Redacted Phase 0 Signed JA.pdf

Controlled Unclassified Information

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. Agency and Contracting Activity.

This Justification and Approval (J&A) is to request authority for Other Than Full and Open Competition (OTF&OC) to support requirements generated for the Air Force Life Cycle Management Center (AFLCMC/WLS), C-5 Super Galaxy Division. The contracting activity responsible for this acquisition is AFLCMC/WLSK. The Planning Purchase Request (PR) number supporting this contracting action is F4FDCR0310A101.

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

Due to the circumstances described herein, the activity requests authority to acquire the services and data listed (designated as Phase 0) in this document using (OTF&OC) as prescribed by Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies and Services Will Satisfy Agency Requirements.” This action will result in a new contract award, which will be a Firm-Fixed Price (FFP) and Not Separately Priced (NSP), C-type contract, with a 7-month Period of Performance (PoP). The period of performance of the contract is projected to be from 22 March 2021 to 21 October 2021. This contract will have an extension of services clause 52.217-8 as an option if further services are required beyond the initial PoP. The timeline for this requirement is contingent upon the competitive procurement of prototype hardware (multi-function displays and graphics processing units) using Other Transaction Authority (OTA), which is scheduled to award 09 February 2021. Additionally, this contract action is in support of the Engineering and Manufacturing Development (EMD) contract that will award tentatively in October 2021. The EMD J&A received Program Executive Officer (PEO) approval on 02 December 2020 for Sole Source award to the below prime contractor that will performing the services for this effort.

The sole-source requirement will be purchased from the following company:

Lockheed Martin Corporation Doing Business As: Lockheed Martin Aeronautics (LMA) 86 South Cobb Drive Marietta, GA 30063-0001 Commercial and Government Entity (CAGE) Code: 98897 Large Business

III. Description of supplies/services required to meet agency needs (including the estimated value).

Engineering and technical consulting services for the Replacement Multifunctional Controls and Displays (RMCD) prototype phase to reduce program risk and as a part of a larger Agile RMCD Development Team consisting of AFLCMC/WLS C-5 System awarded to LMA as a sole source contract, tentatively in October 2021 approved as part of the Acquisition Strategy held 27 March 2020.

The prototype phase of the program is the foundation upon which the EMD program is built and the success of the EMD program is reliant upon a technically thorough evaluation of the ability of the new architecture and specific components to meet applicable legacy requirements as well as current and future airworthiness and mission requirements. LMA is able to provide the following engineering and technical consultation experience and expertise to establish a viable solution to enable an executable program:

Avionics Engineers – LMA has avionics hardware/systems engineers who have been instrumental in the successful development, integration, fielding and support of the C-5M head down displays from the displays system inception at the beginning of C-5 Aviation Modernization Program (AMP). Those specific engineers will be made available to support the RMCD Phase 0 effort. The LMA engineers have the necessary C-5 specific expertise, history and aircraft integration experience to enable the USG to accomplish the requisite thoroughness of the assessment of the prototype hardware, software and architecture to ensure a successful EMD program.

Software Engineers – LMA has software/systems engineers who have been instrumental in the continued maintenance of the core processing and displays hardware on the C-5 AMP and C-5M platforms. Those specific engineers will be made available to support RMCD Phase 0 effort. Their expertise will be instrumental in assessing, and adjusting if required, the overall software architecture and implementation approach that will be required to ensure the RMCD EMD program is successful.

Airworthiness Engineers – LMA has Airworthiness and Safety Engineers who have supported efforts on multiple recent C-5 reportable modifications (e.g., Core Mission Computer/Weather Radar (CMC/WxR), Communication, Navigation, Surveillance/Air Traffic Management (CNS/ATM). Their experience in working with the SPO and the Airworthiness Authority at Wright Patterson Air Force Base on these recent programs makes them an invaluable resource with respect to ensuring that the RMCD architecture, hardware and software definition will meet the airworthiness criteria.

Human Factors and Flight Operations – LMA has Human Factors engineers that were intimately involved in the original qualification of the display system and understand the crew system design aspects of the current display system. LMA has Flight Crew personnel who have extensive experience flying the C-5M aircraft and have participated in the flight test programs since C-5 AMP. LMA’s combined Human Factors and Flight Crew experience make LMA uniquely capable of guiding the development of the RMCD architecture to minimize the impact to flight operations and crew training while preserving the existing endorsements for the Primary Flight Display functionality.

Additionally, The LMA Corporation is the only source with the background and knowledge of the current C-5 Operational Flight Program (OFP) baseline. Also, they possess Restricted Rights to the C-5 core processing source code and documentation, Limited Rights to the hardware data for the Versatile Integrated Avionics/Avionics Interface Unit (VIA/AIU), and multiple developmental and test benches necessary to support an EMD effort.

Award to any other source would result in a schedule delay as a new company would experience a lengthy period of trial and error before receiving Governmental approval, prior to submission of a prototype and being capable of providing engineering and technical consulting services. This would not only cause a delay to the schedule, estimated to exceed 12 months, but would additionally be a duplication of effort, as the requirements for the prototype can be accomplished by not only a company with the experience but also being the OEM. This estimated 12 month delay in of itself is not expected to be recovered through competition. It is in the best interest of the Government to move forward with LMA in fulfilling this requirement for the United States Air Force.

Accordingly, LMA is the only firm capable of providing the requirements described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.

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) synopsis was posted to beta.SAM on 02 October 2020 with a response date of 16 October 2020 under Solicitation Number FA8525-21-R-PHASE0.

The SS requested responses from interested vendors that possess the expertise, capabilities, and experience to meet qualification requirements for this effort. Four (4) vendors responded to the SS. Three (3) vendors (Appddiction Studio, Astronautics, and FUTUREGENROBOTICS LLC) were evaluated for their capability and determined to be incapable based on experience with C-5 specific proprietary displays software and or no experience with integration of software onto avionics aircraft platforms. The fourth vendor (Lockheed Martin Aerospace) was also reviewed and was deemed capable based on the services offered and platform experience with aircraft legacy system, interfaces, and capability of partnering in an agile software environment.

The requirement was synopsized via a Sources Sought in beta.SAM.gov in accordance with FAR 5.201. It was anticipated that sources having an interest in subcontracting may be identified through the synopsis. All sources who respond 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 contractor will be required to provide data other than certified cost or pricing data, to be used to support the Government's evaluation of the proposed cost. The proposed skill mix of labor, labor hours, types/quantities of materiel and other direct costs, direct and indirect rates, and other elemental components of the proposal will be negotiated by the Government based on recommendations from the Defense Contract Management Agency (DCMA) and expert technical personnel supporting the program. The contract price will be negotiated in accordance with the procedures in FAR Part 15 ensuring the ultimate cost to the Government is fair and reasonable.

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

In accordance with FAR 10.001 and 10.002, Market Research was conducted via beta.SAM.gov with an opening period of 02 October 2020 through 26 October 2020.

The market research techniques used are as follows:

As described in Section VI above, a SS was posted to beta.SAM.gov on 02 October 2020 under FA8525-21-R-PHASE0. It was submitted to industry under Product Service Code (PSC) R425 - SUPPORT- PROFESSIONAL: ENGINEERING/TECHNICAL, and NAICS Code 541330. It was posted identifying that this effort will be to provide engineering and technical consulting services for the RMCD prototype phase as a part of a larger Agile RMCD Development Team consisting of AFLCMC/WLS C-5 System Program Office (SPO) personnel, 402nd Software Engineering Group (SWEG) personnel, and a third-party hardware supplier who is producing prototype RMCD hardware and software through a separate rapid acquisition program.

Four (4) companies responded to the SS by the 26 October 2020 deadline. Three (3) out of four (4) companies were deemed incapable as they do not have experience with any aircraft platforms and/or modification experience required for RMCD prototype development Phase 0 analysis. Company number four (4), LMA, has experience with C- 5M aircraft platforms, the proprietary legacy interfaces, software and or modification experience analysis the USG requires for this effort.

A SBA Dynamic Small Business Search (DSBS) query was conducted utilizing the SBA DSBS Quick Market Search tool using North America Industry Classification System (NAICS) code 541330 with keyword “Agile Software.” This query produced 378 potential vendors. A random 20% sampling of each of the categories listed below were reviewed and evaluated.

Economic Group Number of Firms Found Currently SDB Certified 8 Woman or Women Owned 86 Currently HUBZone Certified 64 Service-Disabled Veteran 56

Veteran 68 Currently 8(a) Certified 96

Based on sampling from each category it has been determined that none of the potential small businesses are capable to provide the engineering analysis and agile software partnering personnel to fit the government requirement at this time.

The engineering services required for this effort does not fit the definition of a commercial service as defined in FAR Part 2.101. The services required are bound by a Specifically Negotiated Licensing Agreement (SNLA) and experience associated with a military unique aircraft and is not customarily used by the general public or by non- Governmental entities.

The market research concluded LMA is the only vendor capable of fulfilling the Government’s requirement due to the unique experience with proprietary software, legacy system experience, platform specific engineering services required, and SNLA partnering determination.

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

The C-5 Avionics Modernization and Reliability Enhancement and Re-Engining programs were competed as Total Integrated System Performance Responsibility on the contractor. This led to the use of predominantly commercial items and resulted in the Government having less than Government-purpose rights. Furthermore, a SNLAwas signed on 31 May 2016 between LMA and the Government further clarifying that the United States Government (USG) does not have sufficient rights for the data required for this program. In addition, the SNLA provides that the Government cannot develop or create “derivative works” except for in certain situations, utilizing certain data, In Accordance With (Special License Rights Restrictive) and Category V (Special License Rights Partnership). Each of these categories limits the USG’s ability to create derivative works. Category IV data does not permit USG to create derivative works and Category V only permits derivative works through partnership with LMA. As determined by a legal review performed by RAFB legal office on 15 January 2020, the Government is required to partner with LMA for software integration, eliminating the opportunity for other than full and open competition.

X. List of any sources that 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 Lockheed Martin, the Government will continue to negotiate/contract for Government Purpose data rights from LMA via the SNLA in order to compete future modifications. Furthermore, a requirement to upgrade the Core Mission Computer (CMC) is currently in production.

The future software architecture of the CMC is being developed in a manner that leverages nonproprietary technologies to foster competition when integrating future modifications into the C-5M.

Additionally, the Government has already removed barriers to competition to the greatest extent possible for this specific program. The program utilized an Other Transaction Authority procurement effort to reduce the amount of LMA's involvement in the modification to spur additional competition within the defense industrial base. The Government has also established a robust data rights strategy in the RMCD EMD effort to ensure any efforts on LMA’s part would not degrade the already competitive nature of the specific RMCD hardware procured under the OTA.

XII. Certification by the Contracting Officer.

As evidenced by my signature on the Coordination and Approval Document (CAD), I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) on the CAD, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.