831914662 UVDS Sole Source JA FINAL_Redacted.pdf

LIMITED SOURCE JUSTIFICATION & APPROVAL (J&A)

FEDERAL ACQUISITION REGULATION (FAR) PART 8 ACQUISITIONS

Multiple Award Schedule (MAS)/Multiple Award Contract Orders under MAS/General Services Administration Schedules (GSA)/Federal Supply Schedules

(FSS) FAR 8.405-6

Tracking Number: 831914662 Contract Number: GS-35F-00037V Task/Delivery Order Number: To be determined Procurement Title: The Unified Video Dissemination System (UVDS) Engineering Support Estimated Value: $ (52.217-8 if necessary) = $ Statutory and Regulatory Authority: 41 U.S.C. 152(3) and FAR 8.405-6(a)(1)(i)(B)

LIMITED SOURCE JUSTIFICATION

J&A Number: JA20-033

Upon the basis of the following justification, I, as Senior Procurement Executive, hereby approve this limited source justification in accordance with (IAW) FAR 8.405-6(a)(1)(i)(B). The acquisition referenced herein is conducted under the Statutory Authority of the Multiple Award Schedule Program, 41 U.S.C. 152(3).

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Agency:

Defense Information Systems Agency (DISA)/Satellite Communication (SATCOM) Division (IE2) 6910 Cooper Ave Fort Meade, Maryland 20755

Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO) PL8313 2300 East Drive, Building 3600 Scott AFB, Illinois 62225-5406

2. NATURE/DESCRIPTION OF ACTION(S): A new task order is required to continue services currently provided under task order GS-35F-0037V/HC1028-14-F-0308. This sole-source action is necessary due to a continuing need for engineering support, software support, and field service representatives required to maintain existing UVDS software. The follow-on effort is projected to be a firm-fixed-price task order awarded to the incumbent, GATR Technologies (formerly TeraLogics, LLC.). Fiscal Year (FY) 2020 Operations and Maintenance funding will be provided for the base year. GATR Technologies is the only source capable of providing the services required at the level of quality required, because the services are unique and highly specialized.

3. DESCRIPTION OF SUPPLIES/SERVICES: UVDS is an Intelligence, Surveillance and Reconnaissance (ISR) dissemination service providing an integration of data from multiple

831914662 Unified Video Dissemination System-JA20-033

Page 3 of 7 Pages application called Unified Video, developed by TeraLogics, LLC. In addition, the UVDS black core routing infrastructure, engineered by Cubic Corporation, integrates ISR data from multiple services, commands and agencies, and enables the classified delivery of that ISR data globally to support combat, contingency operations, intelligence analysis, and mission situational awareness.

Unified Video, the core software application critical to UVDS, is a commercial product developed, maintained, licensed, and owned by the incumbent, GATR Technologies. The incumbent is the only contractor capable of supporting and maintaining the application at the level of quality required because the services are unique and highly specialized. The design within the project has worked well for years and the incumbent possesses the highly skilled technical capabilities necessary to maintain the current posture.

(c) Justification:

(1) Minimum Government requirements. Services required are used for the development of the UVDS architecture and consist of several key components: a core networking backbone, a robust web portal (United States and Five Eyes), a 24x7 AISR operations support team, AISR (sensor) integration subject matter experts, and AISR Network Operations and Enterprise Transcoding, all of which are included under a UVDS Risk Management Framework cybersecurity accreditation. Combatant Commands (CCMD) and the Intelligence Community (IC) members depend on the UVDS data daily to make intelligence products, support coalition, partners, enable real time war fighting decisions, and provide over-watch during critical missions.

(2) Proposed sole source contractor. The incumbent contractor is GATR Technologies, formerly TeraLogics LLC. TeraLogics LLC, the original developer of the UVDS, was acquired by Cubic Corporation (hereinafter “Cubic”) in December 2015 and now resides organizationally within Cubic’s GATR Technologies division. Cubic/GATR Technologies is the operator and manager of all associated UVDS services and nodes and is the sole provider of the Unified Video product line, owner of the software/commercial internet protocol and the commercial technology platform that processes and manages mission critical AISR video distribution over the SIPRNet.

These employees must have access to the source code and software in order to service and make updates to the UVDS hardware, and thus, only existing UVDS personnel are capable of meeting the requirement.

The incumbent contractor has developed a team of engineers based domestically and deployed internationally, with the ability to reduce latency of content delivery and ensure UVDS operates without interruption. Cubic/GATR Technologies has a proven record of accomplishment that has been noted by Government General Officers/Flag Officers and Senior Executive leaders in the field. GATR’s knowledge and experience managing all UVDS components, to include system architecture, networking structure, accreditation, and technology platform cannot be replaced without disruption to mission success.

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GATR Technologies is the sole owner of the UVDS software. The Government has no rights to the Unified Video Product Line and no other contractors have rights to the software. A sole source award is necessary to sustain and evolve the currently designed UVDS. The existing UVDS capability, which is used by every CCMD globally and the IC, is a critical system for enabling real time war fighter capabilities.

The network, which links over 165 locations; the portal, which streams over 380,000 hours of video per month; the 24x7 operations team (all DoD cleared personnel) and Tier-III engineering team must remain in place to support ongoing operational requirements and ensure the existing program is not impacted. GATR Technologies also has the highly specialized workforce necessary to perform the critical work required on this effort. No other sources are capable of providing the services required due to the proprietary knowledge and highly specialized experience needed to maintain the UVDS system.

(3) Discussion regarding cause of the limited source situation. The Government does not own the rights to the UVDS software. This task order continues services that the incumbent contractor has provided since the initial contract was awarded in 2008. At the present time, no other contractor can fulfill the UVDS requirements. GATR Technologies is the sole owner of the UVDS software and the only contractor with access to the source code and the knowledge required to run the system. This makes the incumbent the only provider capable of providing service for this requirement.

(4) Demonstration of limited source. GATR Technologies is the sole owner of the UVDS software and the only contractor with access to the source code and the knowledge required to run the system. This makes the incumbent the only provider capable of providing service for this requirement.

(5) Procurement discussion. The Government does not own the rights to the UVDS software. This task order continues services that the incumbent contractor has provided since the initial contract was awarded in 2008. At the present time, no other contractor can fulfill the UVDS requirements.

(6) Impact. The warfighters on the ground today supporting real world operations are using this capability on a second-by-second basis to make decisions on targets and activities. Any degradation in services, such as late detection, slow or no delivery of videos, or poor quality videos because of software defects during vital mission could result in substantial loss of life resulting from the inability to find, track, or target a person or place of interest. The existing UVDS, being used by every CCMD globally and the IC, is a critical system for enabling real time warfighter capabilities. To remove the current company from UVDS operations would put the Government at high risk of erroneous data being passed to the warfighting community. A sole source award is necessary to sustain and evolve the UVDS. With continued support from the incumbent contractor, the user community can continue to rely on the exceptional delivery of vital transmissions required for battle field decisions.

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5. BEST VALUE DETERMINATION: A technical evaluation of the number of labor hours and appropriate labor skill sets will be completed. The offeror’s rates, labor categories and number of hours will be compared with the Independent Government Cost Estimate for price reasonableness. Additionally, GATR Technologies’ proposed rates will be compared to their current task order labor rates as well as their published GSA IT Schedule 70 labor rates. Other proposal analysis techniques at FAR 15.404-1 may be utilized as well.

6. MARKET RESEARCH: A Notice of Intent/Sources Sought was issued on December 20, 2019. The Notice of Intent/Sources Sought stated that the incumbent contractor GATR Technologies is the only source capable of providing all necessary services, and requested companies who believe they can provide this service indicate their interest in writing and include a detailed capability statement. No companies indicated their interest.

Based on current market research, it has been determined that only GATR Technologies is capable of providing the services required because the services are unique and highly specialized. In addition, market research revealed that no other contractor has access to the source code necessary to perform this requirement. This requirement is for proprietary services and no competitor functional replacement products exist in the market at this time to meet the Government's need. The Government will continue to conduct market research to determine if there are changes in the market place that would enable future competitive actions.

7. ANY OTHER SUPPORTING FACTS: None

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE BARRIERS THAT LED TO THE

RESTRICTED CONSIDERATION:

Procurement history.

Contract/Task Order

Lifecycle Value Period of Performance

Competition Status

HC1028-08-C-

$2,988,477 July 1, 2008 – June 30, 2010

Sole-source award to Teralogics, LLC (small business)

GS-35F-00037V

/HC1028-10-F-

$11,768,801 September 27, 2010 – August 7, Sole-source award to Teralogics, LLC (small business) on GSA IT-70

GS-35F-00037V

HC1028-14-F-

0379)

$2,460,152 August 21, 2014

– January 20, Sole-source award to Teralogics, LLC (small business) on GSA IT-70

GS-35F-00037V

HC1028-14-F-

$52,578,979 August 8, 2014 – February 7, 2020

Small Business Set-Aside on GSA IT-70 awarded to Teralogics, LLC

As provided in the chart above, the current task order HC1028-14-F-0308 was competitively awarded. Three offerors (including Teralogics, LLC) responded to the solicitation. Since then, one of these companies was acquired by GATR. In addition, the requirement has become more complex as the need for worldwide access and enhanced features has been added that only the

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Unified Video product line can satisfy. As such, based on current market research, it has been determined that for another company to propose a suitable solution, they would need to partner with GATR to meet the requirement.

To overcome this sole source situation, the Government will engage Naval Information Warfare Systems Command (NAVWAR), a Government organization, to develop a UVDS software code, and with success, the Government will be in position to competitively recompete this effort when this requirement expires.

A large part of the ongoing market research is to work with NAVWAR to reengineer or develop software that can replace the current software to the level of providing UVDS services to the warfighter without any degradation in services. In order to identify and develop a new solution, it would first require rework, redesign, outsourcing, or replacing of processes or sub-processes of the current functionalities. This would require the Government to first develop the software that can replicate the current functionalities and understand the process flow through a new design and then require development and testing, driving the current need for services to maintain the existing infrastructure.

The approval of this sole source award will allow the Government time to research future procurement options and then perform a competitive recompete. Additionally, this contract will be structured with a base period of 12-months, followed by four, 1-year options. With this construct, should the Government identify a feasible alternative to transition sooner, future options may not be exercised.

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: James Pasley

TITLE/ORGANIZATION: SATCOM Gateway Program Manager / DISA IE

DATE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: James Pasley

TITLE/ORGANIZATION: SATCOM Gateway Program Manager / DISA IE

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: Brooke Winkeler

TITLE/ORGANIZATION: Contracting Officer / DISA/DITCO/PL8313

SENIOR PROCUREMENT EXECUTIVE (SPE) APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Since this justification exceeds , this review serves as approval.

NAME: MAJOR GENERAL GARRETT S. YEE

TITLE/ORGANIZATION: Senior Procurement Executive

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Contract Specialist, Kevin Francoeur, Telephone Number: 618-418-6383, Email address:

kevin.r.francoeur.civ@mail.mil@mail.mil