Justification FAR Part 6 (JA) NINJA Sustainment_Signed.pdf

CUI//SP-PROCURE//FEDCON

Control Number:128002

CUI

JUSTIFICATION REVIEW DOCUMENT

FAR Part 6 Justification and Approval for Other than Full and Open Competition

Program/Equipment: NINJA (Negation of Improvised Non-State Joint Aerial-Threats) Counter-sUAS System Sustainment and Support Services managed by the 128th Security Forces Squadron (128 SFS), 128th Air Refueling Wing (128 ARW), General Mitchell Air National Guard Base, Milwaukee, WI.

Authority: Title 10 United States Code (U.S.C.) §3204(a) as implemented in DFARS 206.103-4(c), AFARS 5106.103-170(a)(1), and Federal Acquisition Regulation (FAR) RFO 6.103-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

Amount: $110,400.00

Prepared by: MSgt Cody Beran Phone: 414-944-8420

C-sUAS Program Manager Date: 22 July 2026 E-mail: cody.beran@us.af.mil

Contracting Officer: Mr. Dionne Holloway Phone: 414-944-8234

Contracting Officer Date: 29 July 2026 E-mail: dionne.holloway.2@us.af.mil

Technical: MSgt Cody Beran Phone: 414-944-8420

Requirements: MSgt Cody Beran Phone: 414-944-8420

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

Program Manager/Program Executive Officer:

Ryan T. Peters, Capt, WI ANG Phone: 414-944-8759 Commander, 128 Security Forces Squadron E-mail: ryan.peters.8@us.af.mil

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Requiring Activity: 128th Security Forces Squadron (128 SFS), 128th Air Refueling Wing (128 ARW), Wisconsin Air National Guard, General Mitchell ANGB, 1919 East Grange Avenue, Milwaukee, WI 53207.

2. Contracting Activity: 128 MSG/MSC, Base Contracting Office, Wisconsin Air National Guard, General Mitchell ANGB, 1919 East Grange Avenue, Milwaukee, WI 53207.

3. Description of Action:

Request Type: Approval to award a new, noncompetitive sole-source delivery order.

Contractor: Black River Systems Company, Inc.

Address: 162 Genesee Street, Utica, NY 13502 (CAGE: 1E8L6) Contract Vehicle: GSA Federal Supply Schedule (FSS) Contract 47QSWA23D00A9 Total Estimated Value: $109,845.82 (Rounded to $110,000 for JRD) Contract Type: Firm-Fixed-Price (FFP) Period of Performance: October 1, 2026 through September 30, 2027 (12-Month Base Period) Funding Type: Fiscal Year 2027 (FY27) Operations and Maintenance (O&M) Air National Guard Funds.

4. Description of Supplies/Services:

This requirement is for annual software/helpdesk sustainment and extended hardware warranty support for the fielded NINJA (Negation of Improvised Non-State Joint Aerial- Threats) Counter-sUAS system deployed at General Mitchell ANGB. To maintain tactical airspace readiness, the system must remain continuously functional to counter unauthorized commercial-off-the-shelf (COTS) drone threats. This requirement includes unique system and hardware support.

Item Quantity Delivery Date Estimated Unit Price

Estimated Value

NINJA

GEN2

System Annual Suport

1 Upon Purchase $40,300 $40,300

Ninja Gen2 Hardware Warranty Extension

1 Upon Purchase $44,800 $44,800

Ninja TRx System Annual Support

1 Upon Purchase $14,300 $14,300

Ninja TRx Hardware Warranty Extension

1 Upon Purchase $11,000 $11,000

5. Authority Cited: Title 10 United States Code (U.S.C.) §3204(a) as implemented in DFARS 206.103-4(c), AFARS 5106.103-170(a)(1), and Federal Acquisition Regulation (FAR) RFO 6.103-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

6. Reason for Authority Cited:

a. Background: The NINJA C-sUAS is a highly specialized, military-unique system developed specifically for the Department of Defense. Black River Systems Company, Inc. is the original designer, sole software developer, and intellectual property (IP) owner of the NINJA system architecture. No other vendor possesses the source code, technical data packages (TDPs), specialized test benches, or factory certifications required to support this equipment. Crucially, the NINJA system at General Mitchell ANGB operates within an isolated cyber enclave completely disconnected from the Air Force NIPR/SIPR networks to preserve operational security. Consequently, routine software maintenance, threat library upgrades, and initial diagnostics cannot be pushed over the network. Instead, the local 128 SFS unit Point of Contact (POC) must manually load software updates and execute system configurations. This manual sustainment model relies entirely on Black River Systems' proprietary 24/7/365 Customer Helpdesk. Only Black River's factory-certified engineers have the technical expertise required to provide real-time, step-by-step telephonic and web-portal troubleshooting guidance to the local military POC. Without this continuous helpdesk support, the unit cannot configure SDR baselines, load vital threat library updates, or resolve immediate operational system faults.

Furthermore, the extended hardware warranty is equally critical and sole-source in nature. If physical components of the NINJA Gen2 or TRx systems fail (such as software-defined radio arrays, antennas, receivers, or processing units), repairs require specialized, proprietary OEM test equipment and proprietary manufacturing schematics owned exclusively by Black River. Only Black River Systems can manage the RMA process, certify replacement Line Replaceable Units (LRUs), and execute factory-level repairs. No other commercial vendor can legally access the proprietary software baseline, provide the required helpdesk troubleshooting guidance, or perform authorized hardware repairs. Background:

The NINJA Counter-sUAS system is a joint, federally mandated defense system transitioned out of the Air Force Research Laboratory (AFRL) to protect Department of the Air Force and Joint assets. Black River Systems Company, Inc. is the original equipment manufacturer (OEM), sole developer, and sole intellectual property owner of the NINJA system's baseline architecture, software libraries, and proprietary radio frequency (RF) threat definitions.

b. Alternatives:

Conduct a Competitive Acquisition: This alternative is not viable. Since Black River Systems Company possesses exclusive proprietary rights to the NINJA system software, other contractors cannot access the threat libraries or perform certified repairs. Any competitive solicitation would yield no responsive bids or result in technically deficient proposals that threaten base defense.

In-House Government Sustainment: The Government does not possess the proprietary source code, specialized test benches, or engineering data required to sustain the software or repair the hardware components organically.

Discontinue Support / Deactivate System: This alternative is unacceptable.

Discontinuing sustainment would result in immediate system degradation.

Outdated threat libraries would fail to detect newly engineered commercial drones, rendering the C-sUAS shield ineffective and violating the base’s zero-fail defense mission.

c. Impact if not approved: If this Limited Sources Justification is not approved, the

128 ARW will be unable to secure technical support or hardware coverage for its counter-drone defense system. Because sUAS threats evolve rapidly, the system will become obsolete within months without continuous software updates. Any physical hardware failure would result in immediate, indefinite system downtime. The lack of a functioning C-sUAS capability creates an unacceptable security risk to Wisconsin Air National Guard personnel, critical tanker aircraft, and federal Protection Level (PL) assets.

7. Efforts to Obtain Competition: The Contracting Officer will publish the required notice on SAM.gov in accordance with GSAR 538.7104-3 and FAR 8.405-6(a)(2). Any unsolicited bids, capability statements, or proposals received as a result of this posting will be fully evaluated by the Contracting Activity.

a. Effective competition: Based on current market research and the proprietary restrictions of the NINJA system, no effective competition is anticipated for this specific requirement.

b. Subcontracting competition: The contractor is a recognized small business under NAICS 541715. Black River Systems Company performs all software maintenance and engineering troubleshooting in-house using proprietary staff, minimizing subcontracting opportunities for these specialized services.

8. Actions to Increase Competition: The 128 SFS and the National Guard Bureau will continue to monitor the market to identify emerging counter-drone technologies. If the Air National Guard transitions to an open-architecture C-sUAS system in the future, competitive acquisitions will be utilized to the maximum extent practicable. However, for the current fielded NINJA system, subsequent sustainment actions must remain sole-source.

9. Market Research: Market research was conducted by the 128 SFS C-sUAS program manager in July 2026. A search of the GSA Advantage portal confirmed that Black River Systems Company holds the primary, sole-source schedule contract (47QSWA23D00A9) containing these specialized counter-drone warranty and sustainment line items. The search verified that no other vendors are authorized by Black River Systems or the Department of the Air Force to distribute or service these products. The pricing listed under the GSA Schedule represents established commercial-item rates determined to be fair and reasonable.

10. Interested Sources: To date, no other sources have written to express interest.

11. Other Facts: General Mitchell ANGB maintained continuous support for this system of systems until December 31, 2025. The 128 Security Forces Squadron has attempted to purchase sustainment three times. While not awarded, the pricing and contract history over the past three fiscal cycles show the following progression:

a. Procurement history. The 128 SFS has not had independent procurement of the sustainment packages. An original 3 year sustainment was included in the original purchase.

b. Other facts. N/A

12. 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.

MSgt Cody Beran C-sUAS Program Manager

13. 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.

MSgt Cody Beran C-sUAS Program Manager

14. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action represents the best value and is fair and reasonable in accordance with GSAR 538.7102-1(d)(2), GSAR 538.7104-3 (GSA Class Deviation RFO-2025-FSS-GSAR 538), and FAR 15.404-1. Pricing for the required supplies/services has been previously determined to be fair and reasonable at the schedule contract award level. Furthermore, an order-level price analysis was conducted comparing the vendor's quotation against Black River Systems Company’s established GSA Advantage contract rates, published catalog pricing, and relevant historical procurement pricing. This analysis confirms that the proposed pricing conforms directly to, or provides a discount from, the established Federal Supply Schedule rates.

Mr. Dionne Holloway Contracting Officer

128 MSG/MSC, WI ANG

15. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Mr. Dionne Holloway Contracting Officer

128 MSG/MSC, WI ANG

Approval

Based on the foregoing justification, I hereby approve the procurement of NINJA Counter-sUAS Annual Sustainment and Hardware Warranty Support on a limited-sources basis pursuant to the authority of Title 40 U.S.C. § 501 and Title 41 U.S.C. § 152, as implemented by GSAR 538.7104-3 (Class Deviation RFO-2025-FSS-GSAR 538), as only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized. The estimated value of the new contract action or a modification is $110,400 for a one-year sustainment with a period of performance from 1 Oct 2026 to 30 Sep 2027. The approval is subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for this acquisition.

Mr. Daniel Halverson Chief of the Contracting Office United States Property and Fiscal Office (USPFO) for Wisconsin