Redacted Justification and Approval.pdf

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

CUI

March 2023 CUI Page 2 of 8March 2023 CUI Page 2 of 8

I. Agency and Contracting Activity.

The Requirement Office is the Air Force Life Cycle Management Center, Special Operations Forces (SOF)/ Personnel Recovery & Rotary (AFLCMC/WIU) Division. The Contracting Office responsible for this proposed contracting action is SOF/PR & Rotary Division Contracting Division (AFLCMC/WIUK). The purchase request number is FD2060-23-31400.

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

Due to the circumstances described herein, the activity requests authority to procure the services listed in this document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency requirements. This action will result in the award of a follow-on Requirements Indefinite Delivery Contract (IDC) for Interim Contractor Support (ICS) in support of the Joint Urgent Operational Need Statement (JUONS) solution Distributed Aperture Infra-Red Counter Measures (DAIRCM) program. The Requirements IDC will consist of a one (1) year basic plus two (2) one year options with Firm Fixed Price (FFP), Cost Plus Fixed Fee (CPFF), and Cost Reimbursement No Fee (CRNF) Contract Line Item Numbers (CLINs). The Requirement IDC ordering period is projected to be 20 December 2023 through 19 December 2026, if both options are exercised.

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

DRS Advanced ISR, LLC 654 Anchors Street, Suite 1 Fort Walton Beach, Florida 32548-3861

CAGE: 5AQM5

Large Business

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

This requirement is for the services required to provide ICS of the DAIRCM system currently installed on the HH-60G helicopter. The primary purpose for the DAIRCM system is to defeat Infrared guided Air-to- Air threats and Surface-to-Air Missiles /Man Portable Air Defense Systems threats.

Air Combat Command (ACC) requires installations and maintenance of the AAQ-45 DAIRCM. The DAIRCM system is a Temporary modification to meet JUONS SO-0010. The United States Air Force (USAF) does not have technical data for organic maintenance of the system. This effort requires ICS for DAIRCM installations HH-60G aircrafts, repairs of the AAQ-45 system components/ Line Replaceable Units, and Program Management. This effort requires a single program management point of contact. It requires the development of management plans, as necessary to ensure that all elements of this effort are managed and executed within the program budget and schedule.

The ICS provided Continental United States (CONUS) and Outside Continental United States (OCONUS) on-call technical support for the DAIRCM system. ICS support is required 24 hours a day, 7-days a week. ICS support may consist of telephone calls, electronic support, or in person support as necessary to resolve the issue.

March 2023 CUI Page 5 of 8 aircraft until replaced by a permanent modification. Once the decision was made to retire the HH-60G aircraft, it was determined a permanent modification would not be feasible due to the HH-60G entering into sunset.

The DAIRCM product data was developed by DRS and procured under Navy contract N00019-16-C-00015 but the Navy was unable to obtain a detailed intellectual property (IP) data package due to the nature of the acquisition. The product data delivered by DRS under the Navy contract to the HH-60G Program Office was limited to drawings and engineering documents detailing the installation of the system on the HH-60G.

This data was not adequate to support competitive acquisition because it lacks detailed data necessary for product support of the Group A (development, integration, installation of electrical wiring and fiber optic cable assemblies) and Group B kit components (sensors, processors, lasers, etc.). Due to the nature of a Type-1 modification, it normally does not require the delivery of a detailed technical data package.

According to Air Force Instruction 63-101/20-101, Type-1 modifications are not authorized permanent logistics support, such as peculiar support equipment and sustaining engineering support. However, minimum essential logistics support, including verified technical data or interim contractor support, essential for the temporary operation and sustainment of the modification in its designated mission environment are provided, consistent with weapon system support concepts and product support strategies.

The Navy is currently in negotiations to purchase the full IP data package as the program transitions to a Program of Record. The USAF is not directly involved in the negotiation, but it is of interest because the USAF may benefit from that acquisition. Acquisition of the IP data has the potential to support future competitive sustainment needs for the DAIRCM system.

The Government does not currently have access rights to the proprietary DAIRCM system data. The data is required to support or operate the DAIRCM system. In addition, the data for the DAIRCM Group A-to- B kit interface IP data is not currently owned by the Government. DRS Advanced ISR is the only source available to satisfy the requirement.

The Government does not have the requisite skills to provide certain specific levels of technical assistance, nor the proprietary IP data to maintain the DAIRCM system. Taking into account the following factors: the age of the HH-60G fleet; the small number of aircraft; and the phase out / project life cycle ending in 2026, it is not feasible, nor cost effective, to pursue a reverse engineering (RE) effort to qualify a new source. A RE effort is anticipated to take 3-5 years, if not longer to complete which would result in an unacceptable delay in meeting mission requirements. Any delays in awarding this follow-on contract will have a direct impact on the HH-60G's mission and operations. In addition, there would be a direct impact to the HH-60G deployment schedule and its ability to counter emerging threats.

The HH-60G SPO office has utilized only DRS as a vendor for the DAIRCM system modifications. No other vendor has been utilized for this specific system modification nor has any other vendors been found capable to complete this DAIRCM effort through market research; DRS is the only vendor found capable of supporting this ICS effort for the DAIRCM system as other offerors do not have access to DRS proprietary technical data to support completion of this effort.

Accordingly, DRS is the only company capable of providing the requirements described in Section III above without the USAF experiencing unacceptable delay in meeting mission requirements.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, March 2023 CUI Page 6 of 8 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.

Sources Sought (SS) / Request for Information (RFI) synopsis, Notice ID FA8552_24_DAIRCM_ICS was published to the System for Award Management (SAM.gov) on 01 February 2023 with a response date of 03 March 2023. The SS/RFI was posted to conduct market research to identify potential sources that possess the repair data, expertise, capabilities, and experience to meet qualification requirements to provide ICS capability, to include storage and shipment of the DAICM Group A and B kits. Two responses were received, one (1) Large Business (DRS) and one (1) Small Business (RV Global Solutions). Both vendors were evaluated; DRS was determined capable vendor and RV Global Solutions not capable due to no past performance involving aircraft or helicopter maintenance.

This requirement will be synopsized on SAM.gov in accordance with FAR 5.201 citing conditions which preclude Full and Open Competition. Sources expressing an interest as a result of the synopsis, will be identified to the prime contractor for potential subcontracting opportunities.

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

Based upon (1) certified cost or pricing data provided in the offeror's proposal in accordance with FAR 15.403-4; (2) the program office or expert technical personnel analysis of the offeror's Basis of Estimates;

(3) inputs from the Defense Contract Management Agency; (4) comparison to past actual on the current contract, the contracting officer expects to determine the anticipated cost to the Government to 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.

Market research was conducted 02 September 2022 through 14 March 2023 in accordance with FAR Part

10.001 and 10.002. The Market Research Report was completed on 14 March 2023. The market research techniques used are as follows:

A vendor survey was conducted. The survey revealed DRS as a potential capable vendor. Three different DRS business units (different CAGEs) were shown in the current contract and previous USAF contracts;

therefore all three DRS units were evaluated in the vendor survey. The different DRS CAGEs relate to the physical facility/business locations.

SS/RFI published on the Government database (SAM.gov) under Notice ID FA8552_24_DAIRCM_ICS on 01 February 2023. DRS and RV Global Solutions responded to the SS/RFI. DRS was the only vendor determined capable.

A query was run using the Small Business Administration (SBA) Dynamic Small Business Search (DSBS) engine. North American Industry Classification System (NAICS) code “541330” and keyword “helicopter” was used for the query. The following three potential small business vendors were identified: 1) Erica Lane Enterprises, Inc. (Cage: 1DHW2) Woman Owned Small Business, 2) Peregrine Avionics, LLC. (Cage:

8ZKE6) Small Business, and 3) Southeast Aerospace, Inc. (Cage: 1G9Y1) Veteran Owned Small Business.

An evaluation determined the three vendors lacked specific HH-60G maintenance and repair experience and each vendor did not possess the technical DRS proprietary data required to complete this effort. As a result, the vendors were determined not capable of meeting the requirement.

March 2023 CUI Page 7 of 8

Review of vendors used by the HH-60G System Program Office (SPO) for past modification programs.

DRS was determined the only capable vendor for this requirement.

Reviewed the previous market research conducted in support of contract FA8552-19-D-0001 to determine if changes in the marketplace had occurred since that prior period. It was determined that no significant change in the marketplace had occurred; no additional companies were identified as being capable of meeting the agencies requirements due to lack of access to the DRS proprietary DAIRCM technical data.

The DAIRCM system requirements are military unique as the commercial sector does not require or otherwise use this capability.

The market research concluded DRS is the only vendor capable of fulfilling the ICS requirements in support of the DAIRCM system.

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 above.

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 prior J&A plan to overcome barriers to competition was for the USAF HH-60G SPO to evaluate the DAIRCM data delivered by DRS under the Navy contract and assess whether the data is adequate for competitive procurement on future fleet-wide DAIRCM system installations/integration. This plan was completed and it was determined the data procured was not adequate for competitive procurement. Based on fulfillment of the prior plan, the current J&A does not require a higher level of approval in accordance with DRAS PGI 206-304(a)(S-70).

At this time the Navy is currently in negotiations to obtain a complete IP data package for the DAIRCM system as a Program of Record (POR). Once this occurs, the detailed data would be available to compete future service requirements for this program. Until the POR is established, and the IP data is procured, the proprietary data for the DAIRCM system and any support or services required to support the DAIRCM system would only be available through DRS. The last DAIRCM modified HH-60G is slated to retire in September 2026, therefore this instant requirement should sustain the program through the retirement date.

Based on this, the Integrated Product Team (IPT) is not developing a plan to remove or overcome barriers to competition. In the event the DAIRCM system program is extended beyond the current projected retirement date, the IPT will contact the Navy for updates on the DAIRCM IP data acquisition.

XI. Certification by the Contracting Officer.

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

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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.