A03_REDACTED_Justification_and_Approval_Control_No_JA-B-17-207_LRIP_MP_Sust_Redacted.pdf

Control No: JA-B-17-207

Contractor: General Dynamics Mission Systems

Program/Equipment: Low Rate Initial Production (LRIP) Manpack Sustainment

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: Low Rate Initial Production (LRIP) Manpack Radio Sustainment

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Prepared by:

Date: 09 Feb 2017

Contracting Officer:

Date: 09 Feb 2017

Technical:

Date:

Requirements:

FOR OFFICIAL USE ONLY

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program/Equipment: Low Rate Initial Production (LRIP) Manpack Radio Sustainment

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

1. Contracting Activity: Army Contracting Command - Aberdeen Proving Ground (ACC-APG), CCAP-CCB, Aberdeen Proving Ground, MD 21005.

2. Description of Action: This action is for a modification to increase the number of hardware repairs by 550 under Contract Line Item Numbers (CLINs) 2001AA-2001AF and extend the period of performance, from 31 March 2017 to 30 September 2018, of Contract No. W15P7T-15-C-0002 with Firm-Fixed-Price (FFP) and Cost-Plus-Fixed-Fee (CPFF) CLINs for sustainment of hardware and software for the Low-Rate initial Production (LRIP) Manpack Radio. Fiscal Year (FY) 2016 & 2017 Other Procurement Army funds (OPA) will be used for this action. The Government anticipates award of this modification by 31 March 2017.

3. Description of Supplies/Services: Project Manager Tactical Radios (PM TR – Product Manager Handheld, Manpack and Small Form Fit (PdM HMS) and the Communications Electronics Command (CECOM) have a requirement for sustainment of the LRIP Manpack Radio hardware below the Line Replaceable Unit (LRU) level.

sustainment of hardware at the LRU level, sustainment of software, and Field Service Representatives (FSRs). More specifically, sustainment of the LRIP Manpack Radio consists of repairing the radio components designated for the sustainment level maintenance, revising and updating Operations and Maintenance Technical Manuals and associated technical support documentation, and preparing Safety Assessment Reports. Sustainment also includes support activities to maintain a software baseline interoperable with the most current communications systems and equipment in use by the Department of Defense (DoD), which includes the delivery of software updates, updates to software configuration management documentation, and updates to software training material. The sustainment includes Field Service Representatives (FSRs) that are responsible for test or operational support which include but not limited to diagnosing system faults, reloading/updating software and configuration files/keys, identifying, repairing and/or replacing faulty equipment.

Contract No. W15P7T-15-C-0002 was awarded under Other Than Full and Open Competition procedures on 29 January 2015, with GDMS as the prime contractor. The original award included the finalization of Mobile User Objective System (MUOS) with a total estimated cost of Modification No. P00002 added the requirement for the hardware and software sustainment for the LRIP Manpack Radio, with a 12-month base period, with a total estimated cost of (total contract value of , and a 12-month Option Period, with a total estimated cost of . The Justification and Approval was approved on 04 December 2014 for . This modification to extend the contract ensures continuation of the critically needed hardware and software sustainment of the LRIP Manpack Radio. Chad Ogle, PM TR Cost Analyst, utilized actual cost data from Contract No. W15P7T-15-C-0002 to develop an IGCE for this extension valued at . The IGCE is signed and present in the contract file.

The Government intends to execute a follow-on effort, to run concurrently with this extension, which will contain a 12 month base period and three 12 month option periods.

This effort will include software sustainment, hardware spares and repairs, Field Service Representative (FSR) support and will provide for the transition to depot support (hardware sustainment) to Tobyhanna Army Depot (TYAD), as well as the transition of software sustainment to the Software Engineering Center (SEC) at Aberdeen Proving Ground, MD. See Section 5 of this document for the proposed timeline for this transition.

4. Authority Cited: The statutory authority permitting Other than Full and open Competition is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: The proposed source for this action is General Dynamics Mission Systems (GDMS), 8220 East Roosevelt Street, M/D R3260, Scottsdale, AZ 85257.

A System Design and Demonstration (SDD) contract, W15P7T-04-C-E405, was competitively awarded on 16 July 2004 to GDMS. The contract incorporated an option CLIN that was exercised to sustain hardware and software for the LRIP Manpack Radio via Modification P00326 on 11 May 2012 that expired on 07 April 2016. A competitive contract was contemplated for the LRIP Manpack Radio Sustainment, but based upon the Market Research for Contract No. W15P7T-15-C-0002, this was not feasible. As a result, Contract No. W15P7T-15-C-0002 was awarded on to GDMS on 29 January 2015 to provide sustainment services for the LRIP Manpack Radio units and their auxiliary parts procured under the SDD contract. Contract No. W15P7T-15-C-0002 is currently scheduled to expire on 31 March 2017. This extension is required to permit time to incorporate the Soldier Radio Waveform (SRW) and Joint Tactical Network (JTN) Over The Air Management (OTAM) software upgrades (implementation, testing and fielding).

The sustainment services ensure that the radio will continue to function properly, either through repair of damaged radios, preventative maintenance, software fixes, or software enhancements to continue providing the critical communications for warfighters and military units. The Government’s posture for military readiness will be adversely affected if these services are suspended. Should this occur, the radio would not function properly and the warfighter would not have vertical and horizontal network connectivity to achieve the information dominance deemed critical to successfully conduct mounted and dismounted operations such as infiltration, oversight, air traffic control, and evasion. The warfighter would also lose the ability to operate in a tactical voice and data network using both legacy [Single Channel Ground and Airborne Radio Systems (SINCGARS) and Ultra High Frequency Satellite Communications (UHF SATCOM)] and networking waveforms [Soldier Radio Waveform (SRW) and MUOS] which would not allow for communications between military units, command, or inter-agency units. This would lead to increased risk of mission failure, increasing the risk to warfighters lives, as the warfighter would not have a dependable LRIP Manpack Radio to achieve and maintain information superiority on the battlefield. Currently the Government does not have the organic ability to sustain hardware and software of the LRIP Manpack Radio past the expiration date of 31 March 2017 for Contract No. W15P7T-15-C-0002.

The requirement for additional hardware repairs and period of performance extension to Contract No. W15P7T-15-C-0002, for hardware and software sustainment of the LRIP Manpack Radio, must be sole source to GDMS and cannot be competed among industry due to the Government and industry lacking the internal capabilities specific to the GDMS LRIP Manpack Radio, and not having Government Purpose Rights (GPR) to the technical data below the LRU required to perform the sustainment services. The Government has attempted to acquire the GPR but GDMS declined, as detailed in Section 7 of this document. Competing this requirement would also cause unacceptable delays in fulfilling the Agency’s requirements. The time and money spent on re-design, LRIP and sustainment would be equal to the development of the LRIP Manpack Radio under the SDD contract, which would total approximately eight (8) years and . The internal capabilities specific to the GDMS LRIP Manpack Radio and details of the GPR are set forth below.

Hardware Sustainment:

Sustainment of the hardware for the LRIP Manpack Radio includes sustainment both “at” and “below” the LRU level. An LRU is defined as a modular component of a manufactured device that does not require disassembly of the LRIP Manpack Radio in order to complete the repair. For the LRIP Manpack Radio, the LRUs include the Receiver/Transmitter Units (RTU), Radio Amplifier, Human Machine Interface, Vehicle Mount, Antennas, Adapter Connector, Loud Speaker, AC Power Supply, Radio Set Control, Battery and Battery Bucket for the AN/PRC-155(V)2 Manpack radios , AN/VRC-116(V)1 and AN/VRC-117(V)1, AN/VRC-117(V)2 Manpack radio vehicle configurations; and the AN/TRC-230 Manpack Radio Set Tactical Operations Center configuration. Sustainment of hardware for the LRIP Manpack Radio ensures that the radio will continue to function properly either through repair of damaged radios, preventive maintenance, and updated technical manuals to continue providing the critical tactical voice communications for military units.

Hardware – s us tainme nt “be low ” the LRU le ve l :

Hardware sustainment services below the LRU level require the opening of the LRIP Manpack Radio or ancillary parts (amplifiers, specialized cables, battery packs, microphone, speakers and antennas) in order to accomplish repairs, preventive maintenance, or update of technical manuals. Examples of hardware items below the LRU level include circuit cards, electronic wiring, machined parts, electronic interfaces, and cabling. Sustainment services of these items are necessary to ensure the LRIP Manpack Radio functions properly, either through repair of a broken radio or preventive maintenance to ensure continual operational capability. These sustainment services require specific technical knowledge obtained through owning technical data rights in order to ensure that the LRIP Manpack Radio functions properly, diagnose a repair, update the necessary technical documents, bulletins and Contract Data Requirements List (CDRL) items. Technical documents (Manuals, Bulleting, Training updates, CDRL items) are documents that are detailed descriptions of items including, but not limited to, engineering design changes, updates to manuals, bulletins, and training documents, and repair tool listings. These documents are only completed in conjunction with the sustainment of either a hardware repair or update.

GDMS is the only contractor with the technical data rights required to perform sustainment below the LRU level, as it has developed the specific Technical Data Package (TDP) for the LRIP Manpack Radio with its own funding. Moreover, under the SDD contract, GDMS did not grant the Government technical data rights below the LRU level, in accordance with (IAW) Section H.16 of the SDD contract, which states, “the Contractor shall grant perpetual GPR to the Government in all Technical Data generated, delivered or furnished under this Contract down to the LRU level.” The Government has technical data rights IAW DFARS clause 252.227-7013 – “Rights in Technical Data – Noncommercial Items”. The Government has attempted to acquire the GPR but GDMS declined, as detailed in Section 7 of this document. These technical data rights pertain to top level informational data such as form, fit, and function data, as well as technical data necessary for installation, operation, maintenance, and training. However, the clause excludes technical data rights to detailed manufacturing or process data pertaining to installation, operation, maintenance, training, Bill of Materials (BOM), interconnect and interface requirements between hardware components, required special tools and test equipment, product definition, proprietary detailed manufacturing process, diagnostic, special tooling, reliability data, specific to the LRIP Manpack Radio, this detailed manufacturing or process data is necessary to perform the hardware sustainment services below the LRU level that are identified above.

The Government cannot sustain, nor compete the sustainment of hardware below the LRU level because the Government does not have the technical data rights below the LRU level. The Government made an email inquiry to GDMS on 10 January 2017 asking whether it would consider giving the Government either unlimited rights or GPR rights to Technical Data below the LRU, other than those granted under DFAR 252.227-7013.

GDMS responded on 10 January 2017 that it will not agree to grant to the Government Unlimited Rights or Government Purpose Rights to technical data below the LRU level for the LRIP Manpack Radio.

The Government intends to assume organic responsibility for sustainment of the LRIP Manpack Radio hardware below the LRU level in conjunction with the Original Equipment Manufacturer (OEM) at Tobyhanna Army Depot (TYAD). Under the current contract GDMS delivered a Public Private Partnership (P3) Plan. This plan outlines data, equipment, training and support to stand up TYAD to organically sustain and maintain the LRIP Manpack Radio. A separate contract action will be used to execute the P3 plan when TYAD is prepared to assume responsibility for organic sustainment of the LRIP Manpack Radio. The anticipated timeline for this transition is as follows:

Tran sition of the L RIP Rif lem a n Ra d io Ha rdwa re/S oft wa re S u sta in me n t Tran sition :

Hardware and software sustainment and software/firmware loading and upgrade capability is planned to transition from GDMS to TYAD. Hardware sustainment transition will include: repair of the radio transmitter (RT) through sub-assembly replacement; the replacement of damaged connectors; and RT un-tampering to make RT fully mission capable; the capability to load Operating Environment (OE) software, firmware, waveforms, and configuration files.

Public-Private Partnership (P3) Plan to facilitate the transition of depot–level repair capability to TYAD

Sustainment transition will require procurement of test equipment; test procedures; repair parts; training; and on-site/on-call depot support.

T he Su sta inm en t Transition is a sta tu to ry req u ire m en t p e r Title 1 0 USC 2 4 64 Co re d e po t -leve l m a inte na nce a nd Re pa ir Ca p ab ilities (3) :

(A) Except as provided in subsection (c), the Secretary of Defense shall identify and establish the core depot-level maintenance and repair capabilities and capacity required in paragraph (1).

(B) Core depot-level maintenance and repair capabilities and capacity, including the facilities, equipment, associated logistics capabilities, technical data, and trained personnel, shall be established not later than four years after a weapon system or item of military equipment achieves initial operational capability or is fielded in support of operations.

Hardware – s us tainme nt “a t” the LRU l e ve l :

Hardware sustainment services of the LRIP Manpack Radio at the LRU level consists of repairs that include diagnostic reviews, testing, the replacement of knobs, cover, connectors, antennas, or dials. Sustainment services of these items are necessary to ensure the LRIP Manpack Radio functions properly, either through repair of a broken radio or preventive maintenance to ensure continual operational capability. These sustainment services require the appropriate technical data, as well as the necessary capabilities, such as specific technical knowledge (work instructions, troubleshooting guides), equipment lists for diagnostic, repairs, testing, and materials to develop and staff personnel to sustain the LRIP Manpack Radio, in order to ensure it functions properly or to diagnose a repair that must occur at the LRU level. The Government has the appropriate technical data to sustain at the LRU level because the Government has been given GPR to the Technical Data Package (TDP) (drawings, specifications, Bill of Materials (BOM)) for the LRIP Manpack Radio at the LRU level. Section H.16 of the SDD contract states, "the Contractor shall grant perpetual GPR to the Government in all Technical Data generated , delivered and furnished under this Contract down to the LRU level." However, this technical data itself cannot sustain hardware at the LRU without specific technical knowledge, equipment lists for diagnostic, repairs, testing, and materials to develop and staff personnel to sustain the LRIP Manpack Radio, and currently the Government has not developed these capabilities. The Government is attempting to develop and staff personnel through the planning and development of the P3 plan.

The Government cannot compete the requirement to sustain hardware of the LRIP Manpack Radio at the LRU level. Although the Government can provide the TDP it received under the SDD contract, this technical data itself cannot sustain hardware at the LRU without specific technical knowledge, equipment lists, materials, and staff to develop the capability to sustain the LRIP Manpack Radio. In order to determine if any other contractors have this specific technical knowledge, equipment lists, materials, and staff to develop the capability to sustain the hardware at the LRU level for the LRIP Manpack Radio, market research was performed and verified other contractors do not, as detailed in Section 8 of this document. Therefore , the Government cannot sustain, nor compete the sustainment for the hardware at the LRU level for the LRIP Manpack Radio.

Manpack Radio hardware below the LRU level in conjunction with the OEM. As stated above, a separate contract action will be used to execute the P3 plan when TYAD is prepared to assume responsibility for organic sustainment of the LRIP Manpack Radio.

Software Sustainment:

Software sustainment of the LRIP Manpack Radio includes support activities to maintain a software baseline interoperable with the most current communications systems and equipment in use by the DoD, which includes the delivery of software updates, enhancements , revisions, updates to software configuration management documentation, and updates to software technical documentation, and training materials. The software technical documentation is only completed in conjunction with the sustainment of a software repair or update. Sustainment services of software for the LRIP Manpack are necessary to ensure the LRIP Manpack Radio functions properly, either through repair of broken software systems or updates to the software Operating System (OS) ensure continual operational capability.

Software sustainment of the LRIP Manpack Radio requires technical knowledge, as well as the necessary capabilities, such as diagnostic, software packages, tooling and testing equipment for software sus tainment of the LRIP Manpack Radio in order to ensure the radio and associated OS functions properly. The Government has the technical knowledge down to the LRU level due to being granted GPR to the software code of the LRIP Manpack Radio under the SDD contract. Section H.18 states "the Contractor shall grant perpetual GPR to the Government in all Computer Software and Computer Software Documentation generated, delivered and furnished under this contract down to the LRU Level. The Government can also provide form, fit and function technical data, test data for hardware and software consisting of test plans, procedures and reports, logistics technical data consisting of support recommendations, logistics reporting systems, installation manuals, provisioning parts lists, and instructional performance requirements, IAW the DFARS 252.227- 7013(e)(3) table incorporated into the SDD contract.

While the Government has GPR to the items listed above, these alone will not allow the design capabilities for the Government to compile software and be able to have an Operating Environment (OE) that is usable to provide software sustainment. The Government does not have the additional software components necessary to make a complete software release specific to the LRIP Manpack Radio. These components include the Advanced lnfosec Machine (AIM) chip, Selective Availability Anti- Spoofing Module (SAASM) chip, Core Systems Library (CSL) algorithms and chip, and Multiband Inter/Intra Team Radio (MBITR) Technical data, source code for the libraries that provide the main security application programming interface (API), AIM software , source code, and firmware specifically developed to provide encryption services for the LRIP Manpack Radio, verification documentation to ensure software releases continue to meet requirement related to the security API, special tools , test, and diagnostic equipment specific to the LRIP Manpack Radio. GDMS asserted Limited rights to these components under the SDD contract. These components are specific to the GDMS developed LRIP Manpack Radio for software sustainment.

GDMS has developed specific test, code, repair, software bundles, and diagnostic software equipment, in regards to AIM, SAASM, CSL, and MBITR to work exclusively with the LRIP Manpack Radio software. Without these components software sustainment cannot be accomplished. In order to determine if any other contractors can sustain the software portion of the LRIP Manpack Radio without the source code for the libraries that provide the main security application programming interface (API), AlM software , source code, and firmware specifically developed to provide encryption services for the LRIP Manpack Radio, verification documentation to ensure software releases continue to meet requirement related to the security API, special tools, test and diagnostic equipment specific to the LRIP Manpack Radio software, the Government performed market research, and verified no other contractor is able to perform this service, as detailed in Section 8 of this document. Therefore, the Government cannot sustain, nor compete the sustainment for the software of the LRIP Manpack Radio. Only GDMS can provide the complete software sustainment.

The Government intends to develop and utilize the Software Engineering Center (SEC) at Aberdeen Proving Ground, MD for software sustainment of the LRIP Manpack Radio. The Government does not have the capability to perform the sustainment of software in time to assume the sustainment responsibilities by the expiration of this contract on 31 March 2017. A Software Transition Plan was provided under this contract. The Government needs the time to review and implement the plan to provide sustainment support on an organic basis. It is intended that the organic depot at the SEC will be ready to assume software sustainment responsibilities once this contract has ended. The SEC is not currently ready to assume sustainment responsibilities at the end of the Option Period.

Field Service Representatives (FSRs):

FSRs are responsible for diagnosing system faults, reloading/updating software and configuration files/keys, training, identifying and/or repairing faulty equipment for which repair or replacement is required. The FSR shall assist the unit maintainer where the user's unit maintainer requires assistance in diagnosing system problems and identifying the appropriate corrective action. This support provides the first line of sustainment diagnosing and repairing units in the field. The FSR is able to make first line diagnosis of failures experienced in the field and may be able to render repairs on site, saving time and money. Without this support the Government would need to ship every radio with a hardware or software problem to the OEM for diagnosis and repair, removing these radios from Army units and degrading their capability for communications. Most important, the FSRs will also support the continued Network Integration Exercise (NIE) events that occur at the Department of the Army level.

The NIE will connect soldier, sensors,unmanned aerial vehicles, networked vehicles on•the-move, command posts and other nodesover long distances through satellite and software-programmable radio as part of aneffort to evaluate the progress of its battlefield network. The exercise which is envisioned as a key step withinthe larger developmental trajectory of the Army's battlefield network, is aimed at informingthe developmental cycle. It will place soldiers and technologies in a series of vignettes designed tostress andevaluate the network's multi-node terrestrial layerand broader satellite connectivity. The idea will be to connect network nodes to one another through one seamless battlefield network wherein soldiers, commanders and sensors can share voice, video, data and images across the force in real time.

The Government nor another contractor would be able to provide the same level of support that GDMS can provide because they do not have rights to the technical data package below the LRU. GDMS developed the LRIP Manpack Radio under the SDD contract and asserted limited rights to the technical data package below the LRU level as detailed above. Therefore another contractor would not be able to provide FSR support.

6. Efforts to Obtain Competition: Based on the information in Section 5 above, competition is not feasible. Market Research was performed for this effort, the details of which are in Section 8.

A notice required by FAR 5.201 was published on FedBizOpps on 19 January 2017 stating the Government’s intent to Sole Source. To date, no written responses have been received to the FedBizOpps notice. GDMS is the only known source capable of providing hardware and software sustainment of the LRIP Manpack Radio and the only contractor to respond to this notice. However, all offers received shall be considered.

7. Actions to Increase Competition: In an effort to determine whether the sustainment services could be done using Full and Open competition, the Government sent GDMS an email inquiry on 10 January 2017 asking if GDMS would consider providing the Government either Unlimited rights or GPR to the Technical Data below the LRU. GDMS responded on 10 January 2017 that it will not agree to grant to the Government Unlimited Rights or Government Purpose Rights to technical data below the LRU level for the LRIP Manpack Radio. As a result, the Government cannot competitively acquire sustainment for the LRIP Manpack Radio.

Manpack Radio hardware below the LRU level in conjunction with the OEM. Under the current contract GDMS delivered a P3 Plan. This plan outlines data, equipment, training and support to stand up TYAD to organically sustain and maintain the LRIP Manpack Radio. A separate contract action will be used to execute the P3 plan when TYAD is prepared to assume responsibility for organic sustainment of the LRIP Manpack Radio.

As shown in the above time-line, this transition will run concurrently with this 18 month period of performance extension.

8. Market Research: IAW FAR 15.201(c)(3) a Request for Information (RFI) was posted to the FedBizOpps website on 21 January 2017. Additionally, a notice required by FAR

5.201 was published on FedBizOpps on 19 January 2017 stating the intent to Sole Source.

The RFI was issued in an effort to gauge industry interest and capabilities for this procurement. Specific questions were included to assess industry’s ability to perform repairs (including post repair testing), provided FSRs, produce radio components used in repairs, provide revisions of technical manuals, conduct safety assessment testing, and provide software sustainment. The Government received two (2) responses to this RFI.

GDMS submitted a response on 23 January 2017, stating as the Design Authority of the LRIP Manpack Radio, they can provide continued hardware and software services immediately upon award. submitted a response stating they can provide hardware and software services immediately upon award.

PdM HMS reviewed the capabilities statement, and provided the following statement: Awarding the Manpack Sustainment contract to a company other than the incumbent would not meet the timelines required for maintenance of the radios' mission critical capability. Since the Government currently does not own the data rights to the AN/PRC-155 Technical Data Package below the LRU level, 3rd party vendors would not have the necessary information required to make hardware repair. Award of the sustainment contract to a 3rd party would incur unacceptable technical and schedule risk due to the timelines required to transfer technical information, test assets, and knowledge necessary to stand up a full capability maintenance facility. GDMS is the only contractor with the capabilities to satisfy this requirement within the timeframe of criticality.

9. Interested Sources: In response to the RFI 21 January 2017, the following list of sources expressed an interest in performing the requirements for this action:

Contract Name Interest as Prime or Subcontractor

Contractor Comments

GDMS Prime Can perform both hardware and software services Possess the necessary Technical Data Rights

To date, other than the contractors outlined above, no other sources have expressed interest in the acquisition. Details of the notice required by FAR 5.201 are detailed in Section 6 of this document.

10. Other Facts:

a. Procurement History:

(1) Contract No. W15P7T-04-C-E405 was competitively awarded on 16 July 2004 to GDMS. The contract incorporated an option CLIN that was exercised to sustain hardware and software for the LRIP Manpack Radio via Modification P00312 on 04 January 2012.

(2) Contract No. W15P7T-15-C-0002 was awarded under Other Than Full and Open Competition procedures to GDMS on 29 January 2015. Modification No P00002 added the requirement for the hardware and software sustainment of the LRIP Manpack Radio, with a 12-month base period and a 12-month option period.

The statutory authority permitting Other than Full and open Competition was 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. The Justification and Approval was approved on 04 December 2014 for . In an effort to determine whether the sustainment services could be done using Full and Open competition, the Government sent GDMS an email inquiry on 28 July 2014 asking if GDMS would consider providing the Government either Unlimited or GPR to the Technical Data below the LRU, and at what cost. In response to this, GDMS stated it would stay consistent with the SDD contract language and in-turn did not consider providing these rights.

(3) Contract No. W15P7T-04-C-E405 was competitively award on 16 July 2004 to GDMS. The contract incorporated an option CLIN that was exercised to sustain hardware and software for the LRIP Manpack Radio via Modification P00312 on 04 January 2012. GDMS developed the specific TDP for the Manpack Radio with its own funding. GDMS asserted rights to the TDP below the LRU level. The Government was only given GPR for technical data for the hardware down to the LRU level IAW H.16 of this contract. The Government has repeatedly requested that GDMS provide the Government Unlimited or GPR and they continue to decline.

As such, GDMS is the only contractor with the technical data rights required to perform sustainment below the LRU level.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

23 February 2017

Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

23 February 2017

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost/price to the Government for this contract action will be fair and reasonable based on cost/price analysis, cost realism, the Independent Government Cost Estimate, and negotiations. Additionally, the contractor is required to submit certified cost or pricing data in accordance with FAR 15.403.

Date: 27 February 2017

14. Contracting Officer Certification: The requirement herein described is a valid requirement of the activity named in section 1 of this document. The technical and requirements information contained in this document represent the minimum needs of the Government. The only way to satisfy this requirement is by limiting competition as described herein.

Name: Patricia M. Cuff Date: 27 February 2017

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the increase to the number of hardware repairs and an extension the period of performance, from 31 March 2017 to 30 September 2018, of the LRIP Manpack Radio Sustainment Contract No. W15P7T-15-C- 0002, on an other than full and open competition basis, pursuant to the authority of 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition. If the proposed contract action is not completed within 180 days from the date below or if there is a change to the substance of this Exception to Fair Opportunity that does not meet the AFARS 5106.303-1-90 conditions for an amended J&A, the Contracting Officer shall document these changes in a memorandum for file and obtain revalidation from the approval authority below.

Command Advocate for Competition:

Typed Name: Cynthia A. Jackson