REDACTED_MUOS_J A_P00008.docx

Control No. JA-B-16-044

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity:

US Army Contracting Command Aberdeen Proving Ground (ACC-APG) 6001 Combat Drive Aberdeen Proving Ground, Maryland 21005-1846

2. Description of Action:

Pricing: |_| Firm-Fixed Price |_| Time & Materials |X| Cost Type

Funds: |_| Operations and Maintenance, Army (OMA) |_| Other Funds: Other Procurement Army (OPA) |_|Research, Development, Test & Evaluation (RDT&E) |_| Other: Ceiling change only.

Fiscal Year of Funds: N/A

3. Description of Services:

The total estimated value for this action is $0.00

Project Manager Tactical Radio (PM TR) is requesting a modification to Contract No. W15P7T-15-C-0002, entitled “Low Rate Initial Production (LRIP) Manpack Radio (MP) Sustainment” with General Dynamics C4 Systems (GDC4S) as the prime contractor. This modification will extend the period of performance for Contract Line Item Number (CLIN) 0003 from 30 Nov 2015 to 29 Jan 2016. This extension is needed to allow sufficient time to complete updates and deliverables that are required before PM TR can take final delivery of the Mobile User Objective System (MUOS) waveform. This extension will also allow adequate time to port fixes and issues discovered in the MUOS Multiservice Operational Test & Evaluation (MOT&E) and Customer Test (CT) events on the 5.3 build line, port MUOS MIL_STD-188-187 "Do No Harm" fixes developed by the Navy Communications Satellite Program Office (PMW-146) onto the 5.3 build line, port additional MUOS MIL_STD-188-187 fixes developed by PMW-146 onto the 5.3 build line required for full waveform conformance, deliver software engineering drop of 5.3 containing the MUOS fixes, and deliver report of outstanding Problem Change Reports (PCR) tracked by PMW-146 that may need to be ported onto the 5.3 build line during follow-on sustainment. As of 30 Nov 2015, there will be approximately $2,120,107.00 of funding remaining on CLIN 0003. The anticipated average burn rate for the period of 1 Dec 2015 – 29 Jan 2016 is approximately $208,251.00 per week. As such, current funding will be adequate to continue performance through 29 Jan 2016 with no increase to the current ceiling price.

4. Authority Cited:

|X| Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. In accordance with 10 U.S.C. 2304(c)(1), and FAR 6.302-1 |X|FAR 6.302-1(a)(2)(ii) - Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in -- |_| (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or |X| (B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 253 (d)(1)(B).

5. Reason for Authority Cited:

The base contract, W15P7T-15-C-0002, was awarded as a sole source effort on 29 Jan 2015. The incumbent prime contractor, GDC4S, has data and technical rights for the current hardware design and software source code of the MP. The Government only owns the data rights down to the Line Replaceable Unit (LRU) level but does not have the current capability to provide organic sustainment support.

6. Actions to Increase Competition:

Market Research (see paragraph 7): A FedBizOpps notice has not been posted as per exception in FAR 5.202(a)(11). The proposed contract action is made under the conditions described in FAR 16.5 and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203.

In an effort to determine whether the MUOS Development Finalization could be done using Full and Open competition, the Government posted a notice, as required by FAR 5.201, on FedBizOpps on 23 Sep 2014 stating the intent to Sole Source. No written responses were received on the FedBizOpps notice. GD4CS is the only known source capable of providing hardware and software sustainment necessary for the MUOS Development Finalization.

There is no follow-on to the MUOS Development Finalization effort. Furthermore, the Government plans for future sustainment services to be transferred to Government responsibility per Title 10, U.S.C, Section 2464, and DoD Directive 4151.18.

7. Market Research:

Market research was not performed for this effort as this is a continuation of existing services and not an exercise of an option or a new order. All costs for the continued CPFF work will be consistent with those already negotiated and deemed fair and reasonable under the current sustainment effort. There will be no new cost categories for the continuation of the effort. GDC4S offers the best value for the Government.

8. Procurement History:

a. Acquisition Data Availability: The Government possesses a Performance-Based Work Statement.

b. Subcontracting Competition: FAR 52.244-2, Subcontracting, and FAR 52.244-5, Competition in Subcontracting are included in Contract Number W15P7T-15-C-0002 and are applicable to this action.

c. Follow-on Contracts: As mentioned in paragraph six of this document, there is no follow on to the MUOS Development Finalization effort and the Government plans for future sustainment services to be transferred to Government responsibility per Title 10, U.S.C, Section 2464, and DoD Directive 4151.18

9. Additional Information to support the justification:

The MUOS Development Finalization requires specific software components that are necessary to have a usable Operating Environment which is essential to complete the MUOS Development. GD4CS has asserted limited rights to these components and stated that they will not grant any rights to this Technical Data.

a. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Not Applicable – effort was not publicized.

b. A statement of the actions, if any, the agency may take to remove or overcome any

Not Applicable – the Full Rate Production contract will be Full and Open competition.

10. Technical/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.

Signature:

Date:

11. Fair and Reasonable Price Determination:

I hereby determine that the anticipated cost to the government for this contractual action is fair and reasonable, based on the utilization of existing contract prices which were negotiated, and incorporated within the basic contract at the time of original award

Signature:

Date:

12. Contracting Officer’s Certification:

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Signature:

Date: