Redacted J and A D0001-P00015.pdf

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

CUI

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I. Agency and Contracting Activity.

This Class Justification and Approval (J&A) is to request authority for Other Than Full and Open Competition to support requirements generated for AFSC/EN-R. The contracting activity for this requirement is AFSC/PZIE. The purchase request number for this contracting action is FD2060-24-31838.

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

Due to the circumstances described herein, the activity requests authority to acquire the services listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-3, “Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services.” This action will result in a modification to Indefinite Delivery Indefinite Quantity (IDIQ) contract FA8530-20-D-0001 to increase the contract ceiling by and extend the period that orders can be issued. The pricing arrangement will be Cost Reimbursable No Fee. This contract modification will allow orders to be issued during period of 01 January 2025 through 31 December 2026.

This sole source requirement will be purchased from the following company:

The Corporation of Mercer University DBA: Mercer Engineering Research Center (MERC) 135 Osigian Blvd.

Warner Robins GA 31088-7810 CAGE Code: 0AC45 Non-Profit Educational Institution

This IDIQ contract was awarded as a Single Award Task Order/Delivery Order Contract. The original J&A included supporting rationale to support FAR 16.504(c)(1)(ii)(B)(1) and addressed applicable circumstances of FAR 16.504(c)(1)(ii)(D)(1)(i)-(iv).

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

Systems managed at Robins Air Force Base (RAFB) are aging at a greater rate than originally projected due to mission extensions, service life extensions, and rapidly changing battle tactics with no forecast for replacement of these weapon systems. This places a heavy burden on RAFB to provide swift and dependable engineering services. Engineering analysis, design, prototyping, test delays, or failure to address problems with aging aircraft and related products are costly to the Government, but more importantly, may impact mission readiness if the aircraft(s) cannot be placed back into flying status quickly.

This requirement is for continuation of EES which includes core engineering functions within the skill sets of software, aircraft, structural, mechanical, cyber, avionics, and electrical/electronic engineering needed by RAFB. This requirement includes engineering, research, development, and operational applications in support of technologies and methodologies applicable to Department of Defense (DoD) aging aircraft, support equipment, and supply chain. The requirement includes, but is not limited to, Aircraft Structural Integrity Program, Avionics Integrity Program, Diminishing Manufacturing Sources and Material Shortages, Mechanical Equipment and Subsystem Integrity Program, Maintenance Steering Group-3, Reliability Centered Maintenance (RCM) compliant with SAE JA1011, Environment, Safety and Occupational Health, Reverse Engineering, Design/Prototype mechanical and electronic solutions, August 2023 CUI Page 5 of 9 essential engineering, research, and development services MERC has provided to RAFB. Through the continuation of services under contract FA8530-20-D-0001, MERC will be able to continue their support to RAFB to further the sustainment of legacy aircraft and weapon systems.

• MERC has worked with the F-15 program office to ensure both the accuracy and currency of technical content for outdated technical manuals. MERC develops new NDI procedures utilizing USAF approved equipment based on recommendations in the Force Structural Maintenance Plan and results from the F-15 Full Scale Fatigue Test.

• MERC has supported E 8C Reliability-Centered Maintenance in the Joint STARS program. The Joint STARS platform lacks the engineering capability to support the minimum essential engineering research or development services required to support the RCM program.

• MERC provides C-130 software support for the AIRCAT system. Current C-130 engineering workload exceeds RAFB organic capability. MERC augments C-130 engineering support with approximately 20 equivalent engineers and technicians. Essential engineering augmentation support is required at RAFB to cover the multiyear periods required to accomplish lengthy analyses. MERC professors have advance degrees in engineering and science, therefore are uniquely capable of providing “higher level learning” ideas and solutions in the subjects to be investigated. MERC engineers, computer scientists, mathematicians, logisticians, and scientists provide support defined by the Robins mission partners as essential engineering and research and development skills. MERC engineers have system level hardware and software experience with a number of key systems. This experience enables MERC to develop complex Radio Frequency deinterleaving and geolocation algorithms for Operational Flight Programs to improve aircrew situational awareness and aircraft survivability. MERC also works directly with Air Force Research Lab supporting advanced Mission Data development for these systems and provides a conduit of advanced technology infusion from research laboratories into fielded systems managed by RAFB.

• MERC is working to provide 581st AMXS with an ergonomic and safe solution for their mechanics to safely remove a secondary heat exchanger (SHE) on an F-15. The solution will allow mechanics to stand directly above the SHE when hoisting it in and out of the aircraft thereby reducing injuries by eliminating the awkward work in environment currently experienced by AMXG mechanics.

• MERC provides a redundant ALQ161 DAS laboratory test facility for the B1 weapon system. This redundancy is required by the B1 program office to ensure reliable sustainment. MERC was tasked with the stand up of this facility at a cost of $1.5M to the Air Force. In the event that this work went to another contractor, the Air Force would have to repeat this task thereby incurring significant duplication of cost. In addition to the cost duplication, it would take another organization at least one year to relocate the lab from MERC to their organization, and it is estimated to take a new contractor approximately three years to achieve the level of expertise currently maintained by MERC. This would cause the Air Force to incur substantial delays in the sustainment of this weapon system.

• For the past 20 plus years, MERC has managed the Automated Inspection, Repair, Corrosions, and Aircraft Tracking program for various program offices at RAFB including C-130, F-15 FMS, and C-17 program offices. During this time, MERC has developed skills that cannot be immediately employed by any organization without AIRCAT experience. It would take any other organization approximately 4-5 years to become proficient at performing the AIRCAT tasks. Because of this, the program offices that depend on the AIRCAT program would experience unacceptable delays in their requirements being fulfilled while another organization worked to obtain the experience and expertise to manage the AIRCAT program.

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Due to the type of requirements received such as those described above and per AFSC/ENR direction, it is necessary that a facility/research center is located within 50 miles of RAFB in order for Robins' personnel to access the facility and for the contractor to access the RAFB in less than one hour if needed. This close proximity is required in order to provide timely responsiveness and ensure hands-on interaction between the contractor and the Government. Having the facility located within close proximity to RAFB allows the engineers to work with MERC at their facility on a daily basis without generating travel costs. In addition, in critical, time sensitive situations it allows for an immediate response by MERC when response time determines if an aircraft will be grounded or the mission will continue. Further, RAFB engineers are allowed access and use of equipment at MERC's facility. For example, MERC's RCM lab is routinely used by Robins' engineers and maintenance personnel to visualize and optimize field and depot maintenance practices in order to increase maintenance velocity and reduce Program Depot Maintenance (PDM) costs.

MERC's metrology lab supports quick reaction design and reverse engineering projects, such as the F-15 nose landing gear alignment fixture and 40 mm gun breach block assembly.

Accordingly, it is necessary for RAFB to maintain core competencies and capabilities provided by MERC in order to fulfill critical mission requirements for the warfighter. MERC has been instrumental in researching, providing engineering support in critical areas, and developing solutions to resolve sustainment issues. MERC's EES augmentation will increase RAFB's efficiency to support its system platforms. MERC has the technical expertise, facilities, and unique capacity to support the engineering requirements of RAFB. It is necessary to maintain this capability in order to sustain day-to-day essential engineering functions needed by RAFB.

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.

A public notice will not be publicized on SAM.gov for this proposed contract action per exception in FAR 5.202(a)(10) “The proposed contract action is made under conditions described in 6.302-3…”

A sources sought (SS) / Request for Information (RFI) synopsis was previously publicized on SAM.gov under solicitation FA8530-18-R-0003 on 05 September 2018. Three institutions responded to the SS/RFI.

Another SS/RFI was posted prior to awarding modification FA8530-20-D-0001-P00005 in December 2021. Two institutions responded to the SS/RFI. An additional SS/RFI was posted prior to awarding modification FA8530-20-D-0001-P00007. There were five responses to this SS/RFI. For all RFIs, each respondent was evaluated and MERC was determined the only source capable of supporting the ongoing efforts and fulfilling the essential engineering requirements.

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

The overall cost of this acquisition will be fair and reasonable to the Government. MERC has the status of a non-profit educational institution. In accordance with DFARS 215.403-1(c)(4)(D), DoD has waived certified cost or pricing data requirements for nonprofit organizations (including educational institutions) on cost-reimbursement-no-fee contracts. The contracting officer will require:

(1) Submission of data other than certified cost or pricing data to the extent necessary to determine price reasonableness and cost realism; and

(2) Certified cost or pricing data from subcontractors that are not nonprofit organizations when the subcontractor's proposal exceeds the certified cost or pricing data threshold at FAR 15.403-4(a)(1).

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All proposals will be evaluated and negotiated to establish fair and reasonable prices to the Government and contractor. The contracting officer will require a technical evaluation of the proposed material, hours, and labor categories and will conduct negotiations and make a determination that the negotiated prices/ costs are fair and reasonable prior to award of any task/delivery order.

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

Market Research was conducted 01 February 2024 through 05 March 2024 in accordance with FAR Parts

10.001 and 10.002. The Market Research Report was completed on 05 March 2024. The market research techniques used consisted of internet searches, review of similar efforts, past experience with educational or other nonprofit institutions, and discussion with other engineers at RAFB concerning potential suppliers.

The internet searches were limited to educational, nonprofit institutions, or federally funded research and development centers within 50 miles of RAFB that could potentially meet the Government's requirements.

Multiple sources were found though internet searches due to the broad nature of engineering services. The market research team performed focused internet searches to assess each source's ability (i.e. equipment, personnel, and facilities) to meet the key performance requirements for the engineering services and their geographical location to RAFB. Based on their past experience and potential capability, the following four educational institutions were evaluated:

MERC (CAGE: 0B1C2)

With exception to MERC, the other institutions were found to have experience in a myriad of areas, but they were not capable of meeting all the EES requirements as they relate to the RAFB mission. MERC was the only institution with experience in a variety of interdisciplinary research and design areas including Aerospace Sciences, Acoustics, and Fluid Dynamics. MERC possessed all of the specialized technical expertise areas necessary to meet the RAFB performance requirements.

Discussions were held with various organizations at RAFB to determine if additional organizations besides MERC were capable of fulfilling their current essential engineering requirements and were within 50 miles of RAFB. Upon conclusion of these discussions, it was determined that MERC was the only non-profit educational organization capable of fulfilling the essential engineering requirements that was located within 50 miles of RAFB.

Per AFSC/ENR, the 50 mile radius is required to eliminate the need for Government travel, improve contractor responsiveness, and promote hands on interaction with RAFB.

Commercial Opportunities: This requirement does not meet the definition of support of a commercial item or service as defined in FAR Part 2. There are no commercial items or services available that can meet the Government's requirement. The Government's requirement is unique and complex and does not lend itself

August 2023 CUI Page 8 of 9 to the commercial market. The streamlined acquisition procedures under FAR Part 12 do not apply to this requirement.

The market research concluded that MERC is the only institution (vendor) capable of fulfilling the Government's EES requirements. While all three institutions possess core engineering capabilities to accomplish essential engineering, research, and/or development capabilities and have access to advanced degree disciplines, MERC was the only source demonstrating the capability to meet all the Government's requirements and possessing a facility and equipment in close proximity to RAFB. Through this contract, MERC maintains multiple labs that RAFB engineers routinely utilize.

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

None.

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

See Section V.

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.

Maintaining an essential engineering capability for research and development capability is critical and in the best interest of the Government. It is allowable under the statutory authority of 10 U.S.C. 2304(c)(3), as implemented by FAR 6.302-3, “Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services.” MERC's expertise and rapid response capability are necessary to accomplish the tasks generated by organizations at RAFB. The technical expertise and engineering presence that MERC provides is vital to the RAFB engineering workforce and the programs they support.

Without MERC on hand to accomplish the aforementioned tasks, the warfighter's mission will be gravely impacted.

To promote competition, the Government team is researching various strategies for new EES support that provides engineering, research, and development capabilities to RAFB. The team is currently conducting market research for the next EES contract. This includes exploring the possibility of utilizing multiple local educational institutions and nonprofit research centers to supplement RAFB's organic engineering resources through a competitive EES contract.

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.

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