Non-Comp Justification Redacted

J&A CR-26518

4. Statutory Authority Permitting Other Than Full and Open Competition.

41 U.S.C. 1901

5. Rationale Justifying Use of Cited Statutory Authority. The Original Equipment Manufacturer (OEM), SAFRAN Optics-1, has proprietary rights to data, design, and manufacturing of ECOTI FoS and is not willing to provide the Government with a technical data package in order to obtain specifications or re-engineer the system. The materials (ECOTI systems and the spares/repair parts) procured as well as services (TT&E and/or repairs) are solely provided by the OEM, thus purchase of components from another source would require extensive qualification, design, and testing to ensure compatibility. The ECOTI systems are utilized by operators in support of classified missions. These ECOTI systems have been utilized by these operators for over nine (9) years and have been tested and qualified for use. This testing and qualification consisted of drop, salt/fog, shock/vibe immersion, electromagnetic, interference capability and exhaustive hours of user training which totals over
in costs and took
to complete. If the Government
were to procure a different system it would need to duplicate these tests to qualify it. These costs would not include the costs to procure the new systems nor would they be recouped via competition. Additionally, in the interim period before a new system is developed, operators would not be able to repair or replace the aging systems. This would leave operators without a key capability that provide a detriment beyond cost or schedule. For the above reasons of meeting mission-critical capability requirements and sustainment of these capabilities, the ECOTI systems and the supporting hardware and services from SAFRAN Optics 1 are the only source of supply and services that meet immediate capability requirements and sustainment of these capabilities, and no other source can provide suitable supplies and services to meet these requirements.
6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. This action will utilize a combined synopsis/solicitation in accordance with FAR 12.202(b) and therefore will not have a standalone synopsis. Synopsis of the proposed action is not required under the exception of FAR 5.101(b)(ii), which states that the synopsis cannot be worded to preclude disclosure of an agency’s needs and such disclosure would compromise security .
The associated acquisition will not provide a pre-solicitation notice, nor will it be solicited in