Redacted - SNC JA 16-1141 Amend-2.pdf

CUI

United States Special Operations Command (USSOCOM)

Justification and Approval (J&A 16-1141) for Other than Full and Open

Competition Special Operation Forces (SOF) Counter Radio-Controlled Improvised Explosive Device (RCIED) Electronic Warfare

(CREW) Family of Systems (FoS), Dismounted [SOF CREW FoS, Dismounted]

H92222-17-D-0023

Amendment 02

28 July 2022

CUI – J&A No. 16-1141 AMD 02

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

Authority: (10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1)

Type J&A: (Individual or Class )

PEO: SOF AT&L-SW/Program Management Counter Proliferation

Total Estimated Contract Cost (including options): $410,000,000.00

J&A Basic Value: $205,000,000.00

J&A Amendment 01: $410,000,000.00

J&A Amendment 02: A contract extension is required for J&A 16-1141, to continue Logistics and Engineering Support for USSOCOM, United States Army (USA), United States Marine Corps (USMC) and other governmental agencies. The estimated Contract extension will not exceed the current $410M ceiling. The estimates are provided in Table 1.

J&A No.

16- 1141

AMD 02

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

No Change

2. Description of Action: (FAR 6.303-2(b)(2))

This Amendment to Justification for Other Than Full and Open Competition J&A No 16-1141 Amendment 02 is requested to increase the Period of Performance (POP) on the current five (5) year Indefinite Delivery/Indefinite Quantity (IDIQ) Contract ending 17 September 2022. USSOCOM SOF AT&L PEO-SW PMCP is requesting three-year IDIQ extension to support current Modi systems until PMCP next generation systems are fielded in the FY 2025 timeframe, extending until 17 September 2025. Initial Contract IDIQ H92222-17-D-0023 award included SOCOM and multiple services to benefit all with economy of scale buy. SOCOM reached FOC FY22 on this contract with no plan to procure any additional systems. Other services created their own contracts with OEM for procurement. Only ceiling required for contract is for engineering, sustainment, and spares.

Approximately $300M has been obligated against the ceiling thus far.

Table 1. Estimated Funding for Life of Contract ($Millions)

USSOCOM is the only service that has an active contract for this version of the Modi.

USSOCOM anticipates the need for modernization efforts to keep up with future requirements. Due to Modi Systems being developed by Sole Source provider (Sierra Nevada Corp) with resident proprietary knowledge, it is determined that award to any other vendor besides SNC will be cost and schedule prohibited. SOCOM PMCP will require continued Engineering and Logistical support for repairs/spares and Software/Firmware updates to defend current and emerging threats. Additionally, USSOCOM intends to own/manage the Modi hardware and software configuration baseline through the lifecycle of the system.

Current budgetary estimates identified in Table-1 will support fielded Modi systems throughout the life of this contract extension. These estimates do not account for any unforeseen threats and surge in requirements. A 25% management/risk factor was applied to this forecast to accommodate unknown operational requirements, Combat Mission Needs Statement (CMNS), Joint Urgent Operational Need Statement (JUONS), Urgent Deployment Acquisitions (UDA) and other un-forecasted requirements to arrive at the revised J&A extension.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

The contract extension is required to provide Engineering and Logistical support for the Modi electronic countermeasure (ECM) system in support of USSOCOM, USA, USMC and

OGA.

The estimated contract extension usage amount of $18.5M was derived from the estimates provided in Table 1 in Section 2 above, more specifically as follows:

1) $3.15M for RDT&E costs, including engineering of advanced techniques (software development) and loadset development.

2) $15.19M over a three-year period for Life Cycle System Management. This includes depot level repair and maintenance, spares, and training required to sustain both USSOCOM and USA Modi systems.

3) 25% management factor for unknown/surge requirements that have historically emerged through CMNS, UDAs, JUONS, and other un-forecasted operational

TABLE 1. Estimated Funding for IDIQ Extension ($Millions) $Millions FY22 FY23 FY24 FY25 Total

USSOCOM RDT&E $0.15 $1.00 $1.00 $1.00 $3.15

USSOCOM PROC SYS

USSOCOM O&M $1.79 $4.50 $4.30 $4.60 $15.19

Total $1.94 $5.50 $5.30 $5.60 $18.34 requirements. For example, in the last 18 months 15% of USSCOM’s dismounted systems were fielded via CMNS. Additionally, we anticipate a surge in requirements could emerge from the proliferation of Unmanned Aerial Systems and fifth generation (5G) cellular networks.

4. Authority Cited: (FAR 6.303-2(b)(4))

No Change

10 U.S.C 2304(c)(1), Only One Responsible Source and No Other Supplies or

Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

In accordance with FAR 6.302-1, no other responsible source will satisfy agency requirements with the available technical data without incurring substantial duplication of cost that is not expected to be recovered through competition.

As of January 2018, USSOCOM’s Capabilities Production Document (CPD) for Counter Radio Controlled Improvised Explosive Devices, Electronic Warfare (CREW) requires that SOCOM field a total of 1095 dismounted ECM systems. Continued Engineering and Logistical Support will enable SOF operators to counter current and future threats.

To control costs and expedite fielding of critical ECM capability to the operator, USSOCOM did not procure detailed system design data or re-procurement data packages for the critical electronic circuitry and computer software of the Modi system.

USG has spent millions on the continued development of the Modi system to incorporate advanced capabilities peculiar to Special Operations Forces. The USG has Unlimited data rights for all elements of the continued development, however, without the underlying critical hardware and computer software elements, the Government lacks a complete data package to provide to industry. Without data rights to the critical functions of the current inventory of CREW systems, any contract with another vendor would require significant duplication of costs. Specifically, an alternate company would be forced to reverse engineer all hardware and completely re-author all system software and firmware before being able to perform even basic sustainment and upgrade functions. As the OEM with the asserted data rights for the critical system functions, SNC is currently the only source capable of the sustainment, modification, and upgrades to these systems.

There is significant cost avoidance associated with a “pure-fleet” support strategy.

Continuing to support the Modi system as the single USSOCOM dismounted ECM system (pure-fleet) will avoid duplicative costs in operations, and sustainment.

Operational Tactics, Techniques, and Procedures (TTPs) are fully developed and implemented, and system specific loadsets are in service to maximize effectiveness against known radio-controlled improvised explosive devices (RCIED). Modi system/parts provisioning, cataloguing, and spares procurement have been established for sustainment at the operational, intermediate, and depot levels of maintenance.

There have also been additional resource investments in Modi operations and training manuals, test equipment, and ancillary items. USSOCOM’s ability to consolidate operations and support efforts through a pure fleet avoids the significant costs associated with adding other dismounted ECM systems to the portfolio.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

A notice of intent to sole source was posted on SAM.gov website on 7 July 2022 to support Amendment 02, for the 3-year extension. No responses were received resulting from that posting that had a suspense date of 22 July 2022.

7. Market Research: (FAR 6.303-2(b)(8)).

Market research was conducted and it was determined that there is only one other man-portable ECM system in production at this time. The JCREW I1B1 dismounted system, a version of the Northrop Grumman Freedom 240, is akin to Modi in form and function. The I1B1 does not meet mission requirements for spectrum coverage and advanced special purpose techniques. Further, it is still undergoing operational testing and not fielded.

8. Other Authorities/Factors: (FAR 6.303-2(b)(9))

No Change

9. Interested Sources: (FAR 6.303-2(b)(10))

No interested vendors, REF Section 6.

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C.

552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days.

Information selected for removal will be highlighted in yellow much like this statement so that signature authorities will know what information will be removed after approval, before posting.

10. Technical and Requirements Certification: (FAR 6.303-2(c))

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief:

NAME: _COL Anh Ha TITLE: Program Executive Officer

Special Operations Forces Warrior Systems

Digitally signed by

HA.ANH.H.1092277794 HA.ANH.H.1092277794

SIGNATURE: Date: 2022.08.11 08:23:00 -04'00' DATE:

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This will be accomplished through the use of cost analysis, price analysis, with technical assistance from the Defense Contract Management Agency, and audit assistance from the Defense Contract Audit Agency,as applicable. For efforts over $2M, certified cost or pricing data will be required.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12. Contracting Officer Certification: (FAR 6.303-2(b)(12))

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

NAME: _Christina McMurtry TITLE: Contracting Officer, SOF AT&L-KP_

MCMURTRY.CHRIST Digitally signed by

MCMURTRY.CHRISTINA.M.113962

SIGNATURE: INA.M.1139628183 8183 DATE: Date: 2022.07.29 07:30:37 -04'00'

13. Legal: SOFARS 5601-1

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

NAME: Susan Colarco TITLE: Attorney-Advisor (Acquisition)_

COLARCO.SUSAN. Digitally signed by

COLARCO.SUSAN.MARIE.10259075

SIGNATURE: MARIE.1025907597 97

2022.07.29 08:19:37 -04'00' DATE:

Date:

14. Agency Advocate for Competition (AAC):

I have reviewed this document and find the J&A adequate to support other than full and open competition:

NAME: _Charles E. Bright TITLE: Agency Advocate for Competition

BRIGHT.CHARLE Digitally signed by

BRIGHT.CHARLES.E.1230093896

SIGNATURE: S.E.1230093896 Date: 2022.08.12 12:51:18 -04'00' DATE:

15. Approval: (HCA Over $13.5M to $93M or SPE Over $93M )

Based upon the foregoing justification, I hereby approve the continued acqusition, RDT&E, and sustainment of Modi systems in a total of $410,000,000.00 (same amount as of Amendment 1) for an additional three years. The requirement will be executed under ID/IQ H92222-17-D-0023 on an other than full and open competition basis. The action(s) pursuant to this J&A are subject to the availability of funds and the completion of all required statutory and regulatory reviews and approvals.

NAME: James H. Smith TITLE: Senior Procurement Executive

SMITH.JAMES.HENR Digitally signed by

SMITH.JAMES.HENRY.1028798756

SIGNATURE: Y.1028798756 Date: 2022.08.16 16:33:57 -04'00' DATE:

NOTICE 2

POST APPROVAL REQUIREMENT: IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009, this J&A will be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days. Prior to posting, previously identified proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, that has been identified IAW Notice 1 via yellow highlighting, will be removed in order to create a document that is no longer classified as “for official use only” and is thus, appropriate for public release. Follow the guidance found in the DCG for the redaction procees prior to public release.

Attachments:

1) J&A 16-1141 Dated 15 March 2017

2) J&A 16-1141 Amend 1 Dated 20 May 2019