JnA_Redacted.pdf

CONTROLLED UNCLASSIFIED INFORMATION

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

United States Air Force

AFSC/PZA

3001 Staff Drive

Tinker AFB, OK 73145

Purchase Request (PR) FD2030-20-02269

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

This individual Justification and Approval (J&A) authorizes the use of other than full and open competition procedures to obtain a new, Follow-On, firm-fixed price (FFP), Indefinite Delivery “D” Requirements type contract. This is not a bridge action. The contemplated contract is for repair services of the air traffic control landing systems (ATCALS) antennae. The ATCALS antennae, NSN 5985-00-660-9975, Part

Number 143665-1 is unique to the ATCALS system. This proposed contract will be from L3 Harris

Technology, Inc., Commercial and Government Entity (CAGE) code 24930. In accordance with (IAW)

FAR Part 16, a three-year basic period and one two-year option period is considered appropriate for this acquisition. Market research revealed this to be a non-commercial acquisition. The estimated total value of this award is with an estimated award date of 9 March 2022.

Current Contract Number: FA8119-16-D-0018

Award Date: 9 September 2016

Estimated Completion Date: 9 March 2022

Basis of Award: Sole-Source

III. DESCRIPTION OF SUPPLIES/ SERVICES REQUIRED TO MEET AGENCY NEEDS

This is a service contract. Dollar values listed below reflect the anticipated value. Under the contemplated contract, L3 Harris Technology, Inc. will provide the repair of the ATCALS antennae.

Estimated Period of Performance

Estimated Dollars

Basic March 2022-March 2025

Option I March 2025-March 2027

6 mo. Option to Extend March 2027-September 2027

O&A March 2022-March 2027

Total Estimated

Contract Value March 2022-September 2027

Maximum Contract Value:

PR Line Item 0001

MINOR Repair of NSN: 5895-00-660-9975

P/N: 143665-1

Noun: Antennae

Application: ATCALS

Item description and function: Sends out a beam of radio frequency specifically designed to radiate and/ or receive electromagnetic waves in free space.

Type of Appropriation: 97X4930

Total Estimated Dollars for PR Line item 0001:

PR Line Item 0002

MAJOR Repair of NSN: 5895-00-660-9975

P/N: 143665-1

Noun: Antennae

Application: ATCALS

Item description and function: Sends out a beam of radio frequency specifically designed to radiate and/ or receive electromagnetic waves in free space.

Type of Appropriation: 97X4930

Total Estimated Dollars for PR Line item 0002:

Year Qty

(BEQ)

Unit Price Estimated

Dollars

Period of Performance

Basic 5 EA March 2022- March 2025

Option I 3 EA March 2025- March 2027

6 Month

Extension

1 EA

March 2027 – Sept 2027

PR Line Item 0003

Description: Over and Above

Type of Appropriation: 97X4930

Total Estimated Dollars for PR Line Item 0003:

Year Qty

(BEQ)

Estimated

Dollars

Period of Performance

Basic 1 LOT March 2022 – March 2025

Option I 1 LOT March 2025 – March 2027

6 Month

Extension

1 LOT

Year Qty

(BEQ)

Unit Price Estimated

Dollars

Period of Performance

Basic 2 EA March 2022- March 2025

Option I 1 EA March 2025- March 2027

6 Month

Extension

1 EA

PR Line Item 0004

Description: Data, Not Separately Priced (NSP), IAW Commercial Asset Visibility Air Force (CAV AF)

Reporting Requirements and Contract Data Requirements List (CDRLs) DD FORM 1423

Type of Appropriation: N/A

Total Estimated Dollars for PR Line Item 0004: $0.00

Year Qty

(BEQ)

Estimated

Dollars

Period of Performance

Basic 1 LOT NSP March 2022 – March 2025

Option I 1 LOT NSP March 2025 – March 2027

6 Month

Extension

1 LOT NSP

Due to the circumstances described below in Sections V, IX and XI, there are no additional actions that could be taken to develop competition. Therefore, it is considered appropriate to seek approval for more than one fiscal year’s requirements. If other qualified or approved sources become known at any time during the life of this contract, full and open competition will be considered and utilized to the maximum extent practicable.

IV. STATUATORY 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), and required by FAR 6.303-2(b)(4).

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 anticipated contract will be for the continued highly specialized repair service of the air traffic control landing systems (ATCALS) antennae. The ATCALS antennae, NSN 5895-00-660-9975, Part Number

143665-1 is unique to the ATCALS system. The antennae is a critical application item, as defined in the

Aviation and Critical Safety Item Management handbook. The ATCALS antennae sends out a beam of radio frequency specifically designed to radiate and/ or receive electromagnetic waves in free space.

Repair of the antennae is a highly specialized service due to the need for access to necessary repair data, firmware, and test equipment. This repair is imperative to allow the Government to be mission ready at all times. Therefore, this acquisition is for continued performance of a highly specialized service.

L3 Harris Technology, Inc. is the only known source that has the necessary detailed repair data, firmware, and test equipment needed to repair the ATCALS antennae. The Government has limited form, fit and function data, and this data is not sufficient to repair the items described in Section III. The contemplated contract is sole source as the data needed to compete this requirement is not physically available, and cannot be obtained economically. L3 Harris Technology, Inc., formerly known as Exelis, Inc. and Harris

Corporation has been the Original Equipment Manufacturer (OEM) and repair contractor for this item under previous contracts and is the only known, qualified contractor that has the repair data, firmware, and test equipment necessary to perform this highly specialized repair service.

Efforts by the Government to secure the necessary license rights from L3 Harris Technology, Inc. have been unsuccessful. A request was made to L3 Harris Technology, Inc. on 5 September 2020 requesting a price quote to acquire or license the necessary data rights. L3 Harris Technology, Inc. declined to quote. At this time, L3 Harris Technology, Inc. is the only approved source. The Government has established

Qualifications Requirements (QRs) for the ATCALS antennae repair. Prospective sources must meet these requirements prior to being identified as an approved source. The 424 Supply Chain Management

Squadron (SCMS) has determined that L3 Harris Technology, Inc. is the only source that has met the defined QRs at this time, and thus has been listed as the only approved source.

The 424 SCMS believes that award to any other source would result in unacceptable delays in fulfilling the

Air Force’s requirement. Development of additional sources to repair this item is not feasible within allowable timeframes. Any interested sources would be required to submit a Source Approval Request

(SAR) package. Interested vendors need to submit a SAR package demonstrating capacity to access the necessary data, independently develop maintenance/repair procedures, or other proof of capability. As of

12 Aug 2021, no SAR packages have been received. Once a SAR package has been submitted, it can take in excess of one year to qualify the potential source. During this time the Government must review and approve the SAR package, complete any potential site visits and validate/verify any developed technical requirements. If deliveries do not begin by March 2022, the 848th SCMG would be unable to provide an adequate supply of ATCALS antennae units to support the Air Force, which would cause grounded aircraft, leaving the Air Force unable to fulfill critical mission requirements.

Accordingly, L3 Harris Technology, Inc. is the only firm capable of providing the repair of the items described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE

This package has been posted on www.beta.sam.gov. The Sources Sought Synopsis (SSS) was posted from

10 Aug 2020 - 10 Sep 2020 under FD2030-20-02269. As of 10 Sep 2020, no vendors responded to the

SSS; additionally, as of 12 Aug 2021 no SAR packages have been submitted for consideration.

Government defined pre-award QRs for potential sources to apply to these items. Potential sources will be required to obtain the necessary data independently or otherwise provide proof demonstrating capability via the SAR process. All SAR package submissions submitted prior to contract award will be evaluated in a timely manner to ensure the highest level of competitive possible. The QRs were synopsized on

FedBizOpps 22 June 2017 and can now be found on www.beta.sam.gov by searching for the keyword

“RQR-848”.

This requirement will be synopsized in https://beta.sam.gov as a notice of proposed contract action IAW

FAR 5.201. The expected date of publication is 10 Oct 2021.

QUALIFYING COUNTRY SOURCES: None

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The Contracting Officer will ensure that the items described herein are negotiated at a fair and reasonable price to the Government. IAW FAR as supplemented, the contractor will be required to provide certified cost or pricing data. A detailed cost analysis and price analysis will be accomplished. The Contracting

Officer will request a technical evaluation from the Defense Contract Management Agency (DCMA) and/or Defense Contract Audit Agency (DCAA) may be contacted to assist with the evaluation of the contractor’s proposal.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS,

OR A STATEMENTOF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

In accordance with FAR 10.001(a)(2), market research was conducted on the ATCALS antennae by a multi-functional team consisting of the Logistics Management Specialist, Engineer, Production

Management Specialist, and Procuring Contracting Officer. This research included inquires by a SSS (see

Section VI) and searches into Internet sites including Google secure components, the Thomas Register, Haystack, FedBizOpps, DSBS, SAM, and FPDS for potential sources. Searches included part number, nomenclature, and similar or like items. This market research, which began on 10 Aug 2020 and concluded on 10 Sep 2020, revealed that there are currently no other sources with the ability to repair these assets.

Other sources provide similar repair services but none have been identified as being approved to meet the requirement described in Section III. Further these requirements can neither be modified nor satisfied with commercial or modified commercial items. The ATCALS antennae is used in military applications and no commercial or non-developmental substitutes are available. There are no applicable industry standards, regulations, trade journals, or process guides that apply to the repair the ATCALS antennae.

Based on the market research, the OEM, L3 Harris Technology, Inc., was found to the be the only known source available to fulfill the requirement described in Section III.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

None

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION

L3 Harris Technology, Inc. CAGE: 24930

7891 Orion Ave.

Van Nuys, CA 94106

Phone: (818) 901-2916

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

The complexity of this item and its criticality to safe operation of the aircraft requires that the source of repair be an approved source possessing the data, experience, skills, and equipment necessary to restore this item to a like new condition. L3 Harris Technology, Inc. is currently the only known qualified source.

As a result of the continued refusal by L3 Harris Technology, Inc. to provide the technical data as well as the unacceptable delay of developing additional sources per Sections V and IX, there are no known additional actions which can be taken to remove barriers to competition and therefore, specific actions and milestones cannot be established.

The 424 SCMS will continue to monitor the marketplace for repair source development. The Government will continue to synopsize future requirements IAW FAR 5.201, rescreen the item, an attempt to acquire the data necessary to qualify additional sources. Two years prior to contract expiration the 424 SCMS will engage with L3 Harris Technology, Inc. requesting the sale/licensing of proprietary data, rescreen the items and monitor the market place by posting a sources sought notice to www.beta.sam.gov.

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 and all stated actions to remove barriers to competition have been accomplished.

XII. CONTRACTING OFFICER’S CERTIFICATION

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. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

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).