LSTAR_JOFOC_Redacted_12_02_20.pdf

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA)

Ames Research Center (ARC)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

For

Lightweight Surveillance Target Acquisition Radar (LSTAR) V(2), Radar Systems Refurbishment, Repair and Maintenance Support, Contract No. 80ARC017D0001

1. Federal Acquisition Regulation (FAR) 6.303-2(b)(1) – Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition prepared by National

Aeronautics and Space Administration (NASA) Ames Research Center (ARC).

The procuring agency is the National Aeronautics and Space Administration (NASA) and the contracting activity is the Procurement Office located at ARC.

This JOFOC is recorded in the ARC JOFOC Log as JA-FY20-J014.

2. FAR 6.303-2(b)(2) – The nature and/or description of the action being approved:

This justification provides the rationale for contracting by other than full and open competition to award a sole-source contract modification with SRC, Inc. to increase the total maximum potential value of Contract No. 80ARC017D0001, LSTAR V(2) Radar Systems refurbishment, repair and maintenance support from FOIA Ex. 5 to FOIA Ex. 5. This contract is a single source Indefinite- Delivery, Indefinite- Quantity (IDIQ), under which Firm-Fixed Price (FFP) and Cost-Plus Fixed Fee (CPFF) task orders are executed. This approval will allow the maximum ordering quantity of the IDIQ contract to be increased to FOIA Ex. 5 which permits utilization of the remaining option periods on this contract. For purposes of this IDIQ contract, the maximum ordering quantity is the same value as the maximum potential contract value. These remaining options will be exercised, as necessary, to accommodate the completion of LSTAR radar support. NASA ARC awarded Contract No.

80ARC017D0001 on August 22, 2017, and the total potential period of performance through Option 4 ends on August 21, 2023. The contract is currently at the end of Option Period 2 and task orders equal to the maximum ordering quantity of $2 million have been executed. Therefore, the current maximum ordering quantity and total potential contract value will need to be increased in order to permit the critical services under the contract to continue under option periods 3 and 4. Critical on-going requirements and projects such as Unmanned Aircraft Systems (UAS) Traffic Management (UTM) project requirements, Advanced Air Mobility (AAM) and NASA Ames range radar surveillance support are performed under this contract.

The JOFOC for the original contract award was approved in March 2017.

3. FAR 6.303-2(b)(3) – A description of the supplies or services required, to meet the Agency’s needs (including the estimated value):

This JOFOC documents the justification for increasing the total maximum ordering quantity of the current LSTAR V(2) Radar Systems refurbishment, repair and maintenance support contract to FOIA Ex. 5. This increase will permit critical requirements to be performed under the LSTAR V(2) Radar Systems refurbishment, repair and maintenance support contract to continue under options periods 3 and 4. The LSTAR V(2) Radar Systems refurbishment, repair and maintenance support contract provides highly specialized services for multiple programs and projects in the following radar domain capabilities:

- Target ranging

- Target speeds

- Area surveillance

- Target positioning

- Data for aircraft separation assurance

- Data for development of air traffic management tools

- Data for target tracking analysis

The LSTAR V(2) Radar Systems refurbishment, repair and maintenance support contract provides support to the Aviation Systems Division (Code AF), the Human Systems Integration Division (Code TH), the Aeronautics Projects Office (Code AT) and the Aviation Management Office (Code JO) at NASA ARC to carry out their varied research programs. The major objectives of these organizations is the development of technologies for use in air traffic management and the utilization of aircraft in order to mature the research technologies in realistic environments. Additionally, NASA ARC is currently in the process of establishing a range capability called “Smart Mobility.” This range capability will provide an environment to safely conduct Beyond Visual Line Of Site (BVLOS) flight operations and the LSTAR V(2) Radar Systems are central to the safety case to support these operations. The LSTAR Radar Systems are also going through a Federal Aviation Administration (FAA) frequency allocation authorization process that will allow NASA ARC to operate these radar systems for the purpose of Zero Conflict Airspace utilization. This capability will allow ARC to use the LSTAR radar for separation assurance between piloted and unpiloted aircraft during flight operations. NASA ARC is also installing an LSTAR radar on a communications tower in order to provide target detection information to our Airspace Operations Laboratory (AOL) at NASA ARC.

The Airspace Operations Laboratory (AOL) at NASA ARC provides a better understanding of roles, responsibilities, and requirements for human operators and automation in future air traffic management (ATM) systems. The LSTAR radar information will enhance the laboratories capability.

All of these missions are critical service requirements that need to continue during the LSTAR V(2) Radar Systems refurbishment, repair and maintenance support contract. Many of these missions are are in advanced stages.

The total maximum ordering quantity and maximum potential contract value is currently $2 million and contract funding has reached $2 million through option period 2. Additional within scope requirements are being performed under task orders on the LSTAR contract than were originally foreseen when the contract was awarded. The magnitude of these additional within scope requirements have led to the need for an increase in the maximum ordering quantity of the contract and the following are examples of some of these requirements.

1. The requirement to install an LSTAR radar on a permanent basis on a communication tower at ARC was not forecast. This additional effort has made it necessary to interface our

LSTAR with the tower platform. This effort also includes radar frequency analysis to ensure no interference with other communication frequencies on the tower. This additional requirement to have the radar installation support was not initially identified at the time of award.

2. There is also now a requirement to support a new research project called Advanced Air Mobility (AAM). This new project activity has identified LSTAR radar surveillance capablitites to be utilized for aerounautical research. This newly identified project requirement was not identified at the time of award but is within the scope of work of this IDIQ contract.

The additional FOIA Ex. 5 for a new total potential contract value of FOIA Ex. 5 will provide for anticipated radar support contract requirements for the remaining two periods.

The existing contract period of performance time frames are as follows:

Base Period – 08/22/2017 – 08/21/2018 - Funded at $270,000

Option Period 1 – 08/22/2018 – 08/21/2019 – Funded at $865,500

Option Period 2 – 08/22/2019 – 08/21/2020 – Funded at $865,000

Option Period 3 – 08/22/2020 – 08/21/2021 – IGCE at FOIA Ex. 5

Option Period 4 – 08/22/2022 – 08/21/2023 – IGCE at FOIA Ex. 5

Total maximum ordering quantity and maximum potential contract value - FOIA Ex. 5

4. FAR 6.303-2(b)(4) – An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

5. FAR 6.303-2(b)(5) – A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The rationale supporting the use of 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements is as described below.

The current radar systems were made by SRC, Inc. for military use only, contain military operational software, and are ITAR-compliant (International Traffic in Arms Regulations). The LSTAR V(2) radar systems have never been sold to cilvilian companies and have not been sold or provided to foreign governments without the permisision of the Department of Defense and the Department of State. The LSTAR V(2) radar systems were decommissioned by the U.S. Army and provided only to U.S. government agenices. However, the radar systems require hardware and software refurbishment.

An internet search for LSTAR V(2) parts confirmed SRC, Inc. as the only source. Additionally, SRC, Inc. informed ARC that SRC developed the radar system and retains sole rights to the proprietary technical data package, so SRC, Inc. is the only company with the documentation to do the hardware and software maintenance. Therefore, SRC, Inc. is the only soure that can provide the required maintendance, refurbishment, and support needed for the LSTAR V(2) radar systems.

Award to any other source is not feasible, as SRC, Inc. will not allow ARC to purchase the data package to provide to another contractor to perform the repair work and SRC, Inc. is the sole provider for the required software. It is anticipated that it would not be possible or cost effective to have another source provide these services without the use of SRC, Inc.’s technical data and software.

Therefore, for the reasons set forth above, the incumbent, SRC, Inc. is the only responsible source that can reasonably satisfy the LSTAR V(2) Radar Systems refurbishment, repair and maintenance support requirements stated in Section 3 of this JOFOC.

6. FAR 6.303-2(b)(6) – A description of the 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 5.202 applies:

A notice to the Government Point of Entry (GPE) website (beta.sam.gov) was published on July 7, 2020, in accordance with FAR Subpart 5.2. This posting informed potential sources of NASA’s intent to award this sole-source contract modification to increase the maximum ordering quantity to SRC, Inc. The results of this posting are summarized in paragraph 10.

7. FAR 6.303-2(b)(7) – A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer’s signature on this document indicates that the Contracting Officer has determined that the anticipated cost to the government will be fair and reasonable. The Contractor shall be required to submit a proposal to be evaluated and negotiated by the Government. Prior to execution of the contractual instrument, a proposal analysis will be performed. The proposal analysis will ensure that the final agreed-to price for the contract action is fair and reasonable. Independent Government Cost Estimate (IGCE) and previous established approved rates were used to estimate the dollar value increase. A proposal analysis will be performed for each task order before award, in accordance with FAR 15.404. The proposal analysis will include cost element analysis, comparison to the IGCE on both cost and price evaluation techniques ensuring that the final agreed-to cost and fee or profit under each task order awarded during the remaining period of performance on the contract is fair and reasonable. Pre-negotiation Position Memorandums will be prepared prior to the initiation of negotiations and will be approved in accordance with FAR 15.406 prior to conducting negotiations.

Price Negotiation Memorandums will be drafted and approved following the completion of negotiations prior to each task order being awarded.

8. FAR 6.303-2(b)(8) – Description of the market research conducted, and the results, or a statement of the reasons a market research was not conducted:

Market research was performed at the time of contract award on March 2017 and the results were documented on JA Form 007, Market Research Report. This market research is for the

FOIA Ex. 5 increase of the maximum ordering quantity and corresponding contract value.

The results are described below and are also documented on O_JA7 Market Research Report dated 07/30/2020.

A Sources Sought posting was issued on July 7, 2020 on beta.sam.gov with the response deadline by July 21, 2020. The purpose of the synopsis was to (1) notify industry of NASA’s intent to increasethe contract value on a sole source basis and (2) solicit information about interested sources that are capable of providing the required support. Interested organizations were requested to submit their capabilities and qualifications in writing. The Contracting Officer received no capability statements in response to the synopsis. As stated in Section 5 above, SRC, Inc. is the sole responsible source able to fulfill LSTAR requirements of the increased contract value.

The Contract Specialist (CS) checked the following sources to determine if there were any small businesses, small or other than small, that could provide the service:

Although NAICS Code 334511 is listed on the Woman Owned Small Business (WOSB) website, there are no WOSB companies able to provide this service under the Dynamic Small Business Search site using the search criteria, "LSTAR radar" and NAICS code 334511.

Reviewed mandatory sources (FAR 8.002(a)(2)) for services on the Procurement List Maintained by the Committee for Purchase From People Who Are Blind or Severely Disabled, and the List does not include services related to radar systems and equipment.

Reviewed other mandatory sources (FAR 8.003) and none of these were applicable to aeronautical and nautical system and radar systems and equipment.

CS reviewed the NASA Vendor Database listing for potential sources, but no sources indicated that they could provide the requirements.

A review on Solutions for Enterprise-Wide Procurement (SEWP) identified IT products and product-based services but there were not any radar systems and equipment.

Checked on the Small Business Administration Dynamic Business Search using the search criteria, "LSTAR" and NAICS code 334511 and produced no results.

Checked on Javits-Wagner-O'Day (JWOD) or Ability One and reviewed the Service Type List, but it does not have radar systems on the list.

Checked GSA eLibrary using the search criteria, "LSTAR" and produced no results.

Checked GSA Advantage using the search criteria, "LSTAR," and produced no results.

A search of Federal Procurement Data Systems - Next Generation using search criteria, "LSTAR" came up with a list of 33 contracts for NASA. All of these contracts were awarded to SRC, Inc.

A search on VIP using the search criteria, "LSTAR" and NAICS code 334511 produced no results.

In summary, the acquisition team conducted extensive market research for this requirement, and the CS and technical team evaluated and did not find any other vendors with the required LSTAR radar systems refurbished, maintenance, repair support services. Furthermore, SRC, Inc. has its proprietary software in the existing LSTAR systems at ARC; therefore, any other sources would not be compatible with ARC’s LSTAR radar sytems’ parts and equipment.

9. FAR 6.303-2(b)(9) – Any other facts supporting the use of other than full and open competition:

None

10. FAR 6.303-2(b)(10) – A listing of the sources, if any, that expressed an interest in writing in the acquisition:

A notice of NASA’s intent to award this sole-source action was posted on the GPE website (beta.sam.gov) per FAR Subpart 5.2 (See Section 6 above). The notice was posted on July 7, 2020 with a closing date of July 21, 2020. No sources expressed interest in the additional work requirements required by this extension.

11. FAR 6.303-2(b)(11) – A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

ARC has a current LSTAR contract with SRC, Inc. which was awarded non-competitively under an approved JOFOC due to SRC, Inc.’s proprietary software in LSTAR radar systems at ARC. SRC, Inc. will not sell the data package to ARC. This sole source contract modification to increase the maximum ordering quantity and contract value of the existing to the LSTAR contract is necessary to continue ongoing critical requirements during option periods 3 and 4.

The Agency will continue to examine the market in the future for alternative solutions or new sources, but only SRC, Inc, can perform the remaining requirements under the LSTAR contract given the proprietary software, components, and data package.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

To Increase the Maximum Ordering Quantity and Contract Value of LSTAR Contract Number 80ARC017D001

Frank Aguilera: I certify that the facts presented in this justification are accurate and complete.

Frank Aguilera Technical Representative

Jennifer Stock: I hereby certify that the above justification is complete and accurate to the best of my knowledge and belief.

Jennifer Stock Contracting Officer

FRANK

AGUILERA

Digitally signed by

FRANK AGUILERA

Date: 2020.11.05 11:31:47 -08'00'

Jennifer Stock Digitally signed by Jennifer Stock Date: 2020.11.06 10:48:25 -08'00'

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIGNATURE PAGE

To Increase the Maximum Ordering Quantity and Contract Value of LSTAR Contract Number 80ARC017D001

CONCURRENCE:

Sarah Pollock Procurement Officer

APPROVED:

David Korsmeyer Competition Advocate, NASA Ames

Sarah Pollock Digitally signed by Sarah Pollock Date: 2020.11.10 09:01:55 -08'00'

David Korsmeyer Digitally signed by David Korsmeyer Date: 2020.11.16 08:51:11 -08'00'