Justification_Sole Source_FAR Part 13.5_PAN409-21-P-0000 003168_Hawkeye Warranty Support_final _ (2)_Redacted.pdf

Control Number: T 21 0020 CUI

(State specific supply or services being procured and location)

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(Source Selection information See FAR 2.101 and 3.104 4)

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L3 Harris operates the necessary diagnostics equipment to test, troubleshoot and determine root cause of component malfunctions for proprietary Hawkeye systems.

L3 Harris Corporation exclusively manufactures and distributes replacement parts for the proprietary Hawkeye systems. They are the sole proprietor, owner and manufacturer of the Hawkeye III Lite satellite network transport systems and all associated products and components in both the commercial and government marketplace. In addition, L3 Harris Corporation has yet to negotiate or enter into any licensing agreements with other contractors; instead they exclusively hold ownership over their system and, therefore, are the only entity in a position to provide the required extended service support.

L3 Harris Corporation maintains exclusive design schematics and diagrams required to diagnose equipment.

L3 Harris staffs an engineering department capable of assessing unique challenges and issues associated with current and emergent versions of the proprietary Hawkeye systems.

L3 Harris Corporation operates a technical support staff to assist with troubleshooting and analyzing systems malfunctions remotely with end users. The staff is trained with the necessary expertise to provide immediate support to customers operating the proprietary Hawkeye systems.

L3 Harris Corporation has an existing service support process to return faulty components back to their headquarters in CONUS and includes initial diagnosis, repair or replacement of proprietary Hawkeye systems and return to back the customer.

21 TSC and subordinate Brigades routinely use these Hawkeye Satellite Communications Systems to enable unclassified (NIPR), classified (SIPR) and Coalition Mission Partner Environment (MPE) network access while conducting operations in a tactical environment.

These systems enable 21 TSC’s theater-opening and sustainment operations as directed by higher headquarters, USAREUR. These systems enable Reception, Staging, Onward Movement and Integration (RSOI) of rotational Regionally Aligned Forces (RAFs) deploying in support of ongoing Atlantic Resolve operations. These systems also provide a direct organic capability to Brigades and enables Mission Command while minimizing simultaneous competing requirements levied on 2d Theater Signal Brigade, the only unit in theater providing signal support. These Hawkeyes are used during USAREUR capstone exercises include the DEFENDER series of exercise in addition as a planning consideration for OPLANs. Since initial procured in 2018, the Hawkeye III Lite satellite network transport systems have been employed at the headquarters and Brigade level during numerous operations throughout Europe extensively in Germany and Poland and throughout the Baltics, Balkans and Black Sea. The Command relies on these systems as part of the Primary, Alternate, Contingency and Emergency (PACE) plan as part of the Concept of Signal Support to Operations.

As already stated the Hawkeye III Lite satellite network transport systems is currently proprietary to L3 Harris Corporation, they own the product and are the sole distributor of that product and have not entered into any licensing agreements with any other contractors. This requirement calls for continued extended services support, at this point to go out and seek other contractors or available sources would mean additional and unnecessary costs to the

CUI

(Source Selection information See FAR 2.101 and 3.104 4)

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Government. Introducing another contractor to provide extended services support for a product not their own would lead to a myriad of problems beginning with the lack of training and knowledge or the inability to understand the current system and how operates. Since this software is proprietary to L3 Harris Corporation, only employees properly trained and educated by them will be familiar with the product specifications, know how to troubleshoot, and perform any repairs. Without licensing agreements in place, there is a very high risk that other contractors will damage the equipment in attempting to effect repairs. This would further create problems due to system malfunction, the equipment becoming unusable or outdated, which in turn will lead to mission failure and additional costs to the Government to replace the equipment.

6- Efforts to Obtain Competition: 21 TSC G6 submitted Request for Information (RFI) through CHESS. Four (04) contractors submitted negative responses to CHESS RFI #349393. The results are included in the Market Research Report. The Contracting Officer shall publish the notices required by FAR 5.201.

7- Actions to Increase Competition: In accordance with AR 25-1, the use of the Army

Computer Hardware, Enterprise Software and Solutions (CHESS) is the Army’s Commercial Center of Excellence and “Primary Source” for Information Technology (IT) products and services. Research returned no available sources or contracts capable of fulfilling this requirement. The 21 TSC G6 and the 409th CSB TCC will continue to review brand name requirement mandates; compatibility and integration requirements; current and emerging technology through market research; and any changes to German regulations. The 21 TSC G6 will also continue to evaluate additional manufacturers and compatibility guidance and/or agreements. Continued efforts in this regard will ensure that the Government utilizes the most efficient and economical provider while, ensuring competition is addressed to the maximum extent practicable.

8- Market Research: In developing the requirement documentation and Statement of Work, an

RFI was posted through CHESS to seek out potential sources. Multiple contractors responded to the posting stating their inability to meet the requirement. Furthermore, L3 Harris Corporation has confirmed in writing that the equipment is proprietary technology they developed and to date they have not authorized other business to resell the equipment or provide service support.

9- Interested Sources: To date, no other sources have written to express an interest.

10- Other Facts:

a- Procurement history: Yes No – Per available information, it has been determined that services similar to those required herein have been procured in the past for the requiring activity. The requiring activity was in need of extended service support for a different system. The extended maintenance support, the 21 TSC G6 currently needs is a procurement of first instance for the 409th CSB – TCC. As such, there is not procurement history to reference.

Purchase Order or Contract Number – Period of Performance – Contractor –

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(Source Selection information See FAR 2.101 and 3.104 4)

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Award Date – Was action competed? Yes No; if action not competed – o State the cited authority – o Summarize rationale – o Describe the circumstances justifying the procurement and whether there have been any significant changes – o Describe the actions supposed to be taken to increase competition and the results thereof – Changes to Industry resulting in now limited sources – Explanation of any unusual patterns in history (e.g. several consecutive, urgent buys) – b- Other facts: The Hawkeye III Lite satellite network transport systems was first purchase by the 21 TSC G6 through award #SPM8EJ-14-D-0005 on 28 September 2018 by DLA Troop Support. Procurement of the equipment included two (02) years of maintenance support as an incidental.