Redacted JA GETS Maintenance W31P4Q23R0061_Final_afc_Redacted 24 Mar 2025.pdf

Control Number: LTB-J&A24-1759

JUSTIFICATION REVIEW DOCUMENT

FEDERAL ACQUISITION REGULATION (FAR) PART 6

JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: General-Purpose Electronic Test Station (GETS)-1000 Program of US field maintenance and logistical support to maintain Phase-Array Tracking to Intercept of Target (PATRIOT) GETS-1000 Automatic Test Equipment (ATE) systems;

ancillary equipment and associated test hardware; and software and test accessories in operational condition.

Authority: The statutory authority permitting other than full and open competition is 10 United States Code (U.S.C.) 3204(a)(1) as implemented by FAR 6.302-1(a)(2)(iii)(A) and (B) entitled “Only one responsible source and no other supplies or services will satisfy agency requirements.”

Amount:

Prepared By: DSN:

Title: Contract Specialist Date: 25 March 2024

E-mail:

Contracting Officer:

Typed Name: DSN:

Date Reviewed: 25 March 2024 E-Mail:

Technical Representative:

Typed Name DSN:

Title: Contracting Officer Representative Date: 25 March 2024

d. Based on economic and technical analysis, the cost to qualify a second source to promote a competitive procurement would require a minimum cost to the US Government of to duplicate required Government Furnished Equipment (GFE) and provide training. In addition, the US Government would be required to purchase proprietary data rights from Leidos in order to compete this contract action.

Procurement of proprietary data rights would be required to promote competition because the GETS Programmable Interface Unit (PIU) is a proprietary General Electric design for which Leidos Innovations Corporation owns proprietary rights. These rights were held by Lockheed Martin Services until the transfer of its Information Systems and Global Services group (including the GETS 1000 program) to Leidos in 2016. The PIU controller is an assembly containing four proprietary VXI circuit cards for control and switching of the signal and measurement circuits. Access to PIU proprietary data is essential to produce and maintain the GETS system and TPS, and associated maintenance and technical assistance. Leidos is the only contractor with the technical expertise as well as the documentation needed to maintain and upgrade this equipment and developing TPS. The documentation contains a restricted legend limiting its use to the government verification and validation function only.

The minimum duplication of cost includes procuring new test equipment, test accessories, ancillary equipment and TPS, training of TPS engineers, system software engineers and maintenance personnel, procuring tooling to manufacture TPS and other GETS-1000 unique hardware, developing a manufacturing data package and transferring manufacturing capability. These costs are not expected to be recovered over the remaining life of the system.

In addition, the time required to fabricate equipment and train a second source will delay required delivery of equipment by at least four years and will result in a break in in-country, on-site technical support by at least four years. Qualifying a second source will also require initiating a new sole-source US Government-funded contract action to fabricate additional test equipment and provide training for a second source. Once funds are available, developing and awarding a new contract may also delay funded, in-process, and pending US and FMS GETS equipment and services procurements by at least four years.

Procurement and delivery delays incurred in qualification of another contractor would have serious impacts on the US and international partners’ ability to maintain PATRIOT weapon systems in operational condition. GETS equipment is PATRIOT-unique depot test equipment. Therefore, no other type of hardware can satisfy the Government’s need.

This cost is not expected to be recovered over the remaining life of the system. In addition, diverting contractor resources necessary to train and furnish a second source with required equipment and training may delay GETS-1000 deliveries and services on current US and FMS contracts up to 36 months.

e. Based upon the aforementioned, no other alternative can satisfy the Government’s need. Disapproval of the J&A will result in delays in the ability to procure US field maintenance and logistical support required to maintain PATRIOT GETS-1000 ATE systems; the antenna element test stations; power supply test stations; ancillary equipment and associated test hardware; and software and test accessories in operational condition in CONUS as well as mobile GETS and contingency deployment support for OCONUS locations in Korea, Europe and Southwest Asia. A lapse in in this field maintenance and logistical support will impact GETS system maintenance and may significantly reduce PATRIOT operational readiness.

6. Efforts to Obtain Competition:

a. Effective competition. The reasons cited in paragraph 5 preclude offers being solicited from contractors other than Leidos. Leidos is the only contractor with the technical knowledge and expertise needed to fulfill this requirement in a timely and cost-effective manner without duplication of cost to the Government that is not expected to be recovered through competition. In addition, a Request for Information (RFI)/Sources Sought for the proposed acquisition was published via SAM.gov in accordance with FAR 5.201 on 04 May 2023 for 15 business days. This effort will be synopsized via SAM.gov on or about April 2024.

b. Subcontracting Competition. The solicitation and resulting contract will include the clauses FAR 52.244-5, Competition in Subcontracting, FAR 52.219-8, Utilization of Small Business Concerns, and DFARS 252.219-7004, Small Business Subcontracting Plan (Test Program). Interested sources, including small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small, disadvantaged business, and women-owned small business concerns which are identified through the synopsis will receive due consideration as required by law. Applicable clauses pertaining to subcontracting will be included in any resultant contracts.

7. Actions to Increase Competition: For reasons cited in paragraph five, there is no alternate qualified source that can provide the GETS-1000 program requirements. Any duplication of effort would result in an increase in overall program costs and is not expected to be recovered through competition. A business case analysis has shown that development of another qualified source for this procurement would not be cost effective at this point in the PATRIOT system life cycle. All appropriate small business and subcontracting clauses will be incorporated into the resulting contract.

Leidos is encouraged to compete subcontracts when it is reasonable to expect that competition is feasible and will produce equal or better performance with components at lower prices. Leidos is also required to submit and adhere to an approved small business subcontracting plan.

8. Market Research: Market research, in accordance with (IAW) FAR Part 10, for the GETS-1000 program requirements, was conducted on or about July 2023. This is a military-unique requirement for US and FMS customers and is not available in the commercial marketplace. No non-developmental items or commercial equivalents exist for the equipment and associated maintenance and support services. In addition, Lockheed Martin owns proprietary rights to the GETS-1000 design and access to this data is essential for maintenance and logistical support of fielded equipment. The cost and delays incurred in qualification of another contractor would have a serious impact on the US and FMS customers’ ability to maintain PATRIOT missile systems in operational condition. In addition, diverting contractor resources necessary to train and furnish a second source with required equipment would delay deliveries and services on current US and FMS contracts. Federal Acquisition Regulation (FAR) Part 12 will not meet the needs of this requirement and will not be utilized.

9. Interested Sources: A Request for Information notice required by FAR 5.201 was published in SAM.gov on 04 May 2023. A response from Leidos, Inc. was received on 16 May 2023. A response from Lockheed Martin was received on 18 May 2023.

However, based on Lockheed Martin’s response, the following requirements identified in the RFI cannot be met:

a. Procurement of proprietary data rights would be required by Lockheed Martin because the GETS Programmable Interface Unit (PIU) is a proprietary General Electric design for which Leidos Innovations Corporation owns the proprietary rights.

b. While Lockheed Martin is highly qualified in performing maintenance and logistical support for Navy and Air Force ATE, no current or recent GETS ATE maintenance and technical expertise was identified. The subject matter expertise required to operate and maintain the GETS-1000 is unique from other military ATE systems, and Lockheed Martin did not address how this knowledge will be acquired and validated prior to the beginning of the contract.

c. The RFI response does not mention a need for GFE. On-site GETS test stations, spare instruments, and other commercial and noncommercial GETS-specific equipment is essential to a contractor’s ability to provide the timely troubleshooting, validation, and resolution of reported test station and associated equipment failures necessary to meet the operational capability requirement.

d. Excess GETS-specific GFE is not available to provide to a second contractor while also meeting other current US and FMS GETS contract obligations. New contract vehicles and additional USG funding will be required to provide an initial duplicate set of GETS equipment, as well as to provide continuous upgrades and changes to GETS ATE GFE components and technical data. For this reason, it does not appear that Lockheed Martin will be able to meet a January 2025 contract start date.