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Controlled Unclassified Information

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 supporting requirements generated for the United States Air Force (USAF), Air Force Life Cycle Management Center (AFLCMC)/WNY. The contracting activity for this requirement is AFLCMC/WNKC. The purchase request number supporting this contracting actions is F3QCBV0163A104.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

Due to circumstances described herein, the activity request authority to acquire engineering services listed in the document using Other Than Full and Open Competition as prescribed by FAR 6.302-1, Only One Responsible Source and No Others Supplies or Services Will Satisfy Agency Requirements. This action will result in an award of a follow-on contract, which will be a Cost Plus Fixed Fee (CPFF)/ Cost Reimbursement No Fee (CRNF), Requirements Indefinite Delivery Contract (IDC) type contract with a basic one-year plus four (4) one-year ordering periods. Based on the anticipated award date, orders can be issued from 26 September 2021 to 25 September 2026.

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

Raytheon Corporation 2501 West University Drive McKinney, Texas 75071 Cage Code: 96214 Large Business

This Requirements IDC will be awarded as a Single Award Task Order/Delivery Order Contract based on FAR 16.504(c)(1)(ii)(B)(1) in which this J&A provides supporting rationale.

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

This requirement is to acquire Sustainment and Engineering (SE) technical services for the USAF post-production sustainment of the AN/AAQ-13 LANTIRN Navigation Pod, Terrain Following Radar (TFR) system. These services are required to support the Precision Attack System Program Office (PASPO) engineering efforts. These services include: Class I Engineering Change Proposals (ECP), Prime Mission Equipment (PME) Line Replaceable Unit (LRU) sustainment analysis and reporting, maintenance analysis and support of repair process, and technical services to support future LANTIRN analyses and planning by Air Force Materiel Command (AFMC) and the Precision Attack System Program Office (PASPO).

A Sources Sought (SS) / Request for Information (RFI) synopsis was posted to beta.SAM.gov on 26 Mar 2020 with a response date of 30 Apr 2020 under Solicitation Number FA8540-20-R- 0099. The SS/RFI requested responses from interested vendors that possess the expertise, capabilities, and experience to meet qualification requirements for this effort. There were zero

(0) vendors that responded to the SS/RFI.

The requirement will be synopsized 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 overall cost of this acquisition will be fair and reasonable to the Government. In accordance with FAR 15.403-3, the Contracting Officer will require the submission of other than certified cost or pricing data. Price analysis or cost analysis based on “information other than certified cost or pricing data” will be used to examine and evaluate the proposed prices to determine fair and reasonable pricing. Price analysis techniques include comparison of proposed prices to historical prices paid for a same or similar item; comparison with published price lists, offered catalog prices and prices obtained through market research for a same or similar item;

comparison of proposed prices with independent Government estimate; or analysis of data other than certified cost or pricing information.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR A STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

Market research was conducted during 09 Jan 2020 and completed on Apr 2020 in accordance with FAR Part 10.001 and 10.002. The market research techniques used are as follows:

As described in Section VI above, a SS/RFI was posted to beta.SAM.gov advising industry of the pending acquisition and soliciting inquiries from interested vendors. The SS/RFI was posted on 26 March 2020 under Solicitation Number FA8540-20-R-0099. No vendors responded to the

SS/RFI.

The initial research was accomplished through internet databases and office knowledge, which provided a starting group of some companies who might be considered capable of satisfying the contract requirements. A search was performed on System for Award Management (SAM) (https://sam.gov/SAM/) (formerly CCR) for the OEM’s CAGE (96214) and was reviewed to find any applicable North American Industry Classification System (NAICS) (http://www.census.gov/eos/www/naics/) code listings that were applicable to the item being researched (the OEM is a large company and therefore conducts business in many areas) Dynamic Small Business Database (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm) was searched centered on the NAICS code for engineering services (334511). The NAICS code search for 8(a)

Certified or 8(a) Joint Venture, Small Disadvantaged Business and HUBZone certification resulted in no small businesses being identified.

Internet site queries include the following: www.thomasregister.com, www.eem.com, www.bigyellow.com, www.yahoo.com, using key words searches such as “LANTIRN TFR repair” and “LANTIRN TFR spare parts” as well as the national stock numbers, LANTIRN, LANTIRN TFR parts replacements and Laser Transmitter Receiver (LTR). Alternate suppliers were reviewed for previous diagnostic and repair history their company possessed for trouble shooting and repairing LANTIRN Pods. No suppliers other than Raytheon, was found that is qualified to provide LANTIRN Navigational pod radar subsystems engineering support and sustainment. No commercial sale of this item exists as this weapon system is used solely for military applications.

The TFR 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 Raytheon 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 SOURCESTHAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION

SEE SECTION VI ABOVE

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

While the current market research indicates a sole source environment for the LANTIRN Navigation Pod TFR, the Government will continue to engage with the OEM to determine the feasibility of procuring the TDP.

The plan to break barriers to competition in the prior J&A was to continue engaging the OEM on selling the TDP to the Government. That plan was executed but the OEM continues to decline to sell the TDP to the Government.

Another plan that was executed was the Government’s request for the OEM to optimize the use of industry’s best practices and maximize the use of Commercial-Off-The-Shelf (COTS) items.

The Government has held several meeting with Raytheon Corporation to discuss their obsolescence plan going forward and verify that COTS items are being bought whenever possible. The availability of COTS items ensures the Government has options to present to the OEM that some LRUs can be repaired using commercial items instead of a specially manufactured part by the OEM. It has been determined that Raytheon Corporation has maximized the usage of updated commercial practices and their COTS programs when suitable products are verified. Subsequently, this approach has allowed Raytheon Corporation to provide continuous stellar support to the Government.

Based on fulfillment of the prior plan, the current J&A does not require higher level approval in accordance with DFARS PGI 206.304(a) (S-70) (ii).

XII. CONTRACTING OFFICER’S CERTIFICATION

As evidenced by my signature, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by my (our) signatures, I (we) have certified that any supporting data contained herein which is my (our) responsibility, is both accurate and complete.

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