REDACTED_FMS Kuwait KLASS CETS JA No 24132_FINAL.pdf

This is a Justification and Approval (J&A) document for use of other than full and open competition for a federal contract opportunity.

The Marine Corps Systems Command seeks to procure Contractor Engineering and Technical Services (CETS) to provide Operations and Maintenance (O&M) support for the Kuwait Low Altitude Surveillance System (KLASS). The proposed single contract award to TCOM, L.P. (7115 Thomas Edison Drive, Columbia, MD 21046) covers one 12-month base period and four 12-month option periods, with a total estimated dollar value of $39,267,113.08 funded entirely through Foreign Military Sales (FMS) customer funds provided by the State of Kuwait. The contract will be awarded using Title 10 U.S.C. Section 3204(a)(1) authority, permitting other than full and open competition based on the "Only One Responsible Source" rationale under Federal Acquisition Regulation (FAR) part 6.302-1.

The KLASS comprises a tethered 71M® aerostat equipped with TPS-63 Solid State Radar and communications electronics, supporting real-time low-altitude air surveillance for Kuwait Air Force and U.S. Central Command forces. TCOM is justified as the sole source based on proprietary intellectual property rights to the 71M® aerostat design, exclusive access to specialized personnel trained to operate the system, and contractual relationships with original equipment manufacturers (OEMs) of associated subsystems. The J&A cites substantial duplicative costs, unacceptable operational delays of up to 23 months, and lack of sufficient technical data rights available to other contractors as key factors preventing competition. A sources sought notice (SSN M67854-23-I-0048) was posted on Beta.SAM.gov on June 15, 2023, yielding responses from TCOM and six other vendors (Emaar Al Yawm, Amwaj Al Azal, CG Navitronics, Veloxxity LLC, and Vantage), but the evaluation determined TCOM as the only known source capable of fulfilling the specialized requirements.