Survey Equipment CLASS JA 7yrs 12Mar25 R1.pdf

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

CONTROLLED UNCLASSIFIED INFORMATION

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 6August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 1 of 6

Was a J&A approved for the preceding acquisition where that acquisition required a J&A? Yes No

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined at DAFFARS 5302.101? Yes No

Dollar Value of this Acquisition: < $750K > $750K and < $15M > $15M and < $100M > $100M

Contracting Activity: Air Force Installation Contracting Center (AFICC)

Purchase Request (if available) / Local ID Number: To Be Determined

Program / Project (and PE, if applicable): Engineering Land Survey Equipment Standardization

Program Type (PEO, Enterprise, of Operational): Other Contracting - Air Force Category Management of Cat #4, Facilities and Construction

Authority:

6.302-1 – 10 USC 3204(a)(1), Only One Responsible Source - No Other Supplies or Services Will Satisfy Agency Requirements Estimated Contract Cost (including options): $ 69,528,195.46 J&A Type: Class Individual

! ! Provide estimated cost of all contracts.

COORDINATION ( DAFFARS 5306.304(a)) Sign and Save Procedure

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Date

28 Apr 2025

Director, Operations Col Clifford Theony

AFCEC/CO/523-6102

Signature

X

Date

13 Mar 2025

Contracting Officer James Garred

772 ESS/PKD/523-6287

Signature

X

Date

13 Mar 2025

Local Legal Reviewer Karen White

AFIMSC/JAQ/523-6575

Signature

X

Date

18 Mar 2025

Chief of the Contracting Office (COCO) Lt Col William Barrett

772 ESS/CC/969-8772

Signature

X

Date Director of Policy & Acquisition Support Michael Talbott

AFICC/KP/787-5529

Signature

X

APPROVAL ( DAFFARS 5306.304(a))

Date

06 May 2025

LANCE R. FRENCH, Brig Gen, USAF Commander, AF Installation Contracting Center

AFICC/CC/787-3517

Signature

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 6August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 6

I. Agency and Contracting Activity.

Agency: United States Air Force Contracting Activity: AFICC, 772 Enterprise Sourcing Squadron/PKD 139 Barnes Drive, Panama City, FL, 32403

II. Nature and/or description of the action being approved.

The United States Air Force (USAF) has a requirement to limit land survey equipment procurements to Trimble Inc brand equipment, software, and training in order to complete a technical refresh of existing CONUS/OCONUS equipment and all Unit Type Code (UTC) kits over the next seven years. Trimble brand land survey equipment can be procured among authorized distributors, which will maintain competition.

III. Description of supplies/services required to meet agency needs.

This brand name class J&A covers land survey equipment purchases from fiscal year 2025-2031. Land survey purchases during this time are stated below. These expected quantities are based on the Air Force Civil Engineer Center (AFCEC) seven year acquisition strategy and sustainment plan. Acquisition strategy and sustainment for all active duty installations, training sites, formal schoolhouses, and UTC requirements is predetermined based on the seven year equipment refresh cycle maintained by AFCEC. The value of the land survey equipment demand is estimated to be $69,528,195.46. The methodology used to calculate the estimated value is historical costs plus 3% inflation.

- (qty: 403) Trimble R12i GNSS Rover Survey System Kits to include; carbon fiber range pole, battery pack, R12i GNSS survey receiver, controller bracket, extended service warranty package, training, and GNSS antenna.

- (qty: 208) Trimble S7 Robotic Total Station Kits to include; tripod, tribrach, carbon fiber range pole, battery pack, tracking prism, extended service warranty package, training, and S7 optical survey instrument.

- (qty: 208) Trimble SX12 Robotic Total Station Kit to include; tripod, tribrach, carbon fiber range pole, battery pack, tracking prism, extended service warranty package, Trimble Field Link, training, and SX12 optical survey instrument.

- (qty: 113) Trimble TDL 450H - 35W Radio System Kit to include; tripod, tribrach, cables, long and short range antennas, extended service warranty package, and TDL 450 Radio instrument.

- (qty: 394) Trimble TSC7 Survey Controller Kit to include; controller bracket, extended service warranty package, Trimble Access, hard case, and TSC7 Survey Controller.

- (qty: 200) Trimble TSC7 Survey Controller Hard Case.

- (qty: 129) Auto Level to include; extended service warranty package.

- (qty: 24) Trimble Grader Robotic Total Station Survey Kit to include; TD510 or TD540 display, carbon fiber pole, mounting brackets, cables, CB460 control box, dual masts, slope sensors MS996 or 976 GNSS Smart Antenna, MS956 GNSS Modular Receiver, Zephyr 3 Antenna, SNM941 Connected Site Gateway, SNR On-Machine Radio, LR410 Laser Receiver, Trimble Earthworks, training, and extended service warranty package.

- (qty: 24) Trimble Dozer Robotic Total Station Survey Kit to include; TD510 or TD540 display, carbon fiber pole, mounting brackets, cables, CB460 control box, dual masts, slope sensors MS996 or 976 GNSS Smart Antenna, MS956 GNSS Modular Receiver, Zephyr 3 Antenna, SNM941 Connected Site Gateway, SNR On-Machine Radio, LR410 Laser Receiver, Trimble Earthworks, training, and extended service warranty package.

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- (qty: 24) Trimble Paver Infrastructure Robotic Total Station Survey Kit to include; Robotic total station, TD510 or TD540 display, carbon fiber pole, mounting brackets, cables, CB460 control box, slope sensors MS996 or 976 GNSS Smart Antenna, MS956 GNSS Modular Receiver, Zephyr 3 Antenna, SNM941 Connected Site Gateway, SNR On- Machine Radio, LR410 Laser Receiver, Trimble Earthworks, training, and extended service warranty package.

- (qty: 208) Trimble X9 Scanner Survey Kits to include; carbon fiber range pole, battery pack, GNSS survey receiver, controller bracket, extended service warranty package, training, and X9 survey instrument.

- (qty: 175) Trimble Business Center (TBC) Suites to include; Trimble Business Center with extended service warranty package.

- (qty: 110) Trimble Virtual World suites to include; Trimble Virtual World with extended service warranty package.

- (qty: 18) Trimble Survey Training to include; manufacturer provided training for Trimble R12i, Trimble S7 Robotic Total Station, Trimble SX12 Robotic Total Station, Trimble Grader Robotic Total Station Survey Kit, training, and Trimble X9 Scanner Survey Kit with each delivery order.

- (qty: 24) Trimble Transmitter Laser PS930 to include; tripod, tribrach, and extended service warranty package.

This equipment is utilized by over 4,000 Airmen across Active Duty, Guard, and Reserve components. Approval of this J&A will empower the USAF to integrate its own equipment within the joint force, enhancing interoperability with existing systems and infrastructure. This equipment plays a critical role in supporting home stations, overseas operations, and deployed missions within a joint environment. It serves several key functions including:

1. Infrastructure Mapping & Planning - The equipment collects GPS data for essential base infrastructure, including roads, buildings, utility lines, and base boundaries. This information supports construction cost estimates, contract planning, long-term base development (5-year plans), real property easements, and emergency response route optimization.

2. Airfield Operations & Aviation Safety - It enables precise positioning of aircraft approach sensors, airfield lighting, obstruction identification, glide slope path assessments, and other vital functions that enhance airfield operations in CONUS, OCONUS, and deployed environments.

3. Expeditionary Construction Support - RED HORSE units utilize this equipment for planning, developing, and executing construction projects, including buildings, roads, and airfields.

4. Mission Planning & Operational Assessments - The equipment is instrumental in developing drop zones, landing zones, and conducting aircraft suitability assessments. The data collected is crucial for senior leaders, providing actionable insights that drive investment decisions, infrastructure expansion, and mission platform development.

The purchase of Trimble land survey equipment is a commercial item procurement. In terms of Intellectual property, the Government only orders technical data needed for the operation and maintenance of the equipment that is customarily provided to the public.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

This is a brand name only requirement in accordance with FAR 6.302-1(c). Acquisition of any other brand of land survey equipment, other than Trimble, would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Government's

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 6August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 6 requirements. Only Trimble's land survey equipment can meet the Government's minimum requirements for the following reasons:

Mission compatibility is achievable exclusively with Trimble brand equipment, aligned with current USAF training timelines, mission requirements, and wartime task standards. This is due to the proprietary software and integration capabilities unique to Trimble systems already in use by the USAF. Trimble equipment is not inter-operable with other brands because the data and information within these systems cannot be shared or processed by other proprietary software. Similarly, other survey systems are unable to interface with Trimble systems, ensuring secure and consistent functionality within the established framework.

If a manufacturer other than Trimble can supply survey equipment to accomplish a similar survey, the data would still be unusable without additional software and training. This concept is similar to how manufacturers such as Apple and Microsoft operate with proprietary systems that are incompatible with one another. Each brand of survey equipment only interfaces with its own software and equipment, and a change in one survey component would necessitate the replacement of the entire inventory. This would result in significant mission delays, degraded joint interoperability, reduced wartime readiness, and millions in training costs.

Trimble equipment has been in use within the USAF since 2000 across CONUS and OCONUS locations within Prime BEEF and RED HORSE Squadrons. Prime Beef Civil Engineering units focus on establishing, operating, and maintaining, airbases; while Red Horse are Rapid Engineer Deployable Heavy Operational Repair Squadron Engineers, providing heavy construction and repair support in remote, high threat environments. This longstanding integration ensures compatibility with mission requirements, as outlined in DAFI 10-210 and AFI 10-209, and aligns with AF Installation Investment Strategy (I2S) and Revitalize Civil Engineer Squadrons (RCES) objectives. Trimble equipment is the baseline for USAF technical training pipelines, advanced courses, and contingency training programs, ensuring that Airmen are prepared for both peacetime and wartime operations.

Deviating from the currently fielded inventory or future Trimble survey equipment procurements would incur a 3.5-year delay in mission capability to train all active-duty installations on a new GNSS survey system. The USAF would also face a 1-year delay to establish new training site curriculum, course generation, and retraining for a staff of 28 instructors at 8 training locations.

Additionally, the USAF currently has Trimble assets with an estimated value of $65.3M in use at training sites, Prime BEEF and RED HORSE UTCs, and across CONUS/OCONUS installations. Procurement of any other brand of survey equipment would be incompatible with these existing assets and result in a significant duplication of costs as the entire USAF inventory of land survey equipment would have to be immediately replaced to ensure interoperability.

These delays and costs would prohibit the USAF (3E5X1 career field) from accomplishing all assigned wartime, garrison infrastructure sustainment, disaster response, and other contingency-related missions.

Interoperability across the USAF, Navy, Army, and Marine Corps is critical to joint mission success, as outlined in JP 3-34 “Joint Engineering Operations.” USAF deviation from Trimble equipment would hinder collaboration during deployments in AFCENT, USAFE, AFRICOM, and PACAF commands. Since 2018, Trimble equipment has been integral to joint military construction, ensuring compatibility across all branches of the U.S. military. The Navy, Army, and Marine Corps currently field over 1,369 Trimble GNSS survey equipment items, valued at $33M.

Deviating from Trimble equipment would delay joint service collaboration by 5 years, degrade interoperability, and incur a total of $221M to retrain and re-equip all services with a different brand of survey equipment.

Due to the proprietary nature of land survey equipment and software, only Trimble can meet the needs of the USAF. Acquisition of any other brand of land survey equipment, would result in substantial duplication of costs to the Government and unacceptable mission delays because it would be incompatible with existing equipment owned by the Government and require re-training for all service members.

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

As part of the Governments on-going market research, in July 2024, a sources sought notice was posted to SAM.gov for 39 days. The notice requested information regarding vendors capability to provide equipment that is compatible and able to operate/interface with the existing USAF Trimble brand equipment. At the time of this J&A approval, the notice did not produce information that definitively demonstrated there are alternative compatible products. Three vendors responded to the sources sought notice: Trimble Inc, Promethean General Contractors, and Hexagon US Federal. Both Trimble and Promethean responded to the notice with Trimble brand equipment.

Only one sources sought response provided an alternative brand of land survey equipment for consideration.

Hexagon responded to the notice with Lecia Geosystems survey equipment. However, additional follow up research demonstrated that the Lecia system was not fully inter-operable with the existing Trimble equipment due to the proprietary nature of these types of systems.

A synopsis of proposed contract action, in accordance with FAR 5.2, will be posted, as required, before any applicable contract actions are taken under this J&A.

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Based on market research, IAW FAR 15.404-1(b)(2)(i), the contracting officer expects fair and reasonable pricing will be established through adequate competition including small business distributors. Contracting activities will be required to make individual determinations of price fair and reasonableness IAW FAR 13.106-3(a) (simplified acquisitions) or FAR 15.403-3(C)(1) (commercial acquisitions) prior to award. Additionally, contracting activities will attempt to prioritize and maximize small business distributors where they exist.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

This Class J&A is for commercial off the shelf equipment. Market research was conducted by issuing a sources sought notice on SAM.gov as addressed above in section V. Additional market research was completed through Internet searches by reviewing previous awards for the same or similar Trimble brand equipment. Contract Action Reports from the Federal Procurement Data System revealed several vendors (including small business) have provided Trimble land survey equipment to the Government.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

The USAF is required to use the brand name only justification because the acquisition of Trimble land survey equipment is essential for maintaining mission readiness, interoperability, and cost efficiency. The proprietary nature of Trimble systems ensures seamless integration with existing equipment and software, avoiding delays in mission execution and additional training costs.

Since 2000, prior AFCEC acquisitions of Trimble land survey equipment have been made through the Defense Logistics Agency (DLA). However, ordering through DLA incurs significant service fees in addition to the cost of the equipment. Establishing this J&A will allow the USAF to procure the required equipment and avoid unnecessary additional fees.

Implementation of this J&A will standardize and refresh aging equipment, maximize existing training programs, and avoid additional costs associated with retraining and curriculum development. The best business decision for the taxpayer and the Air Force mission is to approve this Trimble brand name J&A, ensuring readiness, interoperability, and mission success.

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The category management team completed an analysis in 2025 and found that 89% of the USAF civil engineering land survey equipment (CELSE) is Trimble brand. Since the USAF will be leveraging investments that it has already made, it should not drive any significant changes or cause notable disruption in the commercial market. The USAF only represents 0.4% of Trimble's total sales, so to extrapolate across the industry, the USAF is a very small CELSE customer in general.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

See Section V above.

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

The Government will continue to conduct market research to determine if new technology exists that meets the compatibility requirements and allows for increased competition. Additional Requests for Information/Sources Sought and engagement with industry will take place to give any interested vendor further opportunity to provide survey equipment that meets all requirements.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

Remove the Guidance pages below.

August 2023 Page of International Agreement Competitive Restrictions (IACR) Page of 13 May 2022 Was a J&A approved for the preceding acquisition where that acquisition required a J&A?

!! Attach the preceding J&A in the staff package for this J&A. The preceding J&A will be used as a reference document.

Is this a new or amended J&A Document?

Is this a Bridge Action as defined at DAFFARS 5302.101?

Dollar Value of this Acquisition:

J&A Type:

!! Provide estimated cost of all contracts.

COORDINATION ( DAFFARS 5306.304(a)) ** The text in the signature blocks below is editable, including the title.

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APPROVAL ( DAFFARS 5306.304(a)) NOTE 1: A signature block will appear here (replacing these notes) based on the "Dollar Value of this Acquisition" selected above. Since most digital signatures that include date/time-stamps are redacted before they are made publicly available, always insert the date in the “Date” cell when affixing a digital signature to this document.

NOTE 2: Some types of acquisitions awarded under circumstances where full and open competition is not required by statute do not have to be supported by a written justification and approval. See 10 U.S.C. § 3204(e)(7); FAR 6.302-5(c)(2). For Class J&As, all contracts within the class must fall within the same statutory authority.

NOTE 3: Users of this template are directed to SAF/AQC Policy Memo 22-C-02, or latest issuance, which provides detailed instructions on how to complete each section of a J&A. The memo will be posted at the following location:

https://usaf.dps.mil/sites/AFCC/KnowledgeCenter/Documents/Contracting_Memos/Policy/22-C-02.pdf (See "Specific Guidance for Completing this Template" after item XII below.)

I. Agency and Contracting Activity.

II. Nature and/or description of the action being approved.

III. Description of supplies/services required to meet agency needs.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

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

VI. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

VII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

VIII. Any other facts supporting the use of Other Than Full and Open Competition.

IX. List of any sources that expressed, in writing, an interest in the acquisition.

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

XI. Certification by the Contracting Officer.

XII. Certification by the technical/requirements personnel.

Specific Guidance for Completing this Template I. Agency and Contracting Activity. (FAR 6.303-2(b)(1)) Self-explanatory II. Nature and description of the action being processed. (FAR 6.303-2(b)(2)) An individual J&A is for a single contract. State whether the action is a new contract or a modification to an existing contract (identify contract number) and identify the contract type(s) planned (e.g., firm-fixed-price, cost-plus-incentive-fee). If exception 2 is cited (unusual or compelling urgency), include the date of UCA/contract/modification issuance and amount.

An individual J&A cannot be used to support more than one contract action irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise. Stoehner Security Services, Inc., 248077.3, Oct. 27, 1992, 92-2 CPD ¶ 286 at 6. This principle applies with equal force and effect whenever a contracting officer seeks to exercise FAR 52.217-8 (Option to Extend Services) if the contract that incorporated that clause by reference is not a Service Contract Labor Standards-covered contract, as such contracts do not include wage determinations that establish “prevailing labor rates provided by the Secretary of Labor.” FAR 52.217-8. See Major Contracting Services, Inc., B-401472, Sep. 14, 2009, 2009 CPD ¶ 170 at 6, mot. for reconsid. den., Department of the Army --Reconsideration, B-401472.2, Dec. 7. 2009, 2009 CPD ¶ 250 at 5-6. In the alternative, the J&A supporting the basic contract must be a Class J&A. Although a Class J&A may be written for multiple awards to a single source, or multiple awards to various sources, it must describe each proposed contract action separately so it is clear that each such action is within scope of that Class J&A. FAR 6.303-1(d).

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3)) Describe the supplies, services, or supplies and services to be acquired. Identify the quantities of each item, the estimated delivery dates/periods of performance, the type of appropriation(s) that will acquire those supplies/services, the total estimated value of the acquisition (including options), and the methodology used to arrive at that total estimated value. Provide sufficient information to demonstrate to the approving official that the acquisition of intellectual property (IP) and associated IP rights will satisfy the program's requirements, acquisition strategy, life cycle sustainment plan, systems engineering plan, and test and evaluation master plan.

The program's requirements for IP and IP rights in the Request for Proposals (RFP) must be consistent with the program's acquisition strategy, life cycle sustainment plan, systems engineering plan, and test and evaluation master plan. Accordingly, approving officials will ensure this section of the J&A:

(1) States whether the CLIN structure will include separately-priced CLINs for intellectual property (IP) and IP rights. Once the DFARS is revised to implement 10 U.S.C. § 4236, Air Force contracting officers will be required to negotiate a fair and reasonable price for IP and associated IP rights. Air Force contracting officers must start thinking now how they will do so during sole-source and competitive negotiations and how the resulting contract will reflect the results of those negotiations. Otherwise, they may be caught flat-footed if the RFP did not include such separately-priced CLINs and the Director of Defense Pricing and Contracting issues the final rule implementing 10 U.S.C. § 4236 --the effective date of which occurs one day prior to the award date. See also FAR 7.105(b)(14)(iii) and DFARS 215.470(a);

(2) Lists the titles of all such IP (including digital models) to be to be acquired contained in Exhibits A-N of the draft Request for Proposals; and

(3) Identifies the type of IP rights to be acquired to those deliverables (including the IP rights to be acquired to contract administration information since the standard DFARS clauses do not grant the Air Force any license rights to that type of IP).

Mission-focused business leaders are encouraged to engage early in the acquisition life-cycle with industry regarding the subjects of IP and IP rights. They are also encouraged to consult with approving officials, designees, or both, regarding those subjects well in advance of submitting a draft J&A to the appropriate approving official.

For Class J&As, identify each contract action (contract, modification) to be authorized by the proposed J&A for each potential offeror. If the same information applies to more than one contract, it need only be stated once.

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the total estimated value of the acquisition.

IV. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above. (FAR 6.303-2(b)(5)) Provide detailed facts sufficient to justify the use of the particular authority cited. Contracting without providing for full and open competition shall not be justified on the basis of a lack of advance planning or concerns relating to the amount of funds available (e.g., expiring funds). (FAR 6.301(c)).

Check the applicable box below. Checking a box will display the text for that section.

In the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, the rationale must first justify the supplies/services as either associated with a “major system” or “highly specialized equipment”. It must then justify either “substantial duplication of cost to the Government that is not expected to be recovered through competition” or “unacceptable delays in fulfilling the agency's requirements”, whichever situation applies. If both of those situations apply, the rationale can be based upon either or both of those two situations. This authority shall not be used when any of the other authorities apply.

Sub-subsection 1. FAR 6.302-1(a)(2)(ii) and (iii) require that the J&A demonstrate that specific conditions have been satisfied. Therefore, this sub-section must deconstruct the specific words in those provisions and demonstrate to the appropriate approving official how the proposed acquisition satisfies those words.

For example, this sub-subsection must demonstrate the proposed acquisition is a “follow-on contract” by identifying the current contract number of the contract the intended awardee of that “follow-on contract” is currently performing, the basis of award for that contract (competitive, sole-source), the purpose of that contract, the date of contract award, and the date that contract will expire. PTC, Inc., B-416863, Dec. 20, 2018, 2019 CPD ¶ 48 at 6-7. This subsection must also demonstrate the proposed acquisition will continue “development” or “production” of a “major system” or “highly specialized equipment, including major components thereof” or provide “highly specialized services.” In the case of the former, this subsection must either identify the ACAT I or II program --since the legal definition of a “major system” includes ACAT I and II programs --or explain why the equipment sought to be acquired is “highly specialized” for which the proposed acquisition will “continue[ ] development or production”. In the alternative, this subsection must explain why the services sought to be acquired are “highly specialized”.

If the planned acquisition will result in a “bridge” contract that contains options, this subsection must explain why options are necessary. If significant lead time is required prior to approval of the J&A in order to acquire the supplies or services described in Section III, this subsection should mention that fact and explain why that is the case.

Next, this sub-subsection should add a concluding sentence to the end of this subsection, suitably tailored; e.g., “Therefore, this acquisition will be a follow-on contract for the continued development of a major system.”

“Therefore, this acquisition will be a follow-on contract for the continued production of a major system.”, “Therefore, this acquisition will be a follow-on contract for the continued development of highly specialized equipment.”

“Therefore this acquisition will be a follow-on contract for the continued production of highly specialized equipment.”

“Therefore, this acquisition will be a follow-on contract for the continued provision of highly specialized services.”

The purpose of that sentence is to bring the approving official back to the regulatory requirements the preceding paragraphs of this section of the J&A have discussed to demonstrate the J&A satisfies those requirements.

Sub-subsection 2. Thoroughly describe the contractor's unique/highly specialized capabilities and qualifications (e.g., facilities, personnel, special tooling acquired), (FAR 6.303-2(b)(5)), and why no other type of supplies or services will satisfy the agency requirements.

Sub-subsection 3. This subsection should begin with the following sentence, suitably tailored:

“The __[insert program office name]__ has determined that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.”

“The __[insert program office name]__ has determined that award to any other source would result in unacceptable delays in fulfilling the agency's requirements.”

“The __[insert program office name]__ has determined that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Government's requirements.”

The purpose of this opening sentence is to direct the approving official's attention to which specific words in FAR 6.302-1(a)(2)(ii) and (iii) will be the basis for going sole-source.

Next, when the rationale for going sole-source is based upon substantial duplication of cost, this sub-subsection must include an estimate of the amount of cost that would be duplicated (e.g., training required so that another source could acquire the skills necessary to perform the work, equipment, facilities) less the estimated cost to run a competition. (For example, the development costs the Government incurred under the existing contract or similar programs may provide insight into the amount of cost duplication were the proposed acquisition to be competed.) This sub-subsection should also identify the organization(s) that/who performed the analyses that supports those estimates, and describe the analysis that/those organization(s) performed to arrive at both estimates. The methodology must account for inflation during the projected remaining life cycle of the acquisition. (FAR 6.302-1(a)(2)(ii)(A) and (iii)(A); FAR 6.303-2(b)(9)(ii)).

When, however, the rationale for going sole-source is based upon unacceptable delay, this sub-subsection must state how long it would take someone else to obtain this capability (in months/years) and why, and provide a detailed explanation of the impact or problem caused by the delay. When describing the impact or problem caused by the delay, the rationale must identify all nodes on the critical path between the failure to acquire the supplies and services described in Section III and the delivery date(s)/period(s) of performance identified in that section, and the reduction (or frustration) of the warfighter's ability to accomplish specific missions. The explanation provided must be commensurate with the delivery date(s)/period(s) of performance identified in Section III (e.g., longer delivery date(s)/period(s) of performance necessitate a more detailed explanation). (FAR 6.302-1(a)(2)(ii)(B) & (iii)(B)).

Although the existence of IP rights retained by the developer make the supplies and services available from only once source, the mere existence of such rights does not in and of itself justify the use of this authority. (FAR 6.302-1(b)(2)). Therefore, if the program office will use that rationale to justify going sole-source, this sub-subsection must demonstrate the program office performed sufficient due diligence to validate the developer retains such IP rights that require the use of this authority to acquire the supplies and services described in Section III. Specifically, this sub-subsection must explain:

(1) What IP rights the Government acquired to what IP deliverables under predecessor contracts described in Subsection 1 of this section and why those rights are insufficient to compete acquisition of the supplies or services described in Section III;

(2) What IP clauses (include the month/year of issuance) or applicable commercial computer software licenses were included into all of those predecessor contracts described in Subsection 1 of this section;

(3) Whether those predecessor contracts included the Deferred Ordering clause (DFARS 252.227-7027) and if so, why the program office did not exercise its rights to acquire needed IP deliverables by exercising its rights under that clause;

(4) Why the Government did not acquire sufficient IP deliverables and IP rights under that/those predecessor contract(s) that would have precluded the need to go sole-source for the proposed acquisition (e.g., acquisition strategies for those predecessor contracts were based upon the Total System Performance Responsibility (TSPR) initiative);

(5) What IP deliverables did the program office acquire under that/those predecessor contract(s) and what restrictive markings did the developer affix to those deliverables;

(6) What pre-challenge requests for information or formal challenges the program office initiated in response to a developer's assertions of development at private expense (DFARS 252.227-7019, DFARS 252.227-7037) and what analysis the program office performed of the information it received in response to that request or formal challenge;

(7) What investigation the program office conducted to determine whether the IP deliverables provided under that/those predecessor contract(s) was/were developed in whole or in part at Government expense (e.g., reviewing the developer's IR&D project approvals and accounting records, reviewing earned value management data and integrated program management reports);

(8) Assuming the results of that investigation validate the developer's assertion of development at private expense, what if any steps did the contracting officer take to request the developer propose a price to furnish the IP deliverables and IP licenses needed to compete the proposed acquisition; and

(9) The extent to which the program office considered reverse engineering any subsystems or components of the end item described in Section III (and summarize the estimated cost to reverse engineer those subsystems or components and the time it would take to complete such reverse engineering activities); or considered use of a modular open system approach to acquire those subsystems or components consistent with the program's capability development document, acquisition strategy, and system engineering plan. (DFARS 207.106(S-72)(2)(v); DFARS 227.7103-5(d)(2)(iii)).

Although the control of basic raw material makes the supplies or services available from only once source, the mere existence of such rights or circumstances does not in and of itself justify the use of this authority. (FAR 6.302-1(b)(2)). Under such circumstances, this sub-section must identify how the intended source acquired a monopoly on those raw materials.

When acquiring utility services, circumstances may dictate that only one supplier can furnish the service, or when the contemplated contract is for construction of a part of a utility system and the utility company itself is the only source available to work on the system. (FAR 6.302-1(b)(3)).

When the agency head has determined in accordance with the agency's standardization program that only specified makes and models of technical equipment and parts will satisfy the agency's needs for additional units or replacement items and only one source is available, (FAR 6.302-1(b)(4)), this sub-section must identify the relevant standardization program.

Notwithstanding FAR 6.302-1(c)(2), a justification and approval is required in order to use brand name or equal descriptions or the use of proprietary specifications or standards. (DFARS 206.302-1(c)(2) and (S-70)).

Sub-subsection 4. When using the rationale described in sub-subsection 3 above, conclude this subsection by including one of the following sentences, as applicable:

“Accordingly, ___[insert company name]___ is the only firm capable of providing the supplies and services described in Section III above without the Government experiencing substantial duplication of cost that could not be recovered through competition.”, “Accordingly, __[insert company name]__ is the only firm capable of providing the supplies and services described in Section III above without the Government experiencing unacceptable delays in fulfilling its requirements.”

“Accordingly, __[insert company name]__, is the only firm capable of providing the supplies and services described in Section III above without the Government experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.”

The purpose of this sentence is to restate for the approving official's benefit which rationale(s) is/are the basis for going sole-source, thereby sensitizing them to the fact the author will now turn to discussing a different topic.

Contracting Officers must notify SAF/AQC as soon as practicable when contemplating the use of this authority for a J&A requiring SPE approval.

Provide an explanation why the supplies or services are needed at once due to, e.g., fire, flood, explosion, other disaster, emergency) or essential equipment or repairs to that equipment are needed at once to facilitate meeting critical mission needs of the Government. Identify the nature of the urgency, the reasons for it occurring, and the extent of the anticipated serious injury to the Government -- thereby demonstrating why the Government's need for the supplies or services described in Section III is of “unusual and compelling urgency” to preclude adverse impact to military readiness. (FAR 6.303-2(b)(9)(iii)). In other words, identify all nodes on the critical path between the failure to acquire the supplies or services described in Section III and the reduction (or elimination) of the warfighter's ability to accomplish specific missions. Merely citing a Joint Urgent Operational Need (JUON), Force Activity Designator (FAD) rating, Program Management Directive (PMD)/Program Action Directive (PAD) guidance, or DX priority rating is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition. Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception. In addition, the period of performance CANNOT exceed one year, including all options unless the head of the agency determines that exceptional circumstances apply (FAR 6.302-2(d)(ii)); thus, the inclusion of options when using this authority is not advised.

Note: This statutory authority requires that agencies request offers from as many potential sources as is practicable under the circumstances. (FAR 6.302-2(c)(2)).

Justifications citing this authority must demonstrate the need to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute. If the proposed contract will require the contractor to keep vital facilities or suppliers in business or make them available in the event of a national emergency, train a supplier in the furnishing of critical supplies or services, prevent the loss of a supplier's ability and employees' skills, or maintain active engineering, research, or development work, maintain properly balanced sources of supply, create or maintain the required domestic capability for production of critical supplies, or continue in production where there would otherwise be a break in production, or divide current production requirements among two or more contractors, this section must provide facts sufficient to justify the use of this authority (FAR 6.302-3(b)(1)). If the proposed contract will establish or maintain an essential engineering, research, or development capability to be provided by an education or other nonprofit institution or a federally funded research and development center for theoretical analyses, exploratory studies, experiments in any field of science of technology, or engineering or development work calling for the practical application of investigative findings and theories of a scientific or technical nature, this section must provide facts sufficient to justify the use of this authority (FAR 6.302-3(a)(2)(ii) and (b)(2)). If the proposed contract will acquire the services of an expert to use in any litigation, dispute, or alternative dispute resolution proceedings involving the Government, this section must provide facts sufficient to justify the use of this authority (FAR 6.302-3(b)(3)).

Identify the applicable statute explicitly authorizing other than full and open competition. (FAR 6.302-5(b); DFARS 206.302-5(b)). The following is a non-exclusive list of statutes lifted from FAR 6.302-5(b) that authorize acquiring supplies and services from specified sources or through another agency:

(1) Federal Prison Industries (UNICOR) (18 U.S.C. § 4124 (see FAR Subpart 8.6).

(2) Qualified nonprofit agencies for the blind or other severely disabled (41 U.S.C. Chapter 85) Committee for Purchase From People Who Are Blind or Severely Disabled (see FAR Subpart 8.7).

(3) Government Printing and Binding (44 U.S.C. §§ 501-504, 1121 (see FAR Subpart 8.8)).

(4) Sole source awards under the 8(a) Program (15 U.S.C. § 637), but see FAR 6.303 for requirements for justification and approval of sole-source 8(a) awards over $25 million. (See FAR Subpart 19.8).

(5) Sole source awards under the HUBZone Act of 1997 (15 U.S.C. § 657a)(see FAR 19.1306).

(6) Sole source awards under the Veterans Benefits Act of 2003 (15 U.S.C. § 657f).

(7) Sole source awards under the WOSB Program (15 U.S.C. § 637(m)(see FAR 19.1506).

Note: Some statutes do not require a written J&A.

Full and open competition need not be provided for when the disclosure of the agency's needs would compromise the national security (e.g., would violate security requirements) unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Accordingly, if this authority is used, this section shall explain how these conditions are satisfied.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, indicate which exception under FAR 5.202 applies. (FAR 6.303-2(b)(6); FAR 6.303-2(b)(8); FAR 6.303-2(b)(10)) The contracting officer shall issue a sources sought synopsis or an RFI, provide the date the synopsis was issued, the synopsis number, and a brief description of its content. Identify the number of responses received, the names of the respondents, the results of the screening process, and the rationale for determining the unacceptability of any respondents, unless exempted by the MAJCOM SCO or Operating Location SCO with rank of GO or SES, otherwise approval by the HCA is required. (FAR 6.302-1(d)(2); DFARS 206.302-1(d); DFARS PGI 206.302-1(d); AFFARS 6306.302-1(d); AFFARS MP5301.601(a)(i)).

Specify whether this acquisition will require a Notice of proposed Contract Action (NOCA) IAW FAR 5.201 and if not, provide the exception IAW FAR 5.202. If a NOCA was or will be publicized provide the dates or expected dates of publication of the NOCA. Address any other actions taken or planned to facilitate competition for this acquisition.

When using the authority granted by FAR 6.302-1, an RFI or Sources Sought Synopsis is mandatory. (DFARS PGI 206.303-2(b)(i)).

When using the authority granted by FAR 6.302-2, agencies must request offers from as many potential sources as is practicable under the circumstances unless the Government would be seriously injured if the agency complied with the time periods specified in FAR 5.203. (FAR. 5.202(a)(2); FAR 603.2-2(b)(2)).

When using the authority granted by FAR 6.302-3, no synopsis is required if the proposed contract action is for utility services other that telecommunications services and only one source is available. (FAR 5.202(a)(5)).

When using the authority granted by FAR 6.302-5, no synopsis is required if the proposed contract action results from acceptance of a proposal under the Small Business Innovative Research (SBIR) program. (FAR 5.202(a)(7)).

When using the authority granted by FAR 6.302-6, agencies must request offers from as many potential sources as is practicable under the circumstances. (FAR 6.302-6(c)(3)). The fact that a proposed solicitation or contact action contains classified information, or that access to classified information may be necessary to submit a proposal or perform the contract does not, in itself exempt that proposed contract action from the synopsis requirement. (FAR 52.202(a)(1)). Under such circumstances, this section must identify what alternatives the program office used to compete this requirement (e.g., accessing the National Reconnaissance Office's (NRO) Acquisition Research Center's Central Contractor Registry database or the National Security Agency's (NSA) Acquisition Resource Center's Business Registry database to identify potential cleared offerors and summarize what outreach the program office conducted with those potential cleared offerors to determine their interest in the proposed acquisition).

If qualifying country sources have expressed interest, but will be excluded, provide supporting rationale.

VI. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7)) Include the following text, suitably tailored: “Based upon (1) certified cost or pricing data provided in the offeror's proposal, (2) the program office's technical analysis of the offeror's Basis of Estimates (BOE), and (3) inputs from the Defense Contract Management Agency, including from the Administrative Contracting Officer, the contracting officer expects they will be able to determine that the anticipated cost to the Government will be fair and reasonable.”

VII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8)) Discuss any market research conducted pursuant to FAR Part 10 (in addition to any actions described in Section VI above) and describe the results…