SAAB_CLS_-_JA_-_FBO.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Saab CLS

(1) Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition”.

This is Justification and Approval for Other Than Full and Open Competition at the request of the Bureau of Diplomatic Security (DS), Security Technology, Protective Technology (DS/ST/PT), to continue logistical deployment and replacement of critical spare parts and associated activities that support the two Giraffe Agile Multi-Beam (GAMB) radars.

(2) Nature and/or description of the action being approved.

The S&W program has fielded a Sense and Warn system which utilizes GAMB radars. This justification is for the award on a sole source basis for the continued Contractor Logistics support (CLS) package for one base and four option years. The Department of State DoS continues to require the same services to support both GAMB radars to continue functioning at a high daily-operational rate for the next five program years. This justification is for a 5 year single award IDIQ contract on a sole source basis.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The Bureau of Diplomatic Security requires continued maintenance, and other logistical support to include the deployment and replacement of spare parts of the Department’s existing SAAB radar systems after the expiration of the current task order on December 23, 2015. These spare parts and components of the Radar system would be provided by Saab and would be ready and available immediately in the event the part or component is needed. In addition, optional services such as repair and operator training, analytical software diagnostics, and limited instances of engineering services may be required over the course of the ordering period.

In order for the DoS to be able to continue to operate this system as urgently as required and to provide reliable operation of critical capabilities, a sole source contract be initiated with the incumbent Saab. The estimated amount for the base year and four option years is not to exceed $30,000,000.

(4) An identification of the statutory authority permitting other than full and open competition.

This Justification and Approval cites the statutory authority 41 U.S.C. 3304(a)(1). The authority under Federal Acquisition Regulation (FAR) is Part 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The original equipment manufacturer (OEM) is the only manufacturer of the spare parts required for maintenance and provider of training on the GAMB system. There are no other commercial experts as to the function and troubleshooting of technical problems with the GAMB radar or its component parts. For an entity other than the OEM to accomplish this work, line replaceable parts and units would have to be procured from the OEM via third party, or an extensive reverse-engineering would have to be undertaken by a third party. There are proprietary parts and design that are solely manufactured/engineered by Saab. In addition, the time to develop expertise sufficient to provide efficient and timely assistance to highly qualified maintenance technicians of the GAMBs would not satisfy DOS requirements for immediate support. Neither of these potential solutions is cost effective nor in the best interest of the government.

The Giraffe AMB radar is solely manufactured and sold by Saab. Therefore, Saab is the only vendor capable of providing supply and maintenance assistance for this unique radar system.

This development would require detailed knowledge of existing architecture, hardware configuration items, computer software configuration items, and software coding composition.

At the current time, this detailed level of knowledge is only possessed by the OEM.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

This contract action was synopsized through Fedbizopps on 10/09/2015 which was more than 15 days prior to the issuance of the solicitation for this requirement in accordance with FAR 5.204 and FAR 5.203.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

This contract action requires a cost analysis in accordance with FAR 15.404-1(c) to determine fair and reasonable pricing. This action will be made only after a fair and reasonable determination is made by the Contracting Officer. Some cost analysis techniques applicable to this include a verification of cost data, an evaluation of the offeror’s current and future costs, and a comparison of different cost elements with other cost elements or other techniques.

(8) A description of the market research conducted and the results or a statement of the reason market research was not conducted.

Market research is limited to the only company capable of performing the proprietary work.

(9) Any other facts supporting the use of other than full and open competition.

N/A

(10) A listing of the sources, if any, that expressed in writing, an interest in the acquisition.

N/A

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

At the present time, DS plans no follow on acquisitions within the projected timeframe of the proposed contract.