220914 - MCWS JA 22284 - iDirect_Redacted.pdf

UNITED STATES MARINE CORPS

MARINE CORPS SYSTEMS COMMAND

2200 LESTER STREET

QUANTICO VIRGINIA 22134-5050

IN REPLY REFER TO

CUI

Code: CT-2.2 J&A Number: 22,284

JUSTIFICATION AND APPROVAL

FOR THE USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

Marine Corps Systems Command (MCSC) Portfolio Manager Command Element Systems (PfM CES) Program Manager Communications Systems (PM CS) 2200 Lester Street Quantico, VA 22134-5050

2. Description of the Action Being Approved

The United States Marine Corps plans to award a contract to procure Marine Corps Wideband Satellite Communications-Light and Heavy (MCWS-L/H) systems as non-developmental items.

PM CS requests to incorporate iDirect modem hardware and iDirect waveform software as threshold requirements under the solicitation for the anticipated MCWS-L/H contract. To meet Government threshold performance requirements for these system, the MCSC requires vendors to propose iDirect modem hardware and iDirect waveform software as part of their proposed MCWS-L/H solution. iDirect is the Original Equipment Manufacturer (OEM) for the required hardware and software, and is located at 13921 Park Center Rd Ste 600, Herndon, VA 20171.

Note that the MCWS-L/H procurement is also supported by a second justification, number 22,283.

3. Description of Supplies/Services

Authorization and approval is requested for the use of Fiscal Year (FY) 23-27 Procurement, Marine Corps (PMC) funds to acquire iDirect modem hardware and iDirect waveform software, as components of the MCWS-L/H systems, at an estimated value of . A total quantity of modems, to include MCWS-L Modems, MCWS-L Spares, MCWS-H Modems and MCWS-H Spares, each with the iDirect waveform software, will be acquired.

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting use of other than full and open competition is 10 United States Code (U.S.C.) §3204(a)(1) (previously 10 U.S.C. §2304(c)(1)), as implemented by the Federal Acquisition Regulation (FAR), Subsection 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

Code: CT-2.2 J&A Number: 22,284

5. Rationale Justifying Use of Cited Statutory Authority

The Marine Corps Wideband Satellite Communications Family of Systems Capability Development Document includes specific operational requirements for MCWS-L/H to be interoperable which utilize the iDirect waveform and modem. In order for MCWS-L/H systems to communicate with these systems, MCWS-L/H must also utilize the iDirect waveform and modem.

iDirect is the sole developer for the iDirect waveform and OEM for the proprietary hardware platforms that support the iDirect waveform. iDirect owns the intellectual property associated with the iDirect hardware platforms and the network control algorithm used within the iDirect software. The iDirect software has not been released or licensed to other modem manufacturers;

it will only operate on iDirect modems.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

In accordance with FAR Subsection 10.002(b)(2) and Section 5.201, the Government conducted Market Research via a Request for Information (RFI), M6754-22-I-2030, published to industry via https://beta.sam.gov on 1 November 2021. Based on RFI findings in response to the RFI, iDirect was the only source capable of meeting the Government’s required capability of being interoperable with the currently fielded Marine Corps and Joint equipment. iDirect is the OEM for this required software and corresponding modem and exclusively controls the intellectual property behind them; therefore, PM CS requires that iDirect modems be used for the MCWS- L/H solution.

7. Determination of Fair and Reasonable Price

This acquisition will be conducted utilizing FAR Part 15 procedures. Fair and reasonable pricing will be established based upon adequate price competition for MCWS-L/H systems using the iDirect components. In the event adequate price competition does not exist, in accordance with FAR 15.402, the Contracting Officer will use a comparison of the proposed prices to historical prices paid for the same or similar items and a comparison of proposed prices to independent Government cost estimates to determine whether the price is fair and reasonable.

8. Actions to Remove Barriers to Future Competition

For reasons set forth in Paragraph 5 above, PM CS will remain unable to compete future contracts for the types of supplies covered by this document until such time as iDirect licenses other providers to use its proprietary software to deliver the needed proprietary hardware