SBS0025_JA21-056 (20210510) Final) - Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting

Procurements under FAR Part 12 and FAR Part 15

Purchase Request Number: SBS0025

Contract Number: To be determined

Task/Delivery Order Number: Not Applicable

Procurement Title: 55th Electronic Combat Group (55 ECG) Airborne

Communications Service

Estimated Value: $ ($ including potential 6-month extension in accordance with FAR 52.217-8)

Statutory Authority: 10 United States Code (U.S.C.) 2304(c)(1) and FAR 6.302-1

Justification for OTFAOC Number: JA21-056

Upon the basis of the following justification, I, as Head of the Contracting Activity, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C. 2304(c)(1) and FAR 6.302-1/Defense Federal Acquisition

Regulation Supplement (DFARS) 206.302-1.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

(a) Requiring Agency:

55 ECG

5340 S Herky Boulevard, Building 220

Tucson, Arizona 85707

(b) Contracting Activity:

Defense Information Systems Agency (DISA)

Defense Information Technology Contracting Organization (DITCO)

Mobile Satellite Section (PL8221)

2300 East Drive, Building 3600

Scott Air Force Base, Illinois 62225

2. NATURE/DESCRIPTION OF ACTION(S):

This acquisition is to establish a firm fixed price contract with Viasat, Inc. (Viasat), a large business, for Viasat’s Global Broadband Services and private multi-protocol label switching

(MPLS) terrestrial backhaul in support of 55 ECG and EC-130H Compass Call aircraft.

Current year operations and maintenance funding will be used for this effort.

3. DESCRIPTION OF SUPPLIES/SERVICES:

SBS0025 – 55 ECG Airborne Communications Service – JA21-056

Page 2 of 7 Pages

55 ECG operates ten EC-130H combat-capable Compass Call aircraft supporting worldwide contingency operations. Reliable beyond line of sight (BLOS) communication is essential to maintaining situational awareness and effective mission accomplishment. Compass Call’s

BLOS communication system requires the use of Viasat’s Ku-band Spread Spectrum (KuSS) service and connection to the Viasat Global Network (VGN/VGNet). The weapon system does not support any alternative BLOS broadband connections due to the need for compatibility with the installed ArcLight VMBR-1500 modem. The contract will include four subscriptions

(simultaneous connections) of VGNet Ku Basic level service (providing up to 1 megabit per second (Mbps) for the forward link (FL) and up to 0.5 Mbps for the return link (RL)), with portability capability among all ten aircraft, as well as a private MPLS circuit for KuSS data forwarding to Compass Call Datalink Ground Station locations. Contingencies may require all ten Compass Call aircraft to connect to the VGNet; therefore, optional contract line items

(CLINs) will be included to support up to six additional subscriptions at the required service level (VGNet Ku Basic), as well as options to increase the capacity of the MPLS connections to support the increased number of subscriptions.

The period of performance is a 12-month base period, with four 12-month option periods and an

Option to Extend Services for up to six months in accordance with (IAW) FAR 52.217-8. The total estimated cost including all optional CLINs and option periods (excluding 6-month option

IAW FAR 52.217-8) is anticipated to be $ .

4. IDENTIFICATION OF STATUTORY AUTHORITY:

Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C. 2304(c)(l) (FAR 6.302-1/DFARS 206.302-1).

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Description of events.

The EC-130H weapon system was built to utilize KuSS for critical communications in combat operations. Aircraft technical data indicates that the KuSS Antenna Assembly has been part of the baseline weapon system since 2014. Dedicated airborne communications service for 55 ECG’s Compass Call aircraft was provided under a line item in delivery order FA862020F4772, awarded under single-award basic ordering agreement (BOA)

FA862015G4030 with L-3 Communications Integrated Systems (L-3). While the delivery order was awarded to L-3, 55 ECG’s communications service was provided by Viasat, Inc. because the BLOS communication system uses Viasat’s VGNet service as described above. The dedicated VGNet service subscriptions line item was established for period of performance June 1, 2020 through October 31, 2020. From November 1, 2020 through

January 31, 2021, partial mission requirements were met through an agreement with another Air Force Command.

Because the Fiscal Year 2020 National Defense Authorization Act (NDAA) assigned responsibility for commercial satellite communications services procurement to United

States Space Force (USSF), commercial satellite acquisitions must now be acquired through the (HQ) USSF’s Commercial Satellite Communications Office (CSCO). Thus, Page 3 of 7 Pages the airborne communications service requirement for 55 ECG was separated from the Big

Safari basic ordering agreement to be a standalone contract. HC101321P0003 (HQ USSF

CSCO tracking number SBS0031) was awarded January 29, 2021 to provide VGNet services for the period February 1, 2021 through May 31, 2021, pending award of this five year contract (HQ USSF CSCO tracking number SBS0025).

(b) Justification.

(1) Minimum Government requirements. 55 ECG’s minimum requirement is four subscriptions of VGNet using Ku Basic level service (providing up to 1 Mbps FL and up to .5 Mbps RL. The basic requirement for four subscriptions will support four aircraft simultaneously, with portability capability between the ten aircraft. Including optional line items for use in contingency, services will be provided for up to ten aircraft simultaneously, with only one aircraft able to use a single subscription at a time.

(2) Proposed sole source contractor. The proposed contractor for this effort is Viasat, Inc.

Viasat is the only provider of global coverage using the VR-12H antenna system installed on the EC-130H aircraft for satellite communications. The antenna is controlled only by the ArcLight modem, which is proprietary to Viasat. Future modifications to the aircraft include the VR-12C and an Inmarsat antenna system, but the current VR-12H is not expected to be fully phased out until 2026, and will be in use throughout the lifecycle of this contract. The VR-12C is also designed to work exclusively with the VMBR-1500 modem. Viasat has built a business model utilizing proprietary hardware equipment and communications waveforms that operate only with Viasat subscription services.

(3) Discussion regarding cause of the sole source situation. The 55 ECG’s EC-130H aircraft utilizes the VR-12H antenna with the ArcLight VMBR-1500 modem, which were installed in 2014. There is currently an effort to upgrade the VR-12H modems to VR-12C as the VR-12H is end-of-life and will no longer be supported by Viasat in the near future. The VR-12C is a similar form factor and does not require a Federal

Aviation Administration (FAA) Supplemental Type Certification (STC) on the EC-

130H in order to be utilized. An STC is a type certificate (TC) used when an applicant has received FAA approval to modify an aeronautical product from its original design. The STC, which incorporates by reference the related TC, approves not only the modification but also how that modification affects the original design.

The antenna is installed directly on the aircraft fuselage and sends and receives satellite signals via antenna controls provided by the proprietary ArcLight VMBR-

1500 modem. The Viasat ArcLight modem uses a proprietary waveform that is only compatible with the service provided through an ArcLight Hub. At this time, Viasat is the only vendor that provides a commercially-available service utilizing an

ArcLight Hub. In addition, the Viasat modem sends controls that operate the VR-12H and VR-12C antennas. The coding used to send communications between the modem and the antenna control unit is also proprietary to Viasat, making the entire radio frequency chain (antenna, antenna control unit, and modem) unable to be altered with equipment other than Viasat equipment. The combination of antenna and modem

Page 4 of 7 Pages restrictions locks the installed equipment for exclusive use by Viasat services. 55

ECG is unable to change the hardware on the EC-130H aircraft to anything besides the VMBR-1500 modem as this combined set of equipment was specifically designed to operate as part of the baseline weapon system. The procurement cycle baselines for

Compass Call weapons system upgrades to the EC-130H indicate that the VMBR-

1500 modem and VR-12H/VR-12C antenna system will be utilized through Fiscal

Year 2026, at a minimum. Baseline (BL) 2 represents current aircraft configuration.

BL 3 has an initial operating capability planned for FY 2023, and will begin transition of the Compass Call mission to the EC-37B aircraft, which utilizes the VMBR-

1500/VR-12C and an Inmarsat antenna system to provide communications. However, as there are ten EC-130H aircraft that cannot be replaced simultaneously, EC-130H aircraft with the VR-12H/VR-12C will remain in service until 2026; therefore, Viasat will remain the only responsible source for EC-130H through 2026.

(4) Impact. If Viasat services are not procured, 55 ECG will lack data communications, resulting in mission failure. Alternate data communications such as Inmarsat services are not viable options, as 55 ECG has determined that Inmarsat equipment in the EC-

130H aircraft causes electromagnetic interference with the Compass Call equipment.

Compass Call utilizes sensitive equipment to perform electronics attack;

electromagnetic interference results in diminished mission capability. Moreover, converting to a new solution would require government to procure new equipment and perform modifications to the fleet of aircraft, which would impose increased costs and unacceptable downtime for an out of cycle change in this aircraft communications system. Importantly, not procuring the required services through Viasat, Inc. will directly and negatively impact communications in combat operations.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES:

A synopsis for this action will be published on the Government-wide Point of Entry (GPE), as required by FAR Subpart 5.2. Sources Sought notices were posted in September 2019 and again in April 2021 to determine whether other sources exist to meet this requirement and the results are described in Section 8 below.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer will determine whether Viasat's proposed price is fair and reasonable prior to award. Other than certified cost and pricing data will be requested from the contractor at the time of solicitation. Contractor-proposed pricing will be compared to the independent government cost estimate and multiple other contracts for similar services. Based on this analysis, the Contracting Officer will determine whether the proposed price is fair and reasonable.

8. MARKET RESEARCH:

HQ USSF CSCO conducts regular market research that is kept current and has been performed in the last 12 months. This includes capabilities briefs with industry partners such as Intelsat, Page 5 of 7 Pages

SES Government Solutions, Inc., NIC4, Inc., and Viasat. Additionally, HQ USSF CSCO continuously reviews GSA Schedules and commercial catalogs, as well as reviewing awarded contracts for equivalent or similar services.

Also, as indicated above, a Sources Sought was posted in September 2019 for VGNet KuSS

Services. Three vendors responded: Intelsat General Communications LLC (FlexAir service plans), New Tech Solutions, Inc. (NTS), and Viasat. All responses were reviewed and it was determined that Viasat was the only responsible source and no other supplies or services would satisfy agency requirements based on the proprietary equipment suite installed on the aircraft.

A refreshed Sources Sought was posted April 2021 and Viasat submitted the only response, confirming its continued ability to provide the required services.

Evaluation of all market research conducted has verified that Viasat continues to be the only contractor able to provide the required services.

9. ANY OTHER SUPPORTING FACTS:

None.

10. LISTING OF INTERESTED SOURCES:

Intelsat General, New Tech Solutions, and Viasat expressed interest in the procurement through responses to the Sources Sought notice posted in September 2019, and Viasat again expressed interest through its response to the April 2021 Sources Sought notice. Analysis of these responses is described in Section 8, and as indicated, Viasat remains the only contractor able to provide the required services. As stated in paragraph 6 above, a synopsis will be published on the GPE, as required by FAR 5.201.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History:

(1) June 1, 2020 – October 31, 2020: FA862015G4030-FA862020F4772, delivery order under single-award BOA with L-3 Communications Integrated Systems (large business); period of performance listed is for the dedicated KuSS subscriptions for 55

ECG provided by Viasat, Inc. (a large business) via this delivery order.

(2) November 1, 2020 – January 31, 2021: partial mission requirements were met through a temporary agreement with another Air Force Command; services could not continue beyond January 31, 2021 (no standalone procurement).

(3) February 1, 2021 – May 31, 2021: HC101321P0003 – sole source award to Viasat, Inc. (large business).

(b) HQ USSF CSCO, as the office assigned procurement responsibility for commercial satellite communications, engages with industry on an ongoing basis (such as at the events noted in the Market Research section), and communicates with vendors upon request to learn about available systems. Consideration has been given to the possibility

Page 6 of 7 Pages of utilizing service other than the Viasat service; however, use of an alternative service would require replacement of equipment on the aircraft. As discussed in section 5(b)(3) above, BL3 includes transition from EC-130H to EC-37B aircraft for the Compass Call system, but BL3 will still utilize the ArcLight VMBR-1500 modem and VR-12C antenna system, proprietary to Viasat, along with an Inmarsat solution. At this time, it is anticipated that updates to the Compass Call under BL4 will replace current Viasat equipment with open architecture equipment. Market research will be conducted prior to exercising the option periods for this contract, and the results of this market research will be presented to the contracting officer to determine if exercising the option period(s) is in the best interest of the Government. Given ongoing evolution of the satellite industry and related technologies, along with the potential capability of future satellite infrastructure, HQ USSF CSCO and 55 ECG will consider other contractor antenna and modems for the

EC-130H and Compass Call weapons system should the capabilities, equipment, and funding for replacement, beyond those provided by BL3, become available during the period of performance of this contract.

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Christian M. Averett SIGNATURE: See separate signature page

TITLE/ORGANIZATION: Deputy Director/ 55th Electronic Combat Group, USAF

PHONE: 520-228-5152 DATE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: George M. Cundiff SIGNATURE: See separate signature page

TITLE/ORGANIZATION: Commander/ 55th Electronic Combat Group, USAF

PHONE: 520-228-9588 DATE:

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: Jennifer M. Jones SIGNATURE: See separate signature page

TITLE/ORGANIZATION: Contracting Officer; DISA/DITCO/PL8221

PHONE: 618-418-6379 DATE:

HEAD OF THE CONTRACTING ACTIVITY APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification for OTFAOC does not exceed $100M, this review serves as approval.

NAME: Douglas W. Packard SIGNATURE: See separate signature page

TITLE/ORGANIZATION: Head of Contracting Activity

PHONE: 301-225-4120 DATE:

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Jennifer M. Jones; (618) 418-6379; jennifer.m.jones265.civ@mail.mil.