SBS003523 - Exception to Fair Opportunity_Redacted.pdf

JA25-045 PLEO Task Order – AERO Tile Antenna and Service task order 3523

Page 2 of 6 Pages managed by the SSC COMSO. This is a Firm Fixed Price task order. The estimated ceiling is base plus in total options).

3. DESCRIPTION OF SUPPLIES/SERVICES:

This task order shall provide AERO Tile Antennas suitable for aircraft attachment and flight applications, specifically an aircraft-ready kit that includes all components and accessories necessary to mount, operate on-air, and connect into the user's network.

This task order shall also provide best-effort (no Committed Information Rate (CIR)) operational, packaged, PLEO broadband data transport services and Internet connectivity, with global coverage, for aeronautical/aviation users, and any ancillary services needed to complete the requirements. This includes equipment, reporting, and service management for each operational service.

4. SUPPORTING RATIONALE, INCLUDING A DEMONSTRATION THAT THE

PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE

ACQUISITION REQUIRES USE OF AN EXCEPTION TO FAIR OPPORTUNITY:

(a) Exception to Fair Opportunity. Only one awardee is capable of providing the supplies and services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

(b) Justification.

(1) Description of the Justification and discussion regarding cause of the sole source situation. Market research of the available offerings from current PLEO IDIQ contract holders shows that only one current PLEO contract holder can provide Tile Antennas required and suitable for use in an aviation application. After reviewing all terminal offerings available on the PLEO IDIQ, Space Exploration Technologies (SpaceX) is currently the only vendor that has the equipment that will ensure mission communication readiness for USAF ACC.

(2) Minimum Government requirements. This task order shall provide AERO terminal

Tile Antennas suitable for installation on aviation platforms, specifically an installation-ready kit that includes all components necessary to mount, operate on air, Page 3 of 6 Pages and connect into the user’s network. Mission partners are seeking a small, lightweight aviation aperture with approximately these size and weight specifications:

• Not to exceed 25 inches (64 cm) in any linear dimension

• Not to exceed 2 inches (5.1 cm) in thickness

• Not to exceed 25 pounds (11.4 kg) in weight

• Approximately 360W peak power consumption

The vendor shall also provide best-effort (no CIR) operational, packaged, PLEO broadband data transport services and Internet connectivity, with global coverage, for aeronautical/aviation users, and any ancillary services needed to complete the requirements. This includes equipment, reporting, and service management for each operational service.

(3) Proposed sole source contractor and demonstration of unique source. SpaceX is the only PLEO IDIQ vendor that can provide hardware and service meeting these requirements. Currently there are no vendors on the PLEO IDIQ that are authorized resellers of the service compatible with AERO terminal - Tile Antennas.

(4) Procurement discussion. Task order SBS003502, was the first task order awarded under PLEO IDIQ that included an AERO Terminal – full kit, similar in form, to the AERO terminal - Tile Antenna. SBS003502 included aviation apertures, service months of best effort services, and was posted as a fair opportunity amongst all PLEO IDIQ contract holders on August 17, 2023. The task order included aviation apertures and months of service. Market Research conducted from January - July 2023 yielded only one response, from SpaceX. On August 31, 2023, the task order was awarded to SpaceX, the only respondent that had aviation qualified PLEO terminals that met the requirements.

Task order SBS003518, an identical requirement for the AERO terminal - Tile Antenna, was posted competitively to all PLEO IDIQ contract holders on 08 November 2024. That task order was for aviation apertures and months of service. Only one response was received, from SpaceX. That task order was awarded to SpaceX on 19 November 2024. Recent market research performed in January and February 2025 has shown that no aviation qualified PLEO terminal that meets these requirements is available from any other source, including from vendors that are not PLEO IDIQ contract holders.

SpaceX is a PLEO IDIQ awardee and has historically provided same services. An award to SpaceX, the sole provider capable of meeting these requirements, is the only viable solution for the requirement. A task order awarded under the SpaceX PLEO IDIQ contract, HC101323D9000, is the recommended path to procure the required services and equipment.

Page 4 of 6 Pages

(5) Impact. Without this exception to fair opportunity, the timeline to award will be unnecessarily extended, causing the Mission partner to endure a longer period of time without the required services and equipment. The delay will reduce the mission readiness of military forces and increase risk to the government.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION:

Pricing will be determined fair and reasonable based on analysis and comparison of the established PLEO IDIQ contract pricing as well as contracts for the same or similar services.

6. MARKET RESEARCH:

Market research conducted in January and February 2025 of the available offerings from current PLEO contract holders found that only one current PLEO contract holder can provide terminals for use in an aviation application – the AERO terminal - Tile Antenna, from SpaceX. The only service authorized for use with this terminal is the Starshield Best Effort Unlimited (Aviation) service. No other IDIQ awardees offer a compatible service at this time that can utilize the AERO terminal.

The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions (i.e., similar products and/or product support in the marketplace that provides the same functionality, the original equipment manufacturer releases ownership rights of the product, or it is economically feasible to procure a new system).

7. ANY OTHER SUPPORTING FACTS: None

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

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Procurement History. A recent (November 2024) task order for identical requirements, specifically task order SBS003518, was issued competitively. Only one vendor, SpaceX, responded to the solicitation for SBS003518.

Market research confirms that only one PLEO vendor can provide terminals for use in an aviation application that meet the mission partner’s requirements. The market research and the single response received for task order SBS003518 confirms the following:

• The only PLEO vendor that can provide a complete aviation PLEO terminal kit that meets the mission partner’s requirements and includes all components and accessories necessary, is SpaceX. This terminal is the SS-7 AERO terminal Tile Antenna. At this

Page 5 of 6 Pages time no other PLEO vendor offers an aviation terminal or kit that meets the mission partner’s requirements.

• The only service that can be used with the SS-7 AERO terminal - Tile Antenna is the Starshield Best Effort Unlimited (Aviation) service provided by SpaceX. SpaceX is the only ID/IQ contract holder that provides this service.

(b) CSCO's PLEO team maintains continuous visibility of the PLEO SATCOM market through news tracking, industry contacts, and an open call for the on-ramping of offerings and offerors to the PLEO IDIQ. Aviation-qualified terminals are only available from one contractor at this time. Future on-ramping events allow qualified terminals and services to be added to the PLEO suite of equipment and services. This will allow an opportunity for future task orders to be conducted without an exception to fair opportunity.