JandA post award.pdf

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

FOR OFFICIAL USE ONLY

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I. Agency and Contracting Activity.

United States Air Force

AFMC OL:H/PZABB

6050 GUM Lane, Bldg 1215 Hill AFB, UT 84056-5825 Contracting Officer: Travis Stephens Phone Number: 801-586-5091

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

A. Individual J&A

B. New contract, FFP - Non Commercial

C. Previous contact was a competitive between L3Harris and CPI and was award to L3Harris, FA8251-16-D-0010, on 22 September 2016. The award was a 5 Year FFP Requirements contract, since been changed to an IDIQ. At this time we are seeking a sole source to CPI to increase the industrial base and to support a follow MAC to both CPI and L3Harris anticipated to award September 2021. Currently CPI is qualified on paper, but unable to fully complete total rebuilds of the asset and a sole source award will enable them to complete all types of repairs and anticipate better competition and lead to a reduction of costs.

D. Upon approval to use other than full and open competition procedures, issue a new contract to repair Traveling Wave Tubes (TWT) for the F16 Dual Mode Transmitter to be used by the United States Air Force to the following source:

E. Contract:

Communication and Power Inc. (CPI) 811 Hansen Way Palo Alto, CA 94304-1031

CAGE: 59782

F. Estimated award amount: $

G. Period of performance: Estimated award date of December 2020 with a POP of 14 months. Estimated repair time frame for Rebuild units is 12 months. Minor Repairs 6-8 months and Major Repairs 8-12 months depending on materials needed.

III. Description of supplies/services required to meet agency needs (including the estimated value).

A. Service Repair of F-16 APG-68 Traveling Wave Tubes (TWTs) used on the Dual Mode Transmitter (DMT)

NSN: 5960-01-341-5198

Noun: F-16 Traveling Wave Tube Service will include an estimated total of 40 units to be Tested, Evaluated, Repaired and Returned as an "A" condition serviceable asset. The breakout of T&E and Repairs is as follows:

Test & Eval Minor Repair Major Repair Rebuild NRE

QTY 40 5 30 5

B. Data needed will be CAV AF, DRILS, Status Reports

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C. USAF funds will be used, 4930 CSAG

D. Delivery Schedule:

Minor: 6-8 Months ARO Major: 8-12 Months ARO Rebuild: 12 Months ARO

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

6.302-3 – 10 USC 2304(c)(3), Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services

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

A. These Electron Tubes are highly specialized manufactured items. They require a large infrastructural foot print to make. Specialized Copper Beryllium alloy parts, a foundry, 100k clean rooms, electron gun - filament and gun manufacture facilities, vacuum equipment, electron beam forming and targeting equipment and technical artisans, specialized test equipment. Note: the government just sold all of this GFE infrastructure to L3 Harris during the current contract. These Electron Tubes are specialized and of the rare Coupled Cavity variety. Instead of the more common Helix variety that is much easier to manufacture. Classified data is required to test these unclassified assets. This classified data cannot be provided to Pre-Award candidate vendors per AFMCI 23-113 and FAR Part 4 for pre-solicitation/contractual vendor qualification.

B. The current contract (FA8251-16-D-0010) was awarded as a competitive effort. Both L3Harris and CPI are, on paper, qualified to do the work. That is the reason we are writing a -3 J&A so CPI is fully capable to perform the full repair. There is need to have both contractors to do the work moving forward as L3Harris cannot meet the demand of the USAF and have significantly slowed down on delivery of repairs over the past two years. . FA8251-16-D-0010 was awarded to L3Harris on 22 September 2016 with a ceiling amount of This contract expires 21 Sep 2021. Currently a follow on effort is being worked to establish a 5 year FFP MAC contract. It is anticipated to award to both L3Harris and CPI. The award of a MAC will allow for competitive pricing on all orders. Having both contractors on contract will also fulfill the requirement of the USAF, which neither contractor has the capability to produce and repair the full requirement of the USAF. When CPI becomes fully capable to repair the TWT, it will also lead to them being able to manufacture new assets, that are also procured by the USAF.

C. The most current Contract Repair Screening Analysis Worksheet, AFMC Form 761, dated 15 January 2020, lists CPI as an approved/potential source with an approval date of 01 July 2006, though no contract has been awarded to CPI.

D. There is a need to get a second contractor up and going as the current contractor L3Harris cannot meet the current requirement of the government. Currently they can only deliver 4 repaired assets per month, and their lead time has slipped to the left from 4 Months ARO to 12 Months ARO. The current need of the government is 8 units per month. At the current use rate this will soon turn into a MICAP situation.

E. Explanation of government data rights for Electron Tubes PN 585R224H03 and PN 585R22404: The government has Unlimited Government rights to the Source Control Drawing (SCD) 585R224. It is this specification 585R224 from which the USAF buy both repairs and manufacture of these two Electron Tubes. L3 Harris is the part OEM and has their proprietary companion drawings for the manufacture and repair of these tubes. CPI Varian competed for the manufacture of these tubes in the 1980s and they possesses their proprietary part OEM drawings used at that time for Westinghouse's competition (now Northrop Grumman). No other vendor has the required companion drawings to the SCD drawing for these Coupled Cavity Electron Tubes. MIL-STD-100 Level 3 (production drawings)

March 2020 FOR OFFICIAL USE ONLY Page 4 of 5March 2020 FOR OFFICIAL USE ONLY Page 4 of 5 is considered a complete engineering drawing set by law. A vendor has the right to keep back trade secrets and “how to” process and procedural specifications to retain their competitive advantages.

F. AMC/AMSC code for this requirement is “2B” as these parts must be acquired from a manufacturing source(s) specified on a source control or selected item drawing as defined by the current version of DoD-STD-100. Suitable technical data, Government data rights, or manufacturing knowledge are not available to permit acquisition from other sources, nor qualification testing of another part, nor use of a second source part in the intended application

G. CPI was approved for repair in 2004 through the AFMCI 23-113 Pre-award Qualification process as detailed in the RQR. No other sources have been qualified through the AFMCI 23-113 Pre-award Qualification process.

H. The current repair contract expires September 2021. The current contractor is unable to produce the full USAF repair requirement. The USAF demand rate is 8 per month as computed by the D200 Requirements Determination System. The maximum production from the current contractor is 4 per month as stated by the contractor's program team. Without this contract USAF will face a serious supportability shortfall in the near future. This shortfall will likely result in increased MICAP hours and grounded aircraft; severely impacting war-fighter capability.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

A. Sources Sought Synopsis FA8251-20-R-F16TWT was posted to www.beta.sam.gov on 7 April 2020 with a closing date of 8 May 2020. One response was received from Photonis Defense. This information was provided to engineering and it was determined that the microwave amplifiers provided by Photonis are Microwave Power Modules and Helix Traveling Wave Tubes. The requirement for the USAF is for Coupled Cavity Tubes, these are not the same thing. Photonis was informed on 11 June 2020 that according to the information they provided to the USAF it was determined their product was not the same as the requirement of the USAF. They were also provided with the most recent Justification for Qualification Requirements.

B. At time of solicitation notice will be publicized in accordance with subpart 5.2 as required.

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

The overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.404, it is anticipated that negotiations will be conducted using information other than cost and pricing data from the contractor.

Thorough price analysis will be conducted using available information and approved pricing techniques that will support the contracting office in making a determination that the price paid to the contractor is fair and reasonable to the Government. Based on the foregoing, the Contracting Officer hereby determines 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.

A. Based on the market research conducted there is a high level of confidence that there are no additional sources currently capable of satisfying the agency's need, nor are there any other commercial or non-developmental items which could be utilized to meet the Government's needs

B. Sources Sought Synopsis FA8251-20-R-F16TWT was posted April 2020

C. The 416th SCMS conducted the following methods of market research:

D. JEDMICS drawing repository for drawings and requirements documentation.

Review Haystack GOLD for general parts information.

Performed Internet searches.

Reviewed the previous market research.

Conducted site visits (November 2019, February 2020)

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Attended Industry Trade Show (September 2019)

E. Market Research current as of February 2020

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.

One response to the Sources Sought Synopsis was from Photonis Defense. This information was provided to engineering and it was determined that the microwave amplifiers provided by Photonis are Microwave Power Modules and helix Traveling Wave Tubes. The requirement for the USAF is for Coupled Cavity Tubes, these are not the same thing.

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.

Qualification requirements are available through the solicitation or upon request to any prospective offeror(s) interested in becoming a qualified source. The System Engineer will assist interested concerns in meeting the standards specified for qualification IAW the MQR.

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.