MPS FY25 Sole Source JA FINAL.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 12August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 12

Was a J&A approved for the preceding acquisition where that acquisition required a J&A? Yes No

! ! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined at DAFFARS 5302.101? Yes No

Dollar Value of this Acquisition: < $750K > $750K and < $15M > $15M and < $100M > $100M

Contracting Activity: 55th Contracting Squadron; PKB

Purchase Request (if available) / Local ID Number: F3H1F15013A001

Program / Project (and PE, if applicable): 1 ACCS Mission Planning Software with Dispatch Support Services

Program Type (PEO, Enterprise, of Operational): Operational

Authority:

6.302-1 – 10 USC 3204(a)(1), Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements Estimated Contract Cost (including options): $ 2,083,086.69 J&A Type: Class Individual

COORDINATION ( DAFFARS 5306.304(a)) Sign and Save Procedure

** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

Date

03 Feb 2025

Project Lead / Program Mgr / Requiring Activity Lt Col Scott McCandless

AFGSC 595 CACG/DOX / 402-294-6248

Signature

X

Date

05 Feb 2025

Contracting Officer Brian Bilello, MSgt

55 CONS/PKB / 402-232-5943

Signature

X

Date

03 Mar 2025

Local Legal Reviewer Lyric L. Clark

55 WG/JA / 402-232-5557

Signature

X

Date

07 Mar 2025

Chief of the Contracting Office (COCO) Lt Col Timothy E. Cabana

55CONS/CC / 402-232- 6358

Signature

X

APPROVAL ( DAFFARS 5306.304(a))

Date

19 Mar 2025

Competition Advocate Lt Col Louson Ramos

AFICC/KC OL-ACC/757-764-5372

Signature

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(See "Specific Guidance for Completing this Template" after item XII below.)

I. Agency and Contracting Activity.

Department of the Air Force, Air Combat Command, 55th Contracting Squadron, Offutt Air Force Base (AFB), Nebraska is the contracting organization responsible for this sole source justification for other than full and open competition. The Procuring Contracting Officer is Mr. Tyler Imhoff.

II. Nature and/or description of the action being approved.

Request approval to award a follow-on, five (5) - year (base plus four (4) options), firm-fixed price contract using other than full and open competition procedures to provide essential mission planning software licenses, electronic navigation, charting products, and technical maintenance in support of the 1st Airborne Command Control Squadron (1 ACCS) at Offutt AFB, Nebraska. 1 ACCS requires the purchase of ForeFlight Dispatch software and Jeppesen Dispatch Solutions for the need described in section III below. Through market research, Boeing Digital Solutions, Inc., was identified as the only responsible source that can fulfill 1 ACCS's requirement and no other supplies or services will satisfy agency needs

III. Description of supplies/services required to meet agency needs.

This contract will provide essential mission planning software and dispatch support services for five (5) years with a period of performance starting 06 June 2025 and ending 05 June 2030. The estimated total value is $2,083,086.69 and will be funded using 3400 funds.

1 ACCS requires upgrades to existing software licenses for a robust, unique mission planning and dispatch system that incorporates civilian and military airspace navigation data and flight plans for worldwide application.

The system must directly integrate with the United States Federal Aviation Administration's (FAA) air traffic control system as well as all foreign nations' air traffic controls systems. The system will plan up to 100 sorties for the 1 ACCS annually (a sortie is a flight plan for aircraft taking off from Base X, flying to and landing at Base Y) including all associated flight planning and crew briefings. This system also assures all other applicable data to ensure mission accomplishment and FAA compliance including any Notice to Airman (NOTAMS) and weather requirements. Note that AFI 11-202 Volume 3, dated 10 Jan 2022 (General Flight Rules), requires pilots to review NOTAMS prior to every flight from the vendor's dispatchers. Dispatchers shall be FAA Part 121 certified to meet all global missions ensuring accuracy of routing, threat avoidance, logistic support, coordination of diplomatic overflight, air traffic control, and support in emergency actions. Simultaneously, the dispatch function will maintain sufficient personnel during execution to mission plan future mission requirements.

The government requires the acquisition of software capabilities that include Intellectual Property (IP) to fulfill the mission. However, any IP acquired as a result of this action is fully owned or licensed by Boeing Digital Solutions, Inc. The government is not purchasing IP or IP rights separate from the requested software and support services. There will be no separate CLINs for IP and IP rights.

The following is a list of system requirements:

1. Upgrades to existing Foreflight software licenses for robust, modern mission planning engine that provides full capability for planning, aerial refueling, orbiting, delaying, and holding for all mission plans. Dispatchers will provide flight plans with central flow management unit (CFMU) compliance, coordinate diplomatic clearances and plan in accordance with up-to-date performance parameters of E-4B aircraft. All dispatch flight planning should encompass worldwide travel of the E-4B.

2. Dispatchers will be available 24/7/365 for missions.

3. Service will include Electronic Flight Bag (EFB) support for the iPad in support of four (4) E-4B aircraft, utilizing ForeFlight Application contracted by the Department of Defense. Capability to integrate moving map technology via iPads to avoid procurement costs of another type of tablet. Capability to access Jeppesen Integrated Electronic Flight Bag suite or similar system aviator, trip kit, etc.

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4. Meet with 1 ACCS annually to demonstrate system features and discuss any changes to mission and flight software.

5. Ability for the E-4B aircraft to utilize digitized aircraft up-to-date performance data to run algorithms against airport, terrain, obstacle, and a full spectrum of data that are in compliance with the FAA.

CLIN X001 will be for "Military Dispatch Services (ForeFlight Dispatch Included)", CLIN X002 will be for "Jeppesen Runway Analysis and Ops Data for E-4B", and CLIN X003 will be for "Military Flight Bag to Military Flight Bag One Upgrade for E-4B".

CLIN 0001-0003 (06 June 2025 to 5 June 2026) - Quantity: 1; Unit of Measure: Year

CLIN 1001-1003 (06 June 2026 to 5 June 2027) - Quantity: 1; Unit of Measure: Year

CLIN 2001-2003 (06 June 2027 to 5 June 2028) - Quantity: 1; Unit of Measure: Year

CLIN 3001-3003 (06 June 2028 to 5 June 2029) - Quantity: 1; Unit of Measure: Year

CLIN 4001-4003 (06 June 2029 to 5 June 2030) - Quantity: 1; Unit of Measure: Year

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

The government requires the use of a Sole Source acquisition under the allowance in FAR 6.302-1, Only One Responsible Source.

Sub-subsection 1.

This justification is for a follow-on contract for previous contract FA4600-19-C-A016. The contractor, Boeing Digital Solutions, Inc. is currently performing at a satisfactory rate and the 1 ACCS is experiencing no issues.

FA4600-24-P-0067 was awarded on a sole source basis to Boeing Digital Solutions, Inc. on 10 June 2024 to provide mission planning software and support services. The current contract is set to expire on 5 June 2025.

These are considered highly specialized services due to the high requirements for certification and experience of contractor personnel. Therefore, this acquisition ensures a follow-on contract for the continued provision of highly specialized services.

Sub-subsection 2.

Boeing Digital Solutions, Inc. is the only responsible source as they are the only vendor that can supply both the mission planning software (ForeFlight Dispatch) and dispatch support services (Jeppesen Mission Planning and Military Dispatch Service) to satisfy mission needs of the 1 ACCS. Although ForeFlight Dispatch is authorized to be sold by ForeFlight LLC through authorized resellers, Boeing Digital Solutions holds propriety ownership of Jeppesen Mission Planning and Military Dispatch Services and is only sold and distributed through Boeing. This information was verified by Boeing Digital Solutions, Inc. on 7 January 2025.

ForeFlight Dispatch is the only mission planning software commercially available that provides the following services: mission planning, aerial refueling, orbiting, charting, and the capability to delay/hold all mission. 1 ACCS currently uses ForeFlight Dispatch as their software for mission purposes. ForeFlight software is utilized DoD wide and allows units with this software to communicate and share analysis with each other. This enables 1 ACCS to communicate and share testing and analysis with the 55 OG who also currently possess ForeFlight software to carry out day-to-day flying operations on the RC-135. Offutt AFB holds approximately 1,000 existing ForeFlight MFB One licenses valuing $1M through base cost and upgrades. Switching to a new brand of software would be cost prohibitive as well as disrupt mission planning communication/data between 1 ACCS and the other flying squadrons on Offutt AFB and DoD.

Jeppesen Mission Planning and Military Dispatch is the only dispatch support service that can fulfill this

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 12August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 12 requirement. Boeing Digital Solutions, Inc. provides 24/7/365 dispatch support teams to plan, engage, and fulfill any operational gap to allow any organization (including the military) to become more risk adverse and effective.

All dispatchers deployed hold FAA dispatcher certifications which ensures that all pilots and passengers can fly safely. Without FAA certified dispatchers, the aircraft are not allowed to legally fly. This puts pilots, passengers, aircraft, and the mission in grave danger of mishap or stoppage. Due to this, 1 ACCS requires FAA certified dispatchers for their mission planning requirement. Additionally, each dispatcher provided by Boeing Digital Solutions, Inc. has extensive knowledge and experience with the E-4B aircraft as E-4Bs are modified Boeing 747-200 aircrafts. In addition, Boeing Digital Solutions, Inc. has relationships and agreements with global United States Department of Defense (DoD) Attached Offices which allows DoD customers to rapidly obtain diplomatic flight clearances not otherwise readily accessible. In the event of an E-4B aircraft carrying a diplomatic passenger (Secretary of Defense, etc.), Boeing Digital Solutions can secure near immediate diplomatic flight clearance whereas any other dispatch services/vendors require a minimum three days to secure clearance through normal procedures. This ultimately provides 1 ACCS the flexibility to takeoff, land, and operate globally and adjust flight needs in real time in case of emergency or mission changes. There would be at least a three-to-six-month delay associated with any other source training and certifying dispatchers and gaining the required knowledge to effectively execute this requirement. This would result in a mission critical breakdown in support. Additionally, if there was other mission planning software available that meet all the requirements, it would be extremely cost prohibitive to integrate and adapt this software into the E-4B platform.

Sub-subsection 3.

55 CONS has determined that award to any other source would result in substantial duplication of cost and unacceptable delays in fulfilling agency requirements. According to the subject matter expert, it would take 24 months at minimum for a new vendor to get to the needed operation level required to aid their mission at a proficient level. According to the mission partner, it took about 24 months for the current contractor and the government to ensure all contractor personnel were trained adequately and to ensure that all of the unique technical requirements were fully addressed. In addition, an award to a new vendor would invalidate approximately 1,000 existing Foreflight software licenses valuing over $1,000,000.00 as 1 ACCS would lose access to their current licenses and would not be able to integrate data with other flying squadrons utilizing Foreflight.

This value was determined by approximating the overall values of active Offutt AFB contracts procuring ForeFlight software.

Sub-subsection 4.

Accordingly, Boeing Digital Solutions, inc. is the only firm capable of providing the supplies and services described in Section II above without the Government experiencing unacceptable delays in fulfilling its requirement.

V. Description of 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 FAR 5.202 applies.

The sources sought was posted to SAM.gov, giving all vendors under NAICS 513210 - Software Publishers - 22 days to respond with interest. Three (3) Small Business vendors and two (2) Other than Small Business vendor responded to the sources sought request. Boeing Digital Solutions, Inc. was deemed by the 1 ACCS subject matter expert as they are the only vendor capable of fulfilling the requirement without creating delays in 1 ACCS mission operations.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The service being procured is commercial. Based upon (1) comparing proposed prices to historical pricing from previous acquisition FA460024P0067, (2) comparison of proposed prices with the Independent Government Cost Estimate (IGCE), the contracting officer expects they will be able to determine that the anticipated cost to the Government will be fair and reasonable.

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VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

A sources sought was posted to SAM.gov from 18 December 2024 - 8 January 2025 (22 Days). This requirement was posted under product service code (PSC) DA10. Five (5) vendors provided a response stating interest in this requirement. Only one of the interested vendors were deemed capable of satisfying 1 ACCS mission needs. Dynamic Graphics Inc was deemed not capable as they only offer mission planning software and not dispatch support services. North American Flight Control LLC was deemed not capable as the their software could not provide a full aircraft modeling algorithm for aircraft performance and fuel burn accounting. Onebrief, Inc was deemed not capable as they do not offer flight-planning specific software solution nor dispatch support services. BAE Systems was deemed not capable as they did not illustrate they could provide the necessary dispatch services.

Two other vendors/brands of mission software were contacted via email and phone, ARINC and Air Support. Both were deemed not capable as ARINC mission planning software does not account for aerial refueling plans, nor can incorporate it into the existing software, and Air Support does not provide charting.

The mission partner provided an analysis on each of the sources sought respondents with information on why they could not meet the specifics of the requirement. The contracting office did not share the government analysis with the respondents as each respondent affirmed in their response they were missing a key element of the requirement.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

There are no other facts supporting the use of Other Than Full and Open Competition.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

Boeing Digital Solutions, Inc.

55 Inverness Dr E Englewood, Colorado 80122 Other Than Small Business

North American Flight Control LLC 7800 Metro Pkwy, Ste 11002 Bloomington, Minnesota Small Business

BAE Systems Information and Electronic Systems Integration Inc.

10920 Technology Place San Diego, California 92127 Other than Small Business

Dynamic Graphics, Inc.

3697 Mt Diablo Blvd, Ste 330 Lafayette, California 94549 Small Business, Women-Owned SB

Onebrief, Inc.

3161 Ala Iliama St, #1801 Honolulu, Hawaii 96818 Small Business

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X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

The Government conducted new market research via a sources sought posted to SAM.gov that attracted four (4) additional entities that were interested in this requirement, however, each of them were not able to fulfill the requirement in its entirety. Although current market research concluded that there is only one responsible source and no other supplies or services will satisfy agency needs at this time, the requiring and contracting activity will continue to seek additional opportunities for market competition for future requirements of this nature.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Remove the Guidance pages below.

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Specific Guidance for Completing this Template

I. Agency and Contracting Activity. (FAR 6.303-2(b)(1))

Self-explanatory

II. Nature and description of the action being processed. (FAR 6.303-2(b)(2))

An individual J&A is for a single contract. State whether the action is a new contract or a modification to an existing contract (identify contract number) and identify the contract type(s) planned (e.g., firm-fixed-price, cost-plus-incentive-fee). If exception 2 is cited (unusual or compelling urgency), include the date of UCA/contract/modification issuance and amount.

An individual J&A cannot be used to support more than one contract action irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise. Stoehner Security Services, Inc., 248077.3, Oct. 27, 1992, 92-2 CPD ¶ 286 at 6. This principle applies with equal force and effect whenever a contracting officer seeks to exercise FAR 52.217-8 (Option to Extend Services) if the contract that incorporated that clause by reference is not a Service Contract Labor Standards-covered contract, as such contracts do not include wage determinations that establish “prevailing labor rates provided by the Secretary of Labor.” FAR 52.217-8. See Major Contracting Services, Inc., B-401472, Sep. 14, 2009, 2009 CPD ¶ 170 at 6, mot. for reconsid. den., Department of the Army --Reconsideration, B-401472.2, Dec. 7. 2009, 2009 CPD ¶ 250 at 5-6. In the alternative, the J&A supporting the basic contract must be a Class J&A.

Although a Class J&A may be written for multiple awards to a single source, or multiple awards to various sources, it must describe each proposed contract action separately so it is clear that each such action is within scope of that Class J&A. FAR 6.303-1(d).

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Describe the supplies, services, or supplies and services to be acquired. Identify the quantities of each item, the estimated delivery dates/periods of performance, the type of appropriation(s) that will acquire those supplies/services, the total estimated value of the acquisition (including options), and the methodology used to arrive at that total estimated value. Provide sufficient information to demonstrate to the approving official that the acquisition of intellectual property (IP) and associated IP rights will satisfy the program's requirements, acquisition strategy, life cycle sustainment plan, systems engineering plan, and test and evaluation master plan.

The program's requirements for IP and IP rights in the Request for Proposals (RFP) must be consistent with the program's acquisition strategy, life cycle sustainment plan, systems engineering plan, and test and evaluation master plan. Accordingly, approving officials will ensure this section of the J&A:

(1) States whether the CLIN structure will include separately-priced CLINs for intellectual property (IP) and IP rights. Once the DFARS is revised to implement 10 U.S.C. § 4236, Air Force contracting officers will be required to negotiate a fair and reasonable price for IP and associated IP rights. Air Force contracting officers must start thinking now how they will do so during sole-source and competitive negotiations and how the resulting contract will reflect the results of those negotiations. Otherwise, they may be caught flat-footed if the RFP did not include such separately-priced CLINs and the Director of Defense Pricing and Contracting issues the final rule implementing 10 U.S.C. § 4236 --the effective date of which occurs one day prior to the award date. See also FAR 7.105(b)(14)(iii) and DFARS 215.470(a);

(2) Lists the titles of all such IP (including digital models) to be to be acquired contained in Exhibits A-N of the draft Request for Proposals; and

(3) Identifies the type of IP rights to be acquired to those deliverables (including the IP rights to be acquired to contract administration information since the standard DFARS clauses do not grant the Air Force any license rights to that type of IP).

Mission-focused business leaders are encouraged to engage early in the acquisition life-cycle with industry regarding the subjects of IP and IP rights. They are also encouraged to consult with approving officials, designees, or both, regarding those subjects well in advance of submitting a draft J&A to the appropriate approving official.

For Class J&As, identify each contract action (contract, modification) to be authorized by the proposed J&A for each potential offeror. If the same information applies to more than one contract, it need only be stated once.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the total estimated value of the

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IV. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above. (FAR 6.303-2(b)(5))

Provide detailed facts sufficient to justify the use of the particular authority cited. Contracting without providing for full and open competition shall not be justified on the basis of a lack of advance planning or concerns relating to the amount of funds available (e.g., expiring funds). (FAR 6.301(c)).

Check the applicable box below. Checking a box will display the text for that section.

A. Only One Responsible Source (FAR 6.302-1, DFARS 206.302-1, and DFARS PGI 206.302-1) In the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, the rationale must first justify the supplies/services as either associated with a “major system” or “highly specialized equipment”. It must then justify either “substantial duplication of cost to the Government that is not expected to be recovered through competition” or “unacceptable delays in fulfilling the agency's requirements”, whichever situation applies. If both of those situations apply, the rationale can be based upon either or both of those two situations. This authority shall not be used when any of the other authorities apply.

Sub-subsection 1. FAR 6.302-1(a)(2)(ii) and (iii) require that the J&A demonstrate that specific conditions have been satisfied.

Therefore, this sub-section must deconstruct the specific words in those provisions and demonstrate to the appropriate approving official how the proposed acquisition satisfies those words.

For example, this sub-subsection must demonstrate the proposed acquisition is a “follow-on contract” by identifying the current contract number of the contract the intended awardee of that “follow-on contract” is currently performing, the basis of award for that contract (competitive, sole-source), the purpose of that contract, the date of contract award, and the date that contract will expire. PTC, Inc., B-416863, Dec. 20, 2018, 2019 CPD ¶ 48 at 6-7. This subsection must also demonstrate the proposed acquisition will continue “development” or “production” of a “major system” or “highly specialized equipment, including major components thereof” or provide “highly specialized services.” In the case of the former, this subsection must either identify the ACAT I or II program --since the legal definition of a “major system” includes ACAT I and II programs --or explain why the equipment sought to be acquired is “highly specialized” for which the proposed acquisition will “continue[ ] development or production”. In the alternative, this subsection must explain why the services sought to be acquired are “highly specialized”.

If the planned acquisition will result in a “bridge” contract that contains options, this subsection must explain why options are necessary. If significant lead time is required prior to approval of the J&A in order to acquire the supplies or services described in Section III, this subsection should mention that fact and explain why that is the case.

Next, this sub-subsection should add a concluding sentence to the end of this subsection, suitably tailored; e.g., “Therefore, this acquisition will be a follow-on contract for the continued development of a major system.”

“Therefore, this acquisition will be a follow-on contract for the continued production of a major system.”, “Therefore, this acquisition will be a follow-on contract for the continued development of highly specialized equipment.”

“Therefore this acquisition will be a follow-on contract for the continued production of highly specialized equipment.”

“Therefore, this acquisition will be a follow-on contract for the continued provision of highly specialized services.”

The purpose of that sentence is to bring the approving official back to the regulatory requirements the preceding paragraphs of this section of the J&A have discussed to demonstrate the J&A satisfies those requirements.

Sub-subsection 2. Thoroughly describe the contractor's unique/highly specialized capabilities and qualifications (e.g., facilities, personnel, special tooling acquired), (FAR 6.303-2(b)(5)), and why no other type of supplies or services will satisfy the agency requirements.

Sub-subsection 3. This subsection should begin with the following sentence, suitably tailored:

“The __[insert program office name]__ has determined that award to any other source would result in substantial duplication

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 9 of 12 of cost to the Government that is not expected to be recovered through competition.”

“The __[insert program office name]__ has determined that award to any other source would result in unacceptable delays in fulfilling the agency's requirements.”

“The __[insert program office name]__ has determined that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Government's requirements.”

The purpose of this opening sentence is to direct the approving official's attention to which specific words in FAR 6.302-1(a)(2)(ii) and (iii) will be the basis for going sole-source.

Next, when the rationale for going sole-source is based upon substantial duplication of cost, this sub-subsection must include an estimate of the amount of cost that would be duplicated (e.g., training required so that another source could acquire the skills necessary to perform the work, equipment, facilities) less the estimated cost to run a competition. (For example, the development costs the Government incurred under the existing contract or similar programs may provide insight into the amount of cost duplication were the proposed acquisition to be competed.) This sub-subsection should also identify the organization(s) that/who performed the analyses that supports those estimates, and describe the analysis that/those organization(s) performed to arrive at both estimates. The methodology must account for inflation during the projected remaining life cycle of the acquisition. (FAR 6.302-1(a)(2)(ii)(A) and (iii)(A); FAR 6.303-2(b)(9)(ii)).

When, however, the rationale for going sole-source is based upon unacceptable delay, this sub-subsection must state how long it would take someone else to obtain this capability (in months/years) and why, and provide a detailed explanation of the impact or problem caused by the delay. When describing the impact or problem caused by the delay, the rationale must identify all nodes on the critical path between the failure to acquire the supplies and services described in Section III and the delivery date(s)/period(s) of performance identified in that section, and the reduction (or frustration) of the warfighter's ability to accomplish specific missions.

The explanation provided must be commensurate with the delivery date(s)/period(s) of performance identified in Section III (e.g., longer delivery date(s)/period(s) of performance necessitate a more detailed explanation). (FAR 6.302-1(a)(2)(ii)(B) & (iii)(B)).

Although the existence of IP rights retained by the developer make the supplies and services available from only once source, the mere existence of such rights does not in and of itself justify the use of this authority. (FAR 6.302-1(b)(2)). Therefore, if the program office will use that rationale to justify going sole-source, this sub-subsection must demonstrate the program office performed sufficient due diligence to validate the developer retains such IP rights that require the use of this authority to acquire the supplies and services described in Section III. Specifically, this sub-subsection must explain:

(1) What IP rights the Government acquired to what IP deliverables under predecessor contracts described in Subsection 1 of this section and why those rights are insufficient to compete acquisition of the supplies or services described in Section III;

(2) What IP clauses (include the month/year of issuance) or applicable commercial computer software licenses were included into all of those predecessor contracts described in Subsection 1 of this section;

(3) Whether those predecessor contracts included the Deferred Ordering clause (DFARS 252.227-7027) and if so, why the program office did not exercise its rights to acquire needed IP deliverables by exercising its rights under that clause;

(4) Why the Government did not acquire sufficient IP deliverables and IP rights under that/those predecessor contract(s) that would have precluded the need to go sole-source for the proposed acquisition (e.g., acquisition strategies for those predecessor contracts were based upon the Total System Performance Responsibility (TSPR) initiative);

(5) What IP deliverables did the program office acquire under that/those predecessor contract(s) and what restrictive markings did the developer affix to those deliverables;

(6) What pre-challenge requests for information or formal challenges the program office initiated in response to a developer's assertions of development at private expense (DFARS 252.227-7019, DFARS 252.227-7037) and what analysis the program office performed of the information it received in response to that request or formal challenge;

(7) What investigation the program office conducted to determine whether the IP deliverables provided under that/those predecessor contract(s) was/were developed in whole or in part at Government expense (e.g., reviewing the developer's IR&D project approvals and accounting records, reviewing earned value management data and integrated program management reports);

(8) Assuming the results of that investigation validate the developer's assertion of development at private expense, what if any steps did the contracting officer take to request the developer propose a price to furnish the IP deliverables and IP licenses

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 10 of 12 needed to compete the proposed acquisition; and

(9) The extent to which the program office considered reverse engineering any subsystems or components of the end item described in Section III (and summarize the estimated cost to reverse engineer those subsystems or components and the time it would take to complete such reverse engineering activities); or considered use of a modular open system approach to acquire those subsystems or components consistent with the program's capability development document, acquisition strategy, and system engineering plan. (DFARS 207.106(S-72)(2)(v); DFARS 227.7103-5(d)(2)(iii)).

Although the control of basic raw material makes the supplies or services available from only once source, the mere existence of such rights or circumstances does not in and of itself justify the use of this authority. (FAR 6.302-1(b)(2)). Under such circumstances, this sub-section must identify how the intended source acquired a monopoly on those raw materials.

When acquiring utility services, circumstances may dictate that only one supplier can furnish the service, or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system. (FAR 6.302-1(b)(3)).

When the agency head has determined in accordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items and only one source is available, (FAR 6.302-1(b)(4)), this sub-section must identify the relevant standardization program.

Notwithstanding FAR 6.302-1(c)(2), a justification and approval is required in order to use brand name or equal descriptions or the use of proprietary specifications or standards. (DFARS 206.302-1(c)(2) and (S-70)).

Sub-subsection 4. When using the rationale described in sub-subsection 3 above, conclude this subsection by including one of the following sentences, as applicable:

“Accordingly, ___[insert company name]___ is the only firm capable of providing the supplies and services described in Section III above without the Government experiencing substantial duplication of cost that could not be recovered through competition.”, “Accordingly, __[insert company name]__ is the only firm capable of providing the supplies and services described in Section III above without the Government experiencing unacceptable delays in fulfilling its requirements.”

“Accordingly, __[insert company name]__, is the only firm capable of providing the supplies and services described in Section III above without the Government experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.”

The purpose of this sentence is to restate for the approving official's benefit which rationale(s) is/are the basis for going sole-source, thereby sensitizing them to the fact the author will now turn to discussing a different topic.

B. Unusual and Compelling Urgency (FAR 6.302-2, DFARS 206.302-2, and DFARS PGI 206.302-2)

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3)

D. Authorized or Required by Statute (FAR 6.302-5)

E. National Security (FAR 6.302-6)

V. Description of 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 FAR 5.2 and, if not, indicate which exception under FAR 5.202 applies.

(FAR 6.303-2(b)(6); FAR 6.303-2(b)(8); FAR 6.303-2(b)(10))

The contracting officer shall issue a sources sought synopsis or an RFI, provide the date the synopsis was issued, the synopsis number, and a brief description of its content. Identify the number of responses received, the names of the respondents, the results of the screening process, and the rationale for determining the unacceptability of any respondents, unless exempted by the MAJCOM SCO or Operating Location SCO with rank of GO or SES, otherwise approval by the HCA is required. (FAR 6.302-1(d)(2); DFARS 206.302-1(d);

DFARS PGI 206.302-1(d); AFFARS 6306.302-1(d); AFFARS MP5301.601(a)(i)).

Specify whether this acquisition will require a Notice of proposed Contract Action (NOCA) IAW FAR 5.201 and if not, provide the

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 11 of 12 exception IAW FAR 5.202. If a NOCA was or will be publicized provide the dates or expected dates of publication of the NOCA. Address any other actions taken or planned to facilitate competition for this acquisition.

When using the authority granted by FAR 6.302-1, an RFI or Sources Sought Synopsis is mandatory. (DFARS PGI 206.303-2(b)(i)).

When using the authority granted by FAR 6.302-2, agencies must request offers from as many potential sources as is practicable under the circumstances unless the Government would be seriously injured if the agency complied with the time periods specified in FAR

5.203. (FAR. 5.202(a)(2); FAR 603.2-2(b)(2)).

When using the authority granted by FAR 6.302-3, no synopsis is required if the proposed contract action is for utility services other that telecommunications services and only one source is available. (FAR 5.202(a)(5)).

When using the authority granted by FAR 6.302-5, no synopsis is required if the proposed contract action results from acceptance of a proposal under the Small Business Innovative Research (SBIR) program. (FAR 5.202(a)(7)).

When using the authority granted by FAR 6.302-6, agencies must request offers from as many potential sources as is practicable under the circumstances. (FAR 6.302-6(c)(3)). The fact that a proposed solicitation or contact action contains classified information, or that access to classified information may be necessary to submit a proposal or perform the contract does not, in itself exempt that proposed contract action from the synopsis requirement. (FAR 52.202(a)(1)). Under such circumstances, this section must identify what alternatives the program office used to compete this requirement (e.g., accessing the National Reconnaissance Office's (NRO) Acquisition Research Center's Central Contractor Registry database or the National Security Agency's (NSA) Acquisition Resource Center's Business Registry database to identify potential cleared offerors and summarize what outreach the program office conducted with those potential cleared offerors to determine their interest in the proposed acquisition).

If qualifying country sources have expressed interest, but will be excluded, provide supporting rationale.

VI. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include the following text, suitably tailored: “Based upon (1) certified cost or pricing data provided in the offeror's proposal, (2) the program office's technical analysis of the offeror's Basis of Estimates (BOE), and (3) inputs from the Defense Contract Management Agency, including from the Administrative Contracting Officer, the contracting officer expects they will be able to determine that the anticipated cost to the Government will be fair and reasonable.”

VII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Discuss any market research conducted pursuant to FAR Part 10 (in addition to any actions described in Section VI above) and describe the results of that research. When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items. Discuss what relevant documentation the contracting officer provided to respondents in a bidders library (e.g., capability development document, system engineering plan, system requirements document, statement of work/ performance work statement, technical data package, compliance documents). Discuss how the contracting officer shared the Government's analysis of each respondent's response with that respondent.

If market research was not conducted, so state and provide the rationale.

VIII. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (FAR 6.303-2(b)(9)(i)).

IX. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

If all interested sources are identified in Section V, it is acceptable to state, “See Section V above.”

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 12 of 12 subsequent acquisitions for the supplies or services required. (FAR 6.303-2(b)(11))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired.

Describe potential actions the program office will take to remove existing barriers to competition identified in the justification and include a milestone schedule for accomplishing those actions. For example, if the barrier to competing acquisition of the supplies and services described in Section III is the lack of IP deliverables or sufficient IP rights to those deliverables, identify and analyze what possible steps could be taken to:

(a) Acquire those IP deliverables and associated IP rights,

(b) Implement a modular open system approach consistent with the program's capability development document, acquisition strategy, and system engineering plan (10 U.S.C. §§ 4401-4403), or

(c) Reverse engineer subsystems or components of the end items described in Section III.

IAW DFARS PGI 206.304(a)(S-70)(ii), for a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a J&A citing the authority at FAR 6.302-1, include a copy of the previous J&A and include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification. If the Senior Procurement Executive (SPE) approved the previous justification, the approval remains at the SPE level.

XI. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by their signature, the contracting officer certifies that this justification is accurate and complete to the best of their knowledge and belief.

XII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

As evidenced by their signatures, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.

Do You Need to "REDACT" Text?

This template is interactive and has special features. In its current state, it cannot be redacted. In order to redact any portion of this template, you must first convert it to a normal PDF file. Click here for instructions.

August 2023 Page of International Agreement Competitive Restrictions (IACR) Page of 13 May 2022 Was a J&A approved for the preceding acquisition where that acquisition required a J&A?

!! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined at DAFFARS 5302.101?

Dollar Value of this Acquisition:

J&A Type:

!! Provide estimated cost of all contracts.

COORDINATION ( DAFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

** To remove a row, click the "X" next to the signature block. CAUTION: Once removed, it can only be restored by downloading the BLANK FORM again.

APPROVAL ( DAFFARS 5306.304(a)) NOTE 1: A signature block will appear here (replacing these notes) based on the "Dollar Value of this Acquisition" selected above. Since most digital signatures that include date/time-stamps are redacted before they are made publicly available, always insert the date in the “Date” cell when affixing a digital signature to this document.

NOTE 2: Some types of acquisitions awarded under circumstances where full and open competition is not required by statute do not have to be supported by a written justification and approval. See 10 U.S.C. § 3204(e)(7); FAR 6.302-5(c)(2). For Class J&As, all contracts within the class must fall within the same statutory authority.

NOTE 3: Users of this template are directed to SAF/AQC Policy Memo 22-C-02, or latest issuance, which provides detailed instructions on how to complete each section of a J&A. The memo will be posted at the following location:

https://usaf.dps.mil/sites/AFCC/KnowledgeCenter/Documents/Contracting_Memos/Policy/22-C-02.pdf (See "Specific Guidance for Completing this Template" after item XII below.)

I. Agency and Contracting Activity.

II. Nature and/or description of the action being approved.

III. Description of supplies/services required to meet agency needs.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

V. Description of 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 FAR 5.202 applies.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

X. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required.

XI. Certification by the Contracting Officer.

XII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template I. Agency and Contracting Activity. (FAR 6.303-2(b)(1)) Self-explanatory II. Nature and description of the action being processed. (FAR 6.303-2(b)(2)) An individual J&A is for a single contract. State whether the action is a new contract or a modification to an existing contract (identify contract number) and identify the contract type(s) planned (e.g., firm-fixed-price, cost-plus-incentive-fee). If exception 2 is cited (unusual or compelling urgency), include the date of UCA/contract/modification issuance and amount.

An individual J&A cannot be used to support more than one contract action irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise. Stoehner Security Services, Inc., 248077.3, Oct. 27, 1992, 92-2 CPD ¶ 286 at 6. This principle applies with equal force and effect whenever a contracting officer seeks to exercise FAR 52.217-8 (Option to Extend Services) if the contract that incorporated that clause by reference is not a Service Contract Labor Standards-covered contract, as such contracts do not include wage determinations that establish “prevailing labor rates provided by the Secretary of Labor.” FAR 52.217-8. See Major Contracting Services, Inc., B-401472, Sep. 14, 2009, 2009 CPD ¶ 170 at 6, mot. for reconsid. den., Department of the Army --Reconsideration, B-401472.2, Dec. 7. 2009, 2009 CPD ¶ 250 at 5-6. In the alternative, the J&A supporting the basic contract must be a Class J&A.