TTNTRepairFOEforPosting.pdf

Contract N00039- I 5-D-0007

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Justification for a n Exception to Fair Opportunity

Nature and/Description of Action: This action will result in the issuance of a cost plus fixed fee de li very order to Data Link Solutions. L.L.C ( DLS) under Contract N00039-1 5-D-0007. The US Navy requ ires the repa ir. maintenance, and engineering serv ice for the Tactica l Targeting etwork Techno logy (TTNT) Term inal Phase 3 and Quint Network Techno logy (QNT) term ina l confi gurations, herein after referred to as the TTNT Terminal configurati ons. TTNT capability is integrated in both the QNT Termina l and TTNT te rminal;

Description of the supplies or services required to meet the agency's needs (includ ing the estimated value): The Government wi ll procure repa ir, maintenance, and engineering services for the TTNT Terminal con fi gurations

The repair, maintenance, and engineering serv ices deli very order under DLS contrnct N00039- J 5-D-0007 authorized under this Fair Opportunity Exception (FOE) is anticipated to be a three year effo11 with an Independent Government Estimate ( IGE) of $6M.

Identification/Justification for Exception: FAR I 6.505(b)(2)( i) (A) through (F) identifies s ix authorized exceptio ns to fair oppo rtunity. This request meets exception (B); only o ne awardee is capable of prov iding the supplies or services required at the level of quality required because the supplies or services ordered are unique or high ly specia lized .

Rockwell Co ll ins is the so le designer, developer, and manufacturer of the TTNT Terminal Configurations. As such, Rockwell Collins possesses the un ique capabi li ty, expertise, and proprietary rights that can satisfy the minimum needs of the Government to repa ir and maintain the Government-

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DISTRIBUTION STATEMENT A: Approved for public release, distribution is unlimited (11 DECEMBER 2017) owned TTNT Terminal configurations hardware.

No other sources for maintenance and repair o f these components are available. Rockwell Collins has provided support for the TTNT Terminal configurations s ince the ir introduction into USN programs in 2005 and 2009, respective ly. Rockwell Collins manufactured and maintains a ll existing TTNT Terminal configurations test hardware and repair too ls necessary to d iagnose fa ilures and repair the terminal s. Rockwell Co llins deve loped and mainta ins a ll software and firmware utilized by this hardware.

The Government does not have the license rights to di stribute a complete Technical Data Package (TOP) providing the detai ls of Rockwell Colli ns unique TTNT Terminal confi gurations product baseline design to a new source. In addition, the Government estimates that establishing a new source capable o f prov idi ng the TINT Terminal configurations sustainment activit ies wou ld cost at least $20 Mil lion and take approx imate ly two years to acquire expertise.

Data Link Solutions is a joint venture between BAE Systems and Rockwell Collins. DLS is the leading the effo1t in the development and testing of the next generation of software defined M IDS termina ls, MIDS JT RS under ex isting DLS Contract N00039- l 5-D-0007. As discussed , due to the lack of sufficient license rights, lack of third party access to a suitable TOP for competitive purposes. and program of record MIDS JTRS TTNT Terminal Configurations ava il abi lity in FY20 it is in the Governments interest to issue a three year cost plus fi xed fee delivery order to Data Link Solut ions.

L.L.C (DLS) under Contract N00039- I 5-D-0007 for TTNT Terminal con figurations repair, maintenance, and eng ineering services.

Determination that the cost will be fair and reasonable: The contracting officer will evaluate and determine the cost is fair and reasonable based on cost and price ana lysis.

Actions to remove or overcome barriers to fair opportunity:

The Government currently competes all delivery orders, unless they meet one of the s ix exceptions in FAR 16.505-(b )(2)(i) (A) through (F).

(b)(7)(e)

------------------------------------- REVIEW I A PPR 0 VAL --------------------------------------

EDEN.MATIHEW.S

Matthew Eden. Alternate Contracting Officer' s Representative/Date

Contracting Officer: RevicwOnly

02 FEB 2017

5(] I have reviewed the content of this memo and determined that it adequately s upports the cited Fair Opportunity Exception as required in FAR I 6 .SOS(b)(2)

D I have reviewed the content of this memo and determined that it does not adequately suppo11 the ci ted Fai r Opportunity Exception as req ui red in FAR 16.SOS(b)(2)

DAVENPORT.EDWI

N.M.

Edwin Davenport, SPAW AR 2. IDl / Date

Code 2.0 Branch Head: !81 Review Only (Requirement is > $700K)

02 FEB 2017

~ 0 Approval I Disapproval (Rcqu1remcn1 1s <= S700K)

~ I have reviewed the content of this memo and determined that it adequately supports the cited Fair Opportunity Except ion as required in F A R I 6.SOS(b)(2)

D I have reviewed the content of this memo a nd determined that it does not adequately support the c ited Fair Opportunity Exception as required in FAR I 6.SOS(b)(2)

J G. Wester, SPAWAR 2. l.4/ Date

(SP AR 2.012 .0A, SSC Code 2.0) !81 Approval I Disapproval (Rcquiremem is > S700K and <=$ I 3.5M) ~ tiv"ty Competition Advocate: O Review Only (Requirement 1s > $13.5M)

I have reviewed the content of this memo and determined that it adequate ly supports the c ited Fair Oppo11unity Exception as requi red in FAR I 6 .505(b)(2).

D I have reviewed the content o f thi s memo and determined that it does not adequate ly support the cited Fair Opportuni ty Exception as required in FAR I 6.SOS(b)(2)

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