Redacted Justification.pdf

CUI

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. Agency and Contracting Activity.

This Justification and Approval is to request authority for Other Than Full and Open Competition to support requirements generated for the Air Force Sustainment Center (AFSC), 638 Supply Chain Management Group (SCMG), 408 Supply Chain Management Squadron (SCMS) / GULB. The contracting activity for this requirement is Defense Logistics Agency (DLA) Aviation, Warner Robins, DLA/AWB. The purchase request number supporting this contracting action is FD2060-24-00058.

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

Due to the circumstances described herein, the activity requests authority to procure the production of the redesigned legacy AN/ALQ-172 Countermeasures Transmitter Line- Replaceable Units (LRU) 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 a new Firm Fixed Price (FFP) one-time buy definitive C type contract. The period of performance to include all deliveries is anticipated to be FY24 - FY27. This sole source requirement will be procured from the following company:

L3Harris Technologies, Inc.

77 River Rd Clifton, NJ 07014-2000

CAGE: 28527

Large Business

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

The purpose of this effort is for the production of the redesigned LRU-4 to replace legacy LRU-4 National Stock Number (NSN) 5865-01-533-9874 which is no longer sustainable due to obsolescence, Diminishing Manufacturing Sources and Material Shortages (DMSMS), and reliability issues due to legacy technology of the LRU. Temporary NCC number 5865NCC664879 is referenced for this effort until the replacement LRU is cataloged and a new NSN is assigned.

The LRU-4 is a component of the AN/ALQ-172(V)2 Countermeasure Set (CMS) applicable to the US Air Force (USAF) Global Strike Command B-52H strategic bombers.

L3Harris Technologies Inc. is the only vendor with unique capabilities, experience, expertise, and relationships to satisfy the Government's requirements of the test program sets (TPS) for these highly specialized items.

L3Harris Technologies Inc. is the original designer and developer of the AN/ALQ-172 Countermeasures System. They are currently on contract for the AN/ALQ-172 redesigns of LRUs -1, 2, 4, 7, 8, 9, 10, 12, 21 and Radio Frequency Interface Unit (RFIU). The Government Furnished Equipment (GFE) accountable under contract FA8522-18-C-0001 required for the redesign effort and development of the TPS is located at L3Harris Technologies Inc.

The Government does not possess a full technical data package for the AN/ALQ-172(V) System.

A contractor must have access to the technical data and have extensive knowledge and expertise of the AN/ALQ-172 system in order to complete this effort. Due to the lack of completed functional/interface specifications between the LRUs, system knowledge and experience will be required in order to properly stimulate Radio Frequency (RF) and digital and analog signals between the UUTs. A vendor must have expertise on the ALQ-172 theory of operation, greatly above the knowledge of a generic radar or Circuit Card Assembly level expertise. L3Harris Technologies Inc. is the only vendor that possesses the knowledge and expertise of the redesigned AN/ALQ-172 Countermeasures System.

Harris Corporation is currently developing a Form Fit Function and Interface (FFFI) replacement for the LRU hardware. The development contract(s) will result in qualified prototypes and delivery of full Level-3 technical data package for each redesigned LRU. The Government will have full data rights to compete future acquisition of LRU production units.

The LRUs (LRU-1, 2, 4, 7, 8, 9, 10, 12, 21 and RFIU) are highly specialized to the AN/ALQ-172 system because the AN/ALQ-172 system provides Situational Awareness (SA) and Self- Protection (SP) capabilities to large aircraft such as B-52. This is a unique capability for the B-52 and C-130 aircraft defense against threats. The AN/ALQ-172 Electronic Countermeasures (ECM) System has been upgraded over the last 40+ years since its inception in the early 1970s.

The system architecture is comprised of three (3) subsystems, pulse (LRU-1 and 2), PD/CW (LRU-4 and 10) and antenna (LRU-7, 8, and 9), in order to meet its requirements with a significantly reduced number of LRUs. The small footprint of the system requirement resulted in a distributed processing architecture between the subsystems, each performing specialized functions while collaborating with other subsystems. Therefore, internal system interfaces, and other timing requirements between subsystems, LRUs and SRUs are critical factors for the proper integration and full operations of the system. Harris Corporation is the only vendor who has knowledge of the critical factors required to make the system fully operational.

Accordingly, L3Harris Technologies Inc. is the only firm capable of providing the production units described in Section III above without the U.S. Air Force experiencing substantial duplication in cost and unacceptable delays that is not expected to be recovered through reverse engineering the legacy unit.

VI. 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 Sources Sought (SS) / Request for Information (RFI) synopsis was posted to SAM.gov on 1 November 2023 with a response date of 16 November 2023 under Solicitation Number SPRWA1-24-R-MARSLRU-4. The SS/RFI requested responses from interested vendors that possess the expertise, capabilities, and experience to meet qualification requirements for this effort. No responses to the posted SSS were received from any potential sources/vendors.

The requirement will be synopsized in SAM.gov in accordance with FAR 5.201. It is anticipated that sources having an interest in subcontracting may be identified through synopsis. Any source who responds to the Government as a result of this synopsis will be identified to the prime contractor as a potential subcontracting possibility.

VII. Determination by the Contracting Officer that the anticipated cost to the

Government will be fair and reasonable.

The contracting officer will complete a price analysis, as well as a detailed cost analysis based on the submission of certified cost or pricing data to determine the price fair and reasonable.

Support from the Defense Contract Management Agency or the Defense Contract Audit Agency may be requested as appropriate to aid in evaluating the proposal.

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

The LRUs within the ALQ-172 are extremely specific and complex in their design and integration requirements. One major requirement of being successful in production of the MARS (Maintenance and Reliability System) LRU-4 is having the equipment and expertise to accomplish both build and acceptance testing of the assets. The cost and time involved in having another source acquire the equipment and develop the expertise would not be cost effective or feasible to meet the current mission need. The Government does not possess the data, facilities, or equipment to furnish a new source in order to accomplish this requirement.

Four (4) search methods were employed herein. The first method employed was review of the previous ALQ-172 MARS LRU production contracts to identify those vendors with potential technical expertise for accomplishing the production effort. This research technique is identified below as Contract Search by Resident Experts (CSRE).

(1) Contract Search by Resident Experts (CSRE):

A review of contracted efforts within the Air Force Supply Chain (AFSC) regarding previous ALQ-172 MARS LRU production efforts was conducted. The review identified only one potential source with direct MARS LRU-4 experience as well as expertise with both the legacy and MARS redesigned ALQ-172 ECM LRU Suites, L3Harris. This vendor is analyzed and discussed in the Vendor Survey section of this report.

(2) General Search by Resident Experts (GSRE):

The Integrated Product Team (IPT) has conducted on-going and continual research into the industry capabilities to support the ALQ-172. Market research efforts consisted of searching current contract databases, on-line databases and other Internet sources, and discussions with industry representatives and engineers with industry knowledge of the ALQ-172.

A general web search was accomplished to identify potential sources for the work effort, using variations of key terms "ALQ-172", "ALQ-172 LRU-4", "Radar Electronic Warfare Transmitter", "LRU-4 Countermeasures Transmitter", and "ALQ-172 LRU Production". Market Research web searches of http://www.gsaadvantage.gov, http://www.testmart.com, and http://www.thomasnet.com resulted in no additional identified potential sources of procurement.

The query key terms, in order, was "ALQ-172", "ALQ-172 LRU-4", "Radar Electronic Warfare Transmitter", "LRU-4 Countermeasures Transmitter", and "ALQ-172 LRU Production".

Searches utilizing the two (2) web search tools (SAM.gov and Google.com) yielded no additional potential sources of procurement.

The web page https://SAM.gov identified 5 solicitations/pre-solicitations in response to the search terms stated. The results reviewed did not identify any additional sources then the source already identified in the CSRE.

The google search identified approximately 14,588,500 total hits in response to the listed search terms. A majority of the hits provided lose or unrelated responses regarding experience with the ALQ-172 system or production of ALQ-172 LRUs. Many of the search results returned also pointed to existing contracts with L3Harris relating to efforts in support of development and/or sustainment and repair of the ALQ-172 system and associated components. The results reviewed did not identify any additional sources then the source already identified in the CSRE.

(3) Internet Dynamic Small Business Search (DSBS):

An Internet Dynamic Small Business Search (DSBS) was accomplished in order to meet the FAR prerequisites regarding identification of qualified small businesses that could potentially perform the work effort. [https://web.sba.gov/pro-net/search/dsp_dsbs.cfm] The DSBS database search started out with the general key term "ALQ-172" followed by "ALQ-172 LRU-4", "Radar Electronic Warfare Transmitter", "LRU-4 Countermeasures Transmitter", and "ALQ-172 LRU Production". There were no filters applied to the NAICS code so that the maximum number of hits would be identified.

A search using the web search tool DSBS was conducted in an effort to locate qualified small business sources that may not have been revealed in the two other search methods (CSRE and GSRE). Search outcomes yielded no additional potential sources of procurement.

(4) SS/RFI Responses:

SS/RFI SPRWA1-24-R-MARSLRU-4 was submitted to SAM.gov on 1 November 2023 and closed on 16 November 2023. No Responses were received from potential sources.

The LRU-4 does not fit the definition of a commercial item as defined in FAR Part 2.101. This item is defined as military unique and is not customarily used by the general public or by non- Governmental entities. The Government requires parts that meet an exact form, fit, and function as determined by the specific mission. There are no aircraft in the commercial market with the same or similar components.

The market research concluded L3Harris Technologies is the only vendor capable of fulfilling the Government’s requirement.

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

None.

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

None.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

The Government does not currently have a complete technical data package, but should receive one at the completion of the MARS LRU-4 redesign contract. However, even with that data available the Government does not have the test equipment or own the data to build the test equipment to complete acceptance testing and verify successful production of the redesigned legacy AN/ALQ-172 Countermeasures Transmitter LRUs (LRU-4). The Government will continue to pursue its request for data rights in the test equipment. Once redesign effort is completed, the complete technical data packages will enable competitive sourcing and organic repair opportunities for the lifetime of the redesigned LRUs.

XII. 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.

XIII. Certification by the technical/requirements personnel.

As evidenced by their signatures, supporting data that is the responsibility of technical or requirements personnel and which form the basis for this justification has been certified as complete and accurate by the cognizant technical or requirements personnel.