MOD 01 HC1013-24-D-0001 Redacted.pdf

The Air Force Technical Applications Center (AFTAC) United States Atomic Energy Detection

System (USAEDS) Network

CUI

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Controlled By: DISA

Controlled By: PSD/PS8231

CUI Category: PROCURE

Distribution/Dissemination Control: FEDCON

POC: Katie Day, katie.s.day.civ@mail.mil; (667)890-9087

Template updated July 2024

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting

Procurements under FAR Part 12, and FAR Part 15

Purchase Request Number: Not Applicable (N/A)

Contract Number: HC1013-24-D-0001

Task/Delivery Order Number: N/A

Procurement Title: The Air Force Technical Applications Center (AFTAC) United States

Atomic Energy Detection System (USAEDS) Network

Estimated Value: + (Modification (MOD) 01) =

Statutory and Regulatory Authority: 10 U.S.C. 3204(a)(1) and FAR 6.302-1

Justification for OTFAOC Number: JA26-026 MOD 01

Upon the basis of the following justification, I, as Procuring Activity Competition Advocate, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of FAR 6.302-1.

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY:

Requiring Agency:

AFTAC

1030 South Highway A1A

Patrick Air Force Base, Florida 32925

Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO)/PS8231

2300 East Drive, Building 3600

Scott Air Force Base, IL 62225

2. NATURE/DESCRIPTION OF ACTION(S): The purpose of this J&A is to obtain approval for modifications to existing contract HC1013-24-D-0001 between DISA and Simba Enterprises

LLC (SimbaCom) and increase the contract ceiling by an estimated . Increasing the contract ceiling by is expected to satisfy AFTAC’s program requirements for operations and maintenance (O&M) of the network in addition to potential changes and additions to service points throughout the life of the contract. The contract is currently in the base period, which expires on May 31, 2025. The contract has nine option periods remaining. The increased

J&A amount will support known and possible additions and changes to service points. The period of performance expires on May 31, 2034. The firm fixed price (FFP) O&M requirements

Page 2 of 6 Pages will be funded via Program Designator Code (PDC) (LFTSMB) on Telecommunications Service

Requests (TSRs). All requirements remain within scope of the Performance Work Statement

(PWS), and all other clauses and requirements of the existing contract remain in force.

MOD 01: This modification is to increase the current contract ceiling by an estimated

. Increasing the contract ceiling by is expected to satisfy AFTAC’s program requirements for O&M of the network in addition to potential changes and additions to service points throughout the life of the contract. The contract is currently in the first option period, which expires on May 31, 2026. The contract has eight option periods remaining.

3. DESCRIPTION OF SUPPLIES/SERVICES: AFTAC is the sole Department of Defense agency responsible for monitoring nuclear treaty compliance. The mission has grown and developed, spanning more than 50 years of long-range detection. AFTAC has evolved into one of our nation’s most unique resources by monitoring worldwide compliance with nuclear treaties, supporting our nation’s space programs, and providing information that helps protect life during emergencies involving nuclear materials. AFTAC has a network of sensors known as the

USAEDS network. It consists of a worldwide network of geophysical technologies deployed to detect, identify, and locate a nuclear explosion underground, underwater, in the atmosphere, and in space. AFTAC has a critical requirement to continue O&M of its network.

This modification is to increase the current ceiling of the established Indefinite Delivery

Indefinite Quantity (IDIQ) contract by from to . The awarded

IDIQ ceiling was for the total O&M for the established service points, and did not take into account any modifications, which are in-scope of the technical requirements of the PWS.

Specifically, PWS 6.1.1.1 states, “The Government requires the capability to add or delete service points and/or upgrade/change the data rates of the remote sites as required anytime during the life of the contract via a bilateral contract modification.” This increase to the contract ceiling will allow the Government to execute that capability. The ordering period is unchanged as a 10-year IDIQ contract, June 1, 2024 through May 31, 2034.

MOD 01: This modification is to increase the current ceiling of the established IDIQ contract by from to . The original justification and contract modification P00002 was executed to raise the initial IDIQ’s ceiling by to address immediate modifications that need to be completed, but it did not cover future in-scope modifications that are needed throughout the life of the contract. The original IDIQ was competitive and did not include a J&A. This increase to the contract ceiling will allow the Government to execute future in-scope enhancements (i.e. technical refreshes, bandwidth increases, modem refreshes, potential new sites, and decommissioning of any sites that are no longer needed) for the remainder of the contract.

4. IDENTIFICATION OF STATUTORY AUTHORITY: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C. 3204(a)(1) (FAR 6.302-

1/DFARS 206.302-1).

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5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Description of events.

SimbaCom was awarded a firm-fixed price contract for the AFTAC USAEDS network as full and open competition under the small business set-aside category. SimbaCom is currently the only contractor that posses the various host nation approvals, permits, and licenses to ensure the USAEDS network is operating within the agreements of the

International Data Center during the remainder of the contract period of performance.

These licenses and permits are not transferrable. The Government has a requirement for continued O&M of the network, in addition to changes and additions to service points throughout the life of the contract.

(b) Justification.

(1) Minimum Government requirements.

This contract includes continuous, uninterrupted telecommunication services for existing worldwide service points within the continental United States (CONUS) and outside the continental U.S. (OCONUS) in support of the AFTAC USAEDS network.

The USAEDS network is a worldwide network of geophysical technologies deployed to detect, identify, and locate a nuclear explosion underground, underwater, in the atmosphere, and in space. The contractor must provide O&M support, to include

24/7/365 continuous flow of data from the service point locations to AFTAC. The contractor must be poised to change, add, or delete service points at the Government’s discretion in order to sustain and maintain AFTAC’s national mission of nuclear treaty monitoring, detection, and reporting.

(2) Proposed sole source contractor.

The current contractor is SimbaCom. SimbaCom is currently providing service at all service points included in the scope. A majority of these service points are in remote, austere locations, and are in countries not easily accessible to telecommunications providers. The provider must hold various host nation approvals, permits, and licenses to operate satellite systems in foreign countries. Once a license or permit is granted, it is not transferable. To change providers, the new provider must submit for a new license or request a change to the current license. If a telecommunications provider operates any telecommunications service (satellite or terrestrial) in a foreign country without the proper frequency permits, equipment authorizations, and host nation agreement, the host country may confiscate all equipment and deny the transmission of data between the service point and AFTAC. Without the increase to this contract ceiling, SimbaCom will not be able to continue to execute all requirements of the PWS, and they are the only source who can continue to fulfill this requirement within the contracted period of performance without substantial break in service to AFTAC.

(3) Discussion regarding cause of the sole source situation.

Contract HC1013-24-D-0001 was awarded with a contract ceiling of , effective June 1, 2024. The contract ceiling amount was based solely on the costs of

Page 4 of 6 Pages maintaining the current service points, but did not account for any modifications to the contract to add/delete or change/upgrade the service points as identified in the PWS.

Modification P00001 was issued to remove a Service Point, which decreased the contract and ceiling amount by to . The mission partner has estimated an additional in future O&M and non-maintenance requirements for the current period. In order to maintain the service points as required by the PWS, an increase to the contract ceiling is required.

MOD 01: As stated above, contract modification P00002 raised the contract ceiling of . The mission partner has estimated an additional in future O&M and non-maintenance requirements for the current period. In order to maintain the service points as required by the PWS, an increase to the contract ceiling is required.

(4) Impact.

This contracting action is critical to our national security mission. AFTAC has a responsibility to ensure the USAEDS network is properly operated, maintained, and available 24/7/265 to detect, identify, locate, and report a nuclear explosion underground, underwater, in the atmosphere, and in space. Failure to obtain these services would pose unnecessary risk to the USAEDS network, and our nuclear treat monitoring system. Changing at this point without the necessary lead times will result in mission failure.

6. CONTRACT OPPORTUNITIES ANNOUNCEMENT/POTENTIAL SOURCES: All required announcements were posted for award of the base IDIQ contract to SAM.gov. In accordance with DARS 5806.302-1(d)(S-90), the HCA has waived the requirement to issue a

Request for Information (RFI) or Sources Sought Notice (SSN) as a market research method for procurement actions to increase the ceiling amount of a contract/order. As such, no RFI/SSN has been posted for this modification, but a redacted copy of this J&A will be posted to SAM.gov within 14 days of award.

7. DETERMINATION OF FAIR AND REASONABLE COST: The contracting officer will determine whether proposed prices are fair and reasonable before award. Other than certified cost and pricing data will be requested from the contractor at the time of solicitation. Evaluation of the supporting price documentation will be analyzed. Additionally, contractor-proposed pricing will be compared to an Independent Government Cost Estimate, other contracts for similar services, and to the prices currently paid on this contract. Based on this analysis, the contracting officer will determine whether the proposed price is fair and reasonable.

8. MARKET RESEARCH: As stated above in Section 6, an RFI/SSN was not required for this action. Market research at time of contract award, included a SSN which identified four small businesses determined to be capable of performing at least 50% of the total requirement. As such, this contract was competed as an open market, small business set-aside. Additional market research is not required for this action as the technical scope of the contract remains unchanged and the sole purpose of this modification is to increase the contract ceiling amount.

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9. ANY OTHER SUPPORTING FACTS: None.

10. LISTING OF INTERESTED SOURCES: Simba Enterprises, LLC, 39 Fort Evans Rd NE, Leesburg, VA, 20176.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History.

(1) Contract Number: DCA200-03-D-5006

Contractor: AIS Engineering, Inc.

Contract Period: April 30, 2003 –July 31, 2013

Type of Acquisition: Full and Open Competition

(2) Contract Number: HC1013-12-D-0001

Contractor: UltiSat, Inc.

Contract Period: December 01, 2011 –September 30, 2020*

Type of Acquisition: Small Business Set-Aside

*Orders continued through March 31, 2023 via FAR 52.216-22

(3) Contract Number: HC1013-23-D-0001

Contractor: UltiSat, Inc

Contract Period: April 01, 2023 –March 31, 2024*

Type of Acquisition: Sole Source Bridge Contract Action

*Orders continued through September 31, 2024 via FAR 52.216-22

(4) Contract Number: HC1013-24-D-0001

Contractor: Simba Enterprises, LLC

Contract Period: June 01, 2024 – May 31, 2034

Type of Acquisition: Small Business Set-Aside

(b) This sole source nature of this action is driven by the need to increase the contract ceiling on the existing IDIQ to complete PWS requirements. The current contractor holds all the approvals and licenses required, and changing the contractor for this modification places undue risk on the Government as it could result in a lapse/disruption in communications between service points and AFTAC.