CUBRCJ ARedactedASFI.pdf

Source Selection Information - See FAR 3.104 For Official Use Only - Control No: O 165-13

JUSTIFICATION AND APPROVAL

FOR OTHER iHAN FUL.l ANO OPEN COMPETITION

AERO-THERMAL AERO-OPTICS EVALUATION CENTER (AAEC) SUPPORT

1. Contracting Agency: Army Contracting Command - Redstone, CCAM-RD-D, Redstone Arsenal, AL 35898.

2. Description of Action: This action will result in the award of a new follow-on cost plus fixed-fee (CPFF) contract with Calspan University of Buffalo Research Center (CUBRC) Inc. This will be a follow-on 60-month indefinite quantity indefinite delivery contract. The anticipated type of funds will be: Research, Development, Test & Evaluation (RDT&E) and Foreign Military Sales (FMS). FMS funds are not source directed.

3. Description of Supplies/Services: This procurement is for operation, maintenance, and test support services for the AAEC, which is a Government-owned facility located in Buffalo, New York. This acquisition will provide testing, engineering, and simulation support to the System Simulation and Development Directorate (SSDD) to accommodate customer requirements, including the Army, Navy, Air Force, DARPA, and NASA. Work includes the testing of missile interceptor hardware and the technology areas of aero-optics, aero-thermal, aero-propulsion, and aerodynamics.

Projects require wind tunnel speeds of Mach 18 or higher, and the simulation of upper stratosphere conditions. The contract period of performance for this effort will be sixty

(60) months. The minimum quantity will be 91 labor hours and $2, 190 in burdened Other Direct Costs (ODC). The total estimated cost and maximum ceiling for this procurement is $34,997,791 for 113,995 labor hours estimated at $17, 119,066 with $12,233, 100 in material, $58,837 in travel, and $5,586, 788 in ODC costs. The contract number will be W31 P4Q-14-D-0015.

4. Authority Cited: The statutory authority permitting other than full and open competition is 10 U.S.C. §2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) subpart 6.302-1, "Only One Responsible Source and No Other Supplies and Services Will Satisfy Agency Requirements."

5. Reason for Authority Cited:

a. The proposed contractor is: CUBRC, Inc., 4455 Genesee Street, Buffalo, NY, 14225, CAGE code 8Y166. The acquisition required for the operation, maintenance, and associated support must be procured sole source from CUBRC, Inc. As a highly specialized contractor, CUBRC, Inc. is the only responsible source capable of providing this effort.

b. Aero-optical research in the Army was born out of the necessity to detect and discriminate enemy targets using a large infrared sensor mounted in an aircraft. Aviation and Missile Research, Development, and Engineering Center (AMRDEC) scientists led this effort. During this effort, the need to measure the aero-optical effects in a ground

Source Selection Information - See FAR 3.l 04 For Official Use Only

Source Selection Information - See FAR 3.104 For Official Use Only-Control No: 0165-13 test facility was recognized. An effort to achieve this was first made in a wind tunnel facility. This effort attempted to make measurements in a low speed facility that was used to simulate the flight of the aircraft in which the sensor was mounted. These tests were not completely successful because of the turbulence and mechanical vibration inherent in the facility at the California Institute of Technology in Pasadena, CA. Further attempts to make aero-optics measurements in this facility were abandoned.

c. It was then concluded that a shock tunnel might provide the requisite environment for the interceptor missile while operating at acceptable vibration limits.

Therefore, it was decided to investigate the feasibility of this idea at the research level.

Hence, Missile Defense Agency (MDA) turned to the Air Force Office of Scientific Research (AFOSR) for this effort. After an extensive investigation by AFOSR, it was concluded that only one source was capable of developing a shock tunnel facility for aero-optics evaluation. That source was CUBRC. A sole source contract was subsequently issued to CUBRC by AFOSR to produce a research facility capable of aero-optics measurements.

d. MDA obtained the technical services of AMRDEC personnel to complete this facility and make it usable for missile development with CUBRC. This was initially accomplished under a sole source MDA contract, under which an AMRDEC scientist served as the Contracting Officer's Representative. This work was very successful and as a result was transferred to the Aviation and Missile Command (AMCOM) to complete and apply to interceptor missiles.

e. The facility design and construction was completed and operation initiated under an existing AMCOM contract. Thus, the AAEC facility was completed and applied to aero optics research for the first time. This fa1cility at CUBRC, as initially opened and subsequently expanded, is unique in the world. There is no other facility in the world that is devoted to aero-optics evaluation. It is unique, both in the test environment capabilities and the instrumentation capabilities.

f. CUBRC, Inc. is the only source that has the high-speed, high-pressure, aero optics, aero-thermal, aero-propulsion, and aerodynamics hypersonic testing expertise.

They have unique in-house instrumentation and sensor expertise, which allow for capturing more data than other contractors. They have the specialized expertise for testing at high mach speeds that no other contractor has.

g. There is no other facility in the world that is devoted to aero-optics evaluation. As the developer of the research facility capable of aero-optics measurements, CUBRC, Inc. is the only source that has the expert knowledge necessary for operation of the AAEC. CUBRC, Inc. has performed this requirement since the facility was conceived in 1989. Since this is a unique facility, there are no other contractors capable of operating this facility. No formal documentation exists from which any other source could provide the required services. Another source could not be brought on board to operate the AAEC. The AAEC is not located on Government property but occupies leased space from a private company, which precludes obtaining

Source Selection Information - Sec FAR 3.104 For Official Use Only

Source Selection lnfonnation - See FAR 3.104 For Official Use Only- Control No: O 165:.JJ.

an alternate supplier for this requirement. The facility would have to be moved to another location before another source could operate the facility. Moving this facility would be very complicated and costly. The facility would be out of service for an extended period o!,time while the new operation was put into place. It is estimated that a minimum of -and ... would be required to accomplish this. Based upon data from the National Facility Study and RAND, it is estimated that it would cost at least - and to build a new wind tunnel. "Construction cost for the large ~nd transonic facilities proposed in the National Facility Study ran in the

. (RAND-An Updated of the Nation's Long-Term Strategic Needs for NASA's Aeronautics Test Facilities). Moving the existing windtunnel or building a new windtunnel would be a duplication of costs that would not be recovered through competition. Therefore it is cost-effective that the AAEC remain with CUBRC, Inc.

6. Efforts to Obtain Competition: Other wind tunnel organizations were reviewed, such as:

• Stichting Duits-Nedertandse Windtunnels/Stiftung Deutsch- Niederlandische Windlanale (DNW), CAGE: HE859, Voorsterweg 31, Marknesse, Netherlands, 8300AD

• Ambient Air Technologies, LLC. CAGE Code: 4LJ78, 2506 Zurich Drive, Fort Collins, Colorado, 80524 - 1474

• Aerolab LLC, CAGE Code: 21977, 9580 Washington BLVD North, LAUREL, MD, 20723-1372

• BAE Systems Global Combat Systems, LTD, NCAGE Code: KB237 Barrow-In Furness, Cumbria, La141af, UK

• Qinetiq, LTD, NCAGE Code K0379, Cody Technlogy Park, Farnborough, Hampshire, gu14olx, UK

• AeroDyn Engineering, CAGE Code 1Y5M6, 1919 S Girls School Road, Indianapolis IN, 46241, None of the organizations reviewed had the required capabilities. Demand for aerospace wind tunnel testing is limited. Each wind tunnel is custom-built for the organization's unique needs. No organization was found with the unique expertise to build a hypersonic wind tunnel. This action will be synopsized on or about 30 December 2013.

7. Actions to Increase Competition: SSDD is constantly surveying the market for alternatives for testing platforms where economically feasible. While circumstances do not currently permit full and open competition for this acquisition, the Government will continue to search the marketplace to ensure that the AAEC continues to be the most advantageous technology to meet the Government's needs. Future needs will be re assessed, to include consideration for the use of other wind tunnels, if CUBRC's technology becomes obsolete and needs to be replaced, and if another wind tunnel can meet the performance requirements.

Source Selection Information - See FAR 3.104 For Official Use Only

Source Selection Infonnation --- See FAR 3, 104 For Official Use Only- Control No: 0165-13

8. Market Research: The market research was performed in accordance with FAR Part 10. SSDD Engineers, aerospace engineer, and._

- aerospace engineer, conducted continuing market research from 15 Jan 2013 to 9 May 2013 to determine if any prospective vendors possess the capability to support this requirement. Use of commercial and non-developmental items is not feasible for this acquisition. The AAEC was designed and built by CUBRC, Inc. As found through the market research, CUBRC, Inc. personnel are the only source of operation for the AAEC. Furthermore, tremendous forces are released during operation of the AAEC LENS shock tunnels and injudicious operation may be catastrophic. The research techniques used consisted of reviews of vendors' literature; reviews of trade publications; face!to-face briefings; as well as observing and discussing vendors' evolving capabilities and products at exhibitions, symposia, and trade shows. The market research identified no other viable sources capable of performing the required operation, maintenance, and test support services for the AAEC. This requirement was placed into the AMCOM Competition Advocates Shopping List (CASL} on 15 Jan 2013, which provides acquisition information to industry and is available to any contractor.

FAR Part 12 Acquisition of Commercial Items will not be utilized.

9. Interested Sources: To date, no other sources have expressed an interest in this acquisition. Notices required by FAR 5.201 will be published in FedBizOpps on or around 30 December 2013, and any proposals received shall be considered.

10. Other Facts/ Other Factors:

a. Procurement History:

(1) Contract AFOSR F49620-91-C-0026, for Preliminary Design Study Associated with the Experimental Measurements of the Aero-Optics Characteristics of Hypersonic Configurations was awarded to CUBRC with a period of performance of 10 April 1991 through 9 April 1994. The award was under the authority of 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. (Contract amount unknown, old contract awarded by other agency)

(2) Contract AFSOR F49620-91-C-0085, for Validated Aero-Optic Facility Program was awarded to CUBRC with a period of performance of 10 August 1991 - 9

· April 1994. The award was under the authority of 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. (Contract amount unknown, old contract awarded by other agency)

(3) Contract SDI084-93-C-0001, for Validation, Testing and Operation of the AAEC/LENS was awarded to CUBRC with a period of performance of 21 May 1993 through 20 May 1998 in the amount of $22, 195,863. The award was under the authority of 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. This contract was

Source Selection Information - See FAR 3.104 For Official Use Only - Control No: Q.1.§HJ.

transferred to AMCOM in 1993 and the period of performance was subsequently extended through contract modification to 30 Oct 1998.

-~ (4) Contract DAAH01-98-C-R196 for Validation, Testing and Operation of the AAEC/LENS was awarded to CUBRC with a period of performance of 25 Aug 1998 through 31 Aug 2003 in the amount of $49,819,005.00. This contract was subsequently extended through contract modification to 28 Feb 2004. The award was under the authority of 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} Contract W31P4Q-04-C-R095 for Validation, Testing and Operation of the AAEC/LENS was awarded to CUBRC with a period of performance of 27 Apr 2004 through 31 December 2008 in the amount of $49,094,056.00. Modification number P00057 of W31 P4Q-04-C-R095 extended the period of performance to 30 June 2009 in order to complete previously funded effort. The award was under the authority of 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.

(6) Contract W31P4Q-08-D-0059 for Validation, Testing and Operation of the AAEC/LENS was awarded to CUBRC with a period of performance of 30 Sep 2008 through 30 Sep 2013 in the amount of $49, 135,870.00. Modification number P00011 of W31P4Q-08-D-0059 extended the period of performance to 30 March 2014.The award was under the authority of 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.

(7) There are no prior awards that were accomplished by full and open competition.

(8) There have been no unusual patterns revealed by the procurement history.

b. Acquisition Data Availability:

No technical data packages, technical specifications, etc .. have been prepared since there is only one responsible source for the services associated with this facility, which is unique to the world.

c. Subcontracting Competition: FAR 52.219-8, "Utilization of Small Business Concerns," FAR 52.244-2, "Subcontracts," and FAR 52.244-5, "Competition in Subcontracting" will be included in the solicitation and the resultant contract.

Source Selection Information - See FAR 3.104 For Official Use Only ···· Control No: O 165-13

11. Technical/Requirements Certification: I certify that the supporting data, under my cognizance, which are included in the J&A, is accurate and complete to the best of my knowledge and belief.

NAME:

TITLE:

12. Fair and Reasonable Determination: I hereby ermine that the anticipated cost for this contract will be fair and reasonable. This determination will be based on the Independent Government Estimate, cost or price analysis, technical evaluation, and verification of rates. Historical data will also be utilized. Certified cost and pricing data will be obtained.

13. Procuring Contracting Officer Certification: I certify that this J&A is accurate and complete to the best of my knowledge and belief .

NAME: .-. OATE: ____ 2_01_3_NO_V_1_3 ____ _

I I ·-----

TITLE: ___________ _

Source Selection Information ·· See FAR 3.104 For Official Use Only

Source Selection Information - See FAR 3.104 For Official Use Only - Control No: O 165- J 3

APPROVAL

Based on the foregoing justification, I hereby approve procurement of operation, maintenance, and test support services for the AAEC, which is a Government-owned facility located in Buffalo, New York. This acquisition will provide testing, engineering, and simulation support to the SSDD to accommodate customer requirements, including the Army, Navy, Air Force, DARPA, and NASA. Work includes the testing of missile interceptor hardware and the technology areas of aero-optics, aero-thermal, aero-propulsion, and aerodynamics. Projects require wind tunnel speeds of Mach 18 or higher, and the simulation of upper stratosphere conditions. The .. contract period of performance for this effort will be sixty (60) months. The minimum quantity will be 91 labor hours and $2, 190 in burdened Other Direct Costs (ODC). The total estimated cost and maximum ceiling for this procurement is $34,997,791for113,995 labor hours estimated at $17, 119,066 with $12,233, 100 in material, $58,837 in travel, and $5,586,788 in OOC costs on an other than full and open competition basis to CUBRC, Inc. 4455 Genesee Street, Buffalo, NY, 14225, CAGE code 8Y166, pursuant to the authority of 10 USC 2304(c)(1), as implemented by FAR 6.302-1 "Only one responsible source and no other supplies or services will satisfy the agency requirements," subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

R BECCA E. WEIRICK

Principal Assistant Responsible for Contracting