SLS JA _FINAL_redacted_Redacted v9_Redacted.pdf

J&A Number: 18-0214

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

IN REPLY REFER TO:

UNUSUAL AND COMPELLING URGENCY

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Lakehurst, NJ

2. Description of the Action Being Approved.

This justification and approval authorizes and approves a twelve-month Cost Plus Fixed Fee contract for the development and test of the Expeditionary Airfield (EAF) Category I (CAT-I)

Instrumented Flight Rules (IFR) and Visual Flight Rules (VFR) Approach Lighting System on a sole source basis to fulfill an urgent United States Marine Corps (USMC) requirement. The requirement for this ACAT IV program is to both (1) increase the capabilities of the EAF

Legacy Hardwired Lighting System by upgrading its approach lighting subsystem to meet the requirements for CAT-I IFR and VFR operations as detailed in the Sustainment Lighting System

Capabilities Development Document (SLS CDD) and (2) replace equipment that has reached its end of life. This directly supports the EAF Headquarters Marine Corps requirement for airfield lighting systems to support the Marine Air Ground Task Force (MAGTF) mission. This is an intended sole source award to Astronics DME, Fort Lauderdale, FL (CAGE 55827).

3. Description of Supplies/Services.

The scope of this effort is to design, develop and test a CAT-I IFR and VFR approach lighting system. The system will consist of a Light Emitting Diode (LED) based Medium Intensity

Approach Light System with Runway Alignment (MALSR) subsystem, a Runway End Identifier

Lights (REIL) subsystem and an accompanying constant current regulator (CCR) to provide power and control. A MALSR, when used with associated EAF Legacy Hardwired Lighting

System equipment, will meet the minimum requirements for supporting CAT-I Precision IFR

(200-ft ceiling, ½-sm visibility) operations. A REIL, when used with associated EAF Legacy

Hardwired Lighting System equipment, will meet the requirements for supporting VFR (1000-ft ceiling, 3-sm visibility) operations. Additionally, in certain configurations, a REIL will also meet the minimum requirements of supporting Non-Precision IFR (250-ft ceiling, 1-sm visibility) operations. The LED-based MALSR and REIL will emit both visible and infrared light to be compatible with both degraded meteorological visible and night vision device (NVD)

-aided conditions. This solution will solve ongoing obsolescence issues associated with incandescent and xenon lamps and legacy CCRs. The solution will satisfy USMC objectives as documented in the SLS CDD and meet Federal Aviation Administration (FAA) and International

Civil Aviation Organization (ICAO) requirements.

The starting point for the effort will be to leverage Astronics’ existing suite of commercial products which include already designed, produced and commercially marketed MALSR, REIL and CCR products. This contract will be for a twelve-month period in order to complete this development.

Estimated Dollar Value in Thousands

FY 18 Total

RDT&E $2,820K $2,820K

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(2),which is implemented by FAR Subpart 6.302-2, states that the head of an agency may use other than competitive procedures when “the agency's need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.”

5. Rationale Justifying Use of Cited Statutory Authority.

USMC EAF airfield lighting systems are installed and operated in support of USMC, Joint

Service, NATO and allied commercial aircraft operations around the world. The USMC has a requirement, documented in the SLS CDD (MROC Decision Memorandum 19-2014) to provide

CAT-I IFR and VFR capability. A MALSR in conjunction with other runway lighting and air traffic control navigational aids (NAVAIDs) is required to provide IFR capability. This urgent procurement action is requested by the PMA251 Program Manager to the Chief of Contracting

Office, Naval Air Warfare Center Lakehurst NJ via a Letter of Urgency (PMA251/Serial PMA

251/18-035) dated 15 February 2018.

The current unusual and compelling urgency arises from the termination of a previous contract for the contractor’s inability to meet the USMC’s urgent requirements. PMA251 issued Contract

N68335-15-C-0083 to Tactical Lighting Systems, Inc. (TLS) on 11 December 2014 (effective date 25 March 2015) to develop, test and manufacture the Sustainment Lighting System (SLS) in support of the USMC EAF mission. The Initial Operation Capability (IOC) for SLS was scheduled for December 2019, with development and integration testing completing in first quarter FY18. This contract was terminated for convenience on 15 Sep 2017 due to TLS’ inability to deliver an SLS system that meets the USMC’s requirements at an affordable cost and schedule with an acceptable level of risk. The SLS effort included a new approach lighting subsystem, an urgent USMC requirement that still exists. The current unusual and compelling urgency is due to challenges the contractor had in meeting the entrance requirements for the SLS system’s Preliminary Design Review (PDR) and Critical Design Review (CDR), delays that collectively set the program’s IOC back by more than two years and ultimately resulted in termination of the SLS contract.

Upon termination of Contract N68335-15-C-0083, the program conducted extensive market research, as described in Section 6 below, and it was determined that only Astronics DME could meet the necessary timeline to support the USMC’s urgent requirements. Astronics DME currently makes all of the components necessary for a CAT-I and VFR approach lighting system.

With limited development, Astronics DME would be able to modify their existing products to meet USMC requirements. Other Commercial Lighting Manufacturers who responded to the

RFIs either do not make all of the necessary components, or are not as far along in the development cycle as Astronics DME. Accordingly, going to any other company but Astronics

DME to meet the USMC’s requirements will cause mission failure.

It is crucial to note that continued delay of this USMC required capability by taking an extended period of time to compete the USMC’s requirement will pose safety of flight issues and reduce the airfield lighting system availability provided by the Marine Wing Support Squadron, resulting in diminished MAGTF mission capability worldwide. Availability of the legacy approach lighting subsystem directly affects the Combatant Commander’s ability to execute distributed operations, provide sortie generation, and provide air ground combat support.

Readiness of the legacy approach lighting subsystem has diminished over the last decade due to electronic subcomponent obsolescence, the business closure of subcomponent manufacturers and

Congressional direction (Energy Independence and Security Act of 2007) to suspend the manufacture of certain incandescent lamps that are used within the legacy system.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable.

As part of Market Research, three Requests for Information (RFIs) were posted to the Federal

Business Opportunities website on 6 November, 2017. In total, four companies provided responses. One additional company, ADB Safegate, sent an email to the Contract Specialist acknowledging the RFIs, but did not provide any technical information.

In addition, Subject Matter Experts (SME) from the EAF team attended the most recent

Illuminating Engineer Society Airfield Lighting Conference (IESALC) in Dallas, TX (October

2017). While background information was obtained at this conference, no manufacturers provided any additional information beyond what was provided in the RFI responses detailed herein.

In summary, after extensive market research, Astronics DME is the only company found that manufactures all three components required for the EAF CAT-I IFR VFR Approach Lighting

System. Design, test and production are performed organically by Astronics DME, and the company routinely works with the FAA in bringing certified products to the commercial market.

Astronics DME provided detailed descriptions of solutions (including test data) using their existing systems that would meet the USMC requirement with minimal effort. Therefore, Astronics DME is the only company that can meet the aggressive timeline required due to the urgency of the USMC requirement.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR Subpart 15.402(a), the Contracting Officer must ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. The contractor will provide a formal price proposal and sufficient information to support the accuracy and reliability of the estimate. The proposal will be reviewed by experienced technical analysts and contract specialists, with the aid of necessary field pricing support. The Government will obtain certified cost and pricing data and the Contracting Officer will utilize cost and price analysis as the basis for negotiating fair and reasonable prices.

8. Actions to Remove Barriers to Future Competition.

This project will attempt to acquire Government Purpose Rights (GPR) for the CCR, MALSR, and REIL in order to allow for future growth and the addition of other compatible airfield lighting subsystems. With GPR and the appropriate interface information, the Government intends to compete a production contract in the future.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this

Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

SENIOR PROCUREMENT EXECUTIVE APPROVAL

Upon the basis of the above justification, I hereby approve, as Senior Procurement Executive of the Navy, the solicitation of the proposed procurements described herein using other than full and open competition, pursuant to the authority of 10 U.S.C §2304(c)(1).