LS-CJA_AIR_UAS ISR_263_Redacted.pdf

CJA_21-0013

5. Rationale Justifying Use of Cited Statutory Authority.

In accordance with FAR 6.302-1(a)(2)(iii)(B), Insitu and Textron are the only sources capable of performing both land-based and sea-based services without unacceptable delays in fulfilling the

The Government program office for Small Tactical Unmanned Air Systems, PMA-263, has been managing land- and sea-based UAS ISR services dating back to 2005 and has substantial knowledge of vendors capable of delivering the unique UAS ISR supplies and services required.

Over the past decade, PMA- - and sea-based UAS ISR needs utilizing MACs awarded in 2012 and 2017, and the predominance of PMA-263's current ISR services requirements are managed utilizing competitive task orders for land- and sea-based services awarded pursuant to the 2017 MAC (Solicitation N00019-16-R-0063).

Four vendors responded to MAC Solicitation N00019-16-R-0063 for land-based services: AAI Corporation (now Textron), Academi, Insitu, and PAE ISR, LLC. The Government conducted an extensive and thorough evaluation of Technical, Corporate Experience, and Price factors, including detailed evaluations for technical compliance and technical risk ratings, a performance confidence assessment rating, and a price evaluation based on task order proposals. All four vendors met the prerequisite requirements at time of award and were awarded basic contracts for land-based UAS ISR Services in 2017. However, as prime contractors, neither Academi nor PAE ISR have maintained a current Category 3 Interim Flight Clearance (IFC) and Authority To Operate (ATO) for their respective UAS. Insitu and Textron were the only respondents to MAC Solicitation N00019-16-R-0063 for sea-based ISR services. An extensive and thorough evaluation of Technical, Corporate Experience, and Price was conducted. Based on selection, both vendors were awarded basic contracts for sea-based UAS ISR Services in 2017, and both have performed sea-based UAS ISR services under the MAC.

On the basis of the detailed source selection evaluations conducted for award of the PMA-263 MAC, Insitu and Textron proven performance as the only two contractors that currently have the required IFC and ATO, and the market research discussed more fully in paragraph 6, Insitu and Textron are the only offerors currently capable of performing the highly specialized efforts described herein. Award to any other source would result in a schedule delay of at least 18 months for another company to design, develop, test, verify, validate their UAS, and establish the required IFC and ATO. This estimated delay is based on PMA-263 direct experience with the qualification of new vendors. A delay of this length is unacceptable because it would result in gaps in ISR services in theater. In addition to the 18 month delay for qualification and establishment of IFC and ATO, there are additional delays to in theatre performance based on the required pre-deployment activities. The fielding schedule for land-based ISR services includes a pre-deployment period of three months for the successful contractor to conduct necessary site surveys, deploy personnel and assets, and establish flight operations. The fielding schedule for ship-based ISR services includes pre-deployment periods ranging 12 months to 24 months including time for the Navy to conduct engineering design and modification specific to the supported ships. For ship-based ISR services, the specific UAS must be identified prior to the such as Ship Installation Drawings (SID) development and Electromagnetic Environmental Effects (E3) analysis can only be accurately accomplished by the lead integrator if UAS system details are known and considered. For both land- and ship-based services, it is important that the Government award the contracts prior to the start of the respective pre-deployment periods.

The current MAC ordering period ends June 2022. Performance on all task orders issued under the MAC must be complete by June 2022 including the required post deployment period. This results in deployment coverage ending in March 2022 at the latest. For any requirements with periods of performance that end inside the MAC ordering period, PMA-263 will utilize that existing vehicle; however, for requirements with performance needs that end after the MAC ordering end date of June 2022, PMA-263 intends to conduct competitions between Insitu and Textron pursuant to the authority of this CJ&A.

For both land-based and sea-competitively awarded task orders helped them further refine and develop the requisite technical knowledge, experience, and tooling to perform the highly specialized efforts described herein.

As such, Insitu and Textron are the only sources that can provide the highly specialized services deliver the unique UAS ISR supplies and services required to support the deployed forces.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

In accordance with FAR 5.201, this effort was synopsized on the beta.SAM.gov website on 26 October 2020. Responses were received from Martin UAV, Arcturus UAV, and L3 Harris, however these respondents are not currently capable of meeting UAS ISR requirements based on the lack of IFC and ATO. A summary of communications with each company is provided.

Martin UAV, a Texas based company, responded by email on 04 November 2020. On 20 November 2020, the Government responded, thanking Martin UAV for the interest in doing business with PMA-263 and addressed PMA-263's operational requirements. That response went on to state that capability statements can be submitted in response to sources sought Notice ID 243-20-175. No further communication was received from the vendor.

Arcturus UAV, a California based company, responded by email on 09 November 2020. On 25 November 2020, the Government responded, thanking Arcturus UAV for the interest in doing business with PMA-263 and addressed PMA-263's operational requirements. That response went on to respond to the individual questions asked by the company. Additionally, the response stated that capability statements can be submitted in response to sources sought Notice ID 243-20-175.

No further communication was received from the vendor.

L3Harris, a Texas based company, responded by email on 10 November 2020. The email contained a request for clarifications to the subject synopsis, but did not include an assertion the company is requirement described in the subject synopsis. On 23 November 2020, the Government responded, thanking L3Harris for the correspondence. That response went on to respond to the individual questions asked by the company. The same day, the vendor replied to the contract specialist thanking them for the response. The vendor stated their intention to respond to sources sought Notice ID 243-20-175.

No further communication was received from the vendor.

No additional communications regarding the synopsis were received. If any future responses or inquiries are received they will be evaluated by the Procuring Contracting Officer (PCO). A Sources Sought Waiver (Ser. 243-21-001) was signed on 23 October 2020.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Procuring Contracting Officer shall ensure that all supplies and services ordered under the contract are procured at a fair and reasonable price. The Contractor will be required to submit a proposal for each BOA Order being competed with sufficient information to support the accuracy and reliability of the estimate. As necessary, the Contractor will be required to submit cost or pricing data in accordance with FAR 15.403-4. Experienced technical analysts and contract specialists, with the aid of necessary field pricing support, will review the Contractors proposed costs. Analysis will be based on information such as historical costs and rate recommendations provided by field pricing support agencies (Defense Contract Management Agency and Defense Contract Audit Agency). The Procuring Contracting Officer intends to rely on price competition to determine a fair and reasonable price and, as required, will use cost and price analysis as the basis of negotiating a fair and reasonable price for the required efforts stated herein.

8. Actions to Remove Barriers to Future Competition.

The Program Executive Office for Unmanned Aviation and Strike Weapons, PEO (U&W), and the Small Tactical Unmanned Air Systems, PMA-263, together maintain a constant survey of the UAS industry and has not identified any other sources capable of performing the instant requirement. In an effort to encourage competition of its future requirements, PMA-263 intends to continue conducting market research including the issuance of sources sought announcements.

If another potential source emerges, the Naval Air Systems Command will assess the possibility for future competition.