in procuring the RWICP would pose unacceptable risks to mission-critical timelines and violate operational urgency requirements. This could result in communication disruptions during high-profile missions, impeding SECDEF’s ability to maintain continuous situational awareness, engage in time-sensitive decision-making, and communicate securely with key stakeholders while in transit.

Increased Costs and Time: Conducting a full competitive procurement would incur significant costs and extend the timeframe beyond what is practical for project delivery. The schedules referenced are based on prior Government technology integration projects, leveraging historical data from DoD and FAA implementations to forecast realistic timelines. The necessity to adhere to strict phase-in and phase-out schedules, combined with the complexity of the requirement, makes it imperative to meet pre-established timelines and to proceed with a sole source approach.

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5. COST/PRICE FAIR AND REASONABLE DETERMINATION: The Contracting Officer will work with a cost/price analyst from the DITCO Cost/Price team to complete a Cost or Price evaluation to determine that the price to the Government is fair and reasonable in accordance.

The cost/price analyst will use methods to determine that the resulting contract costs or prices will be fair and reasonable. Examples of such methods include comparison of proposed costs or prices with costs or prices for similar supplies or services, the extent of cost or price analysis anticipated (including the requirements for certified cost or pricing data), technical evaluations, and audit of vendor costs (if vendor is compliant with Cost Accounting Standards).

6. MARKET RESEARCH: Based on market research conducted 04/01/2025 to 07/15/2025, which included reviewing the DoD Enterprise Software Initiative (ESI), resulted in no existing Blanket Purchase Agreements for the required products and services. DISA Market Research Repository was also reviewed, which did not yield any results. SDC conducted a general internet search for all possible permutations of the training requirements. While there were some companies that provide “communications training,” SDC did not identify any companies that included Rotary-Wing Inflight Communications. Furthermore, no company listed the ability to provide reliable, secure, and real-time inflight voice communication capabilities for official missions involving both civilian and military rotary-wing aircraft at the top secret/sensitive compartmentalized information level as required by the program management office.

Market research conducted in anticipation of the new contract award highlighted the critical need for reliable, secure, and real-time inflight voice communication capabilities for official missions involving both civilian and military rotary-wing aircraft. As part of this analysis, agencies evaluated a range of potential contract vehicles to ensure comprehensive coverage and compliance with federal acquisition regulations. A key contract utilized in this context is the GSA OASIS+ SDVOSB Pool. The GSA OASIS+ vehicle provides a flexible and competitive framework specifically designed to support small, disadvantaged veteran-owned businesses (SDVOSB), allowing agencies to access highly qualified contractors who possess specialized expertise in complex technical solutions.

The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions; i.e., there are similar products and/or product support in the marketplace that provides the same functionality, the original equipment manufacturer releases ownership rights of the product, or it is economically feasible to procure a new system.

7. ANY OTHER SUPPORTING FACTS: Other supporting facts include the unique technical expertise and proprietary knowledge possessed by Sherpa 6 Inc., which are critical for the successful fulfillment of this requirement. Reviews of Sherpa 6 Inc.'s performance with other agencies have consistently indicated their reliability, responsiveness, and ability to address specialized needs within demanding timeframes. Furthermore, collaboration with alternate sources was explored; however, these sources were either unable to replicate the functionality or lacked the required certifications and clearances necessary for this mission-critical work.

Security requirements, integration with existing systems, and continuity of operations further justify the necessity for limited source consideration. Any attempt to broaden the source base at

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this time would introduce unacceptable risk to the project’s objectives and potentially compromise mission outcomes.

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Procurement History. As this is a new requirement, there is no existing procurement history associated with previous awards, contract numbers, or competitive actions for this specific need. This requirement will be awarded to a Service-Disabled Veteran-Owned Small Business (SDVOSB) and will be awarded on General Services Administration’s One Acquisition Solution for Integrated Services Plus (OASIS+) vehicle.

(b) If there is a follow-on requirement, it will be competitively awarded utilizing GSA Oasis+.

If there is a follow-on requirement, it will indeed be competitively awarded utilizing GSA Oasis+. This ensures a fair and transparent procurement process, allowing multiple vendors to bid and potentially offering better value for the project.

Regarding the design and development phase, if the current project is primarily focused on these aspects, there is a possibility of a follow-on requirement. This follow-on could involve further development, enhancements, or additional support and maintenance. By planning to compete any follow-on requirements, we can ensure that we continue to receive competitive bids and maintain the integrity of the procurement process.

To clarify our procurement strategy and future project direction, it is essential to emphasize that there is no intent to pursue a sole source approach for any follow-on requirements beyond the initial development phase. Our commitment is to conduct open competition for all subsequent activities, ensuring fairness, transparency, and the opportunity for multiple capable vendors to participate.

Following the development phase, several critical follow-on activities are envisioned:

• Field Deployment Support: This phase involves the actual deployment of the developed systems in the field. It encompasses on-site setup support, configuration, and operational readiness checks to ensure the systems are properly installed and fully functional within their intended environments.

• System Sustainment: Ongoing maintenance and support will be provided to maintain optimal system performance. This includes diagnostics, performance monitoring, updates to documentation and training materials, as well as preventive and corrective maintenance activities over the sustainment period.

• Training and Documentation: Comprehensive training materials, operator manuals, and user guides will be developed and delivered to ensure end-users are fully prepared to operate and maintain the systems independently and effectively.

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• Warranty and Maintenance Provisioning: Robust warranty services and maintenance support will be established, including the identification and provision of spare parts and technical manuals. Rapid response to any issues will be a priority during the warranty period.

• Regulatory Compliance and Certification: Continuous efforts will be made to ensure the systems meet all applicable regulatory and certification requirements, such as those set by the FAA, DoD, and other relevant authorities. This may require periodic reviews, updates, and recertification as standards evolve.

• System Upgrades and Enhancements: Based on operational feedback and changing requirements, systems may undergo targeted upgrades and enhancements. This ensures ongoing relevance and performance in dynamic operational environments.

• Performance Validation and Testing: Additional rounds of testing and validation will confirm the systems’ continued effectiveness. These efforts may include lab bench testing, ground integration, and inflight performance assessments tailored to operational scenarios.

• Technical Support and Troubleshooting: Ongoing technical support and troubleshooting will be made available to promptly address and resolve any challenges encountered during operational use.

All of these follow-on activities will be open to competition and conducted under the principles of competitive procurement, such as through GSA Oasis+, providing opportunities for a broad range of qualified vendors to participate. This approach upholds not only the integrity of our procurement process but also delivers the best value, innovation, and performance for the project over its operational lifecycle.

By planning and competing these follow-on requirements, we ensure a robust, transparent, and value-driven procurement strategy, reaffirming that the intent is never to default to a sole source, but rather to foster open competition at every phase of the project.

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: DISA SDC, Contracting Officer’s Representative

PHONE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: DISA SDC, Contracting Officer’s Representative

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: Contracting Officer, DISA/DITCO PS8331

PHONE:

PROCURING ACTIVITY COMPETITION ADVOCATE (PACA) APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification does not exceed $15M, this review serves as approval and my written determination that the aforementioned FAR circumstances apply.

NAME: SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: PACA, DISA DITCO