B01 - JA 24-0185 19Sep24 Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER TRAINING SYSTEMS DIVISION

12211 SCIENCE DRIVE

ORLANDO, FLORIDA 32826-3224

J&A No. 24-0185

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Training Systems Division

2. Description of the Action Being Approved.

Award of a contract on a sole source basis to UFA, Incorporated (UFA), for extended system training sessions, annual maintenance, system software updates, visual database updates, and a hardware support plan for the Tower Simulation System (TSS).

3. Description of Supplies / Services.

The current TSS contract is due to expire in December 2024, when this happens all current TSS devices will lose all levels of support. Without support from UFA, any trainer or software malfunctions will cause significant shortages in trainer availability reducing the ability of the site to maintain qualified personnel on station.

UFA will provide upgrades to its proprietary software for a total of 38 TSS trainers/devices at 34 United States Navy/Marine Corps sites. The software upgrades to the air traffic control facility databases will include but are not limited to: updating approach/departure procedures, modernizing runways and taxiways, and renovating the Standard Terminal Advanced Radar System (STARS) display. These updates are required due to changes in instructions as well as Federal Aviation Administration regulation changes. UFA will also upgrade the operating system to Windows 11 to meet the FY25 requirement. Additionally, UFA will provide support for 34 sites, system training sessions, annual maintenance, system software updates, visual database updates, and a hardware support plan that will mitigate any issues encountered by air traffic control facilities during the operation of the TSS. This support will run from Fiscal Year (FY) 25 through FY29. The estimated total value of all contract actions is as set forth in the table below.

Estimated Dollar Value

FY25 - 29

TOTAL

O&MN

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 3204(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

Pursuant to 10 U.S.C. 3204(b)(B)(i), as implemented in FAR 6.302-1(a)(2)(iii)(A), UFA is the original designer, developer, and manufacturer of the TSS and is the only source with the requisite knowledge, experience, and technical expertise to continue sustainment of the TSS. Due to the specialized nature of the TSS, UFA is the only source that can provide the technical data, facilities, and capabilities required to provide the sustainment support that includes: system software updates, annual maintenance, visual database updates, system training sessions, and support for 34 sites. UFA was selected as the awardee of the TSS on 09 October 2012 through a competition conducted during the Concept Development Phase. After approval of a Limited Source Justification, a follow-on contract was awarded to UFA on 30 December 2019. The Government procured the TSS, but did not purchase access to make any modifications to the system. Only UFA can update the TSS with its proprietary source code. Based on parametric estimating, it would cost approximately $7.8M in front-end investment together with increases in recurring costs to develop and deliver a competitive production line for part or all of the TSS trainers/devices.

Therefore, award of a contract to any other source would result in substantial duplication of costs that are not expected to be recovered through competition.

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

In compliance with Procurement, Guidance, and Information (PGI) 206.302-1, the Procuring Contracting Officer (PCO) issued a Sources Sought Notice via the System for Award Management website (sam.gov) and Procurement Integrated Enterprise Environment (PIEE) Solicitation Module on 25 April 2024. The intent of the notice was to seek information on the availability of potential comparable sources to provide extended system training sessions, annual maintenance, and a hardware support plan for the TSS.

The intent of the notice was to ensure full consideration is given to all potential sources.

No responses were received.

In accordance with Federal Acquisition Regulation (FAR) 5.201, the PCO issued an Intent to Sole Source Pre-Solicitation Notice via sam.gov and PIEE Solicitation Module on 17 May 2024. The intent of the notice was to ensure full consideration is given to all potential sources. No responses were received.

The lack of any response to these outreach efforts confirms the assertion that no source other than UFA is capable of producing and delivering the requirements without substantial duplication of costs. The PCO will address any responses received prior to contract award.

No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5, for any company other than UFA to provide these requirements.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer has determined the anticipated cost to the Government of the supplies/services covered by this J&A will be fair and reasonable.

8. Actions to Remove Barriers to Future Competition.

For the reasons set forth in Paragraph 5, NAWCTSD has no short-term plans to compete this contract effort for the types of supplies/services covered by this document.

NAWCTSD does plan to compete the Technical Refresh of the TSS and will start acquisition planning in FY27 with contract award in FY29.