A02.06 FAR-Part6-JA-TerraGo_6.18.20_FINAL_Redacted_7.09.20.pdf

Control No: AGC-20-0007 Contractor: TerraGo Technologies, Inc.

Program/Equipment: TerraGo Software Site License Renewal

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: The Army Geospatial Center, Warfighter Support Directorate, looks to renew its unlimited software license for TerraGo Technologies software:

TerraGo Publisher for ArcGIS, TerraGo Publisher for ArcGIS Server, TerraGo Composer, TerraGo Publisher for Raster, and TerraGo SDK

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Prepared by:

Contracting Officer: Julie A. Anderson

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

Program Manager:

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

1. Contracting Activity: U.S. Army Geospatial Center (AGC) Contracting Office,7701

Telegraph Rd, Alexandria, VA 22315.

2. Description of Action: The Warfighter Support and Production Directorate requests a firm-fixed price contract with TerraGo Technologies, Inc. 3200 Windy Hill Road SE, STE 1500, Atlanta, GA 30339-8574 for an unlimited site license for a suite of software applications. The anticipated fund types are Operation and Maintenance/Overseas Contingency Operations. Projected award is June 2020. This action is a follow-on to contract . That contract was issued as other than full and open competition citing Federal Acquisition Authority (FAR) 13.106-1(b)(1) Soliciting from a single source for purchases not exceeding the simplified acquisition threshold.

3. Description of Supplies/Services: The Warfighter Support and Production Directorate has a requirement for an unlimited site license for a suite of software applications that can create GeoPF files. The suite of software applications with its GeoPDF filesprovides users with the ability to view Military Grid Reference System coordinates, connect to a GPS device, import other geospatial formatted data, and export geospatial markups to other geospatial data formats.

The unlimited site license affords AGC and the Geo Research Laboratory (GRL) unlimited distribution and technical support for the following applications:

TerraGo Publisher for ArcGIS TerraGo Publisher for ArcGIS Server TerraGo Composer TerraGo Publisher for Raster TerraGo SDK

The Period of Performance and value are as follows:

Base Period: 01Jul20 to 30June21 Value:

Option Period 1: 01Jul21 to 30June22 Value:

Option Period 2: 01Jul22 to 30June23 Value:

Option Period 3: 01Jul23 to 30June24 Value:

Total Value:

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number ofresponsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

TerraGo Technology Inc. is the only contractor that can meet AGC’s requirement through use of their software suite of applications listed under paragraph three, which convert data into the GeoPDF file format. The suite of products included in the TerraGo Software Site License are uniquely capable of providing users with the ability to view Military Grid Reference System coordinates, connect to a GPS device, import other geospatial formatted data, and export geospatial markups to other geospatial data formats.

TerraGo’s software is integrated with software currently in use at AGC to include ESRI ArcGIS, ESRI ArcGIS Server, Adobe Acrobat and Adobe Reader. The TerraGo plugins and extensions can produce, index, mosaic, bundle convert or read the GeoPDF file format. TerraGo’s software ability to integrate with AGC’s existing systems makes the software an essential component to ensure the interoperability of AGC’s geospatial systems. In addition, as the customer base for AGC is Army-wide, it was previously determined that increased access throughout the Army via an “unlimited” site license best meets the Government’s needs.

TerraGo Technology Inc. is the developer of GeoPDF and has retained the sale and distribution rights for its software containing the GeoPDF file format, particularly for unlimited licenses. TerraGO is the only provider of a site license for unlimited software and maintenance of its products. TerraGo resellers are not authorized to provide “unlimited” site licenses. In addition, market research indicates other companies with similar products lack the particular features required and cannot be modified to meet the agency’s needs. Hence, TerraGo Technology Inc. software is the only software that meets AGC’s needs and procurement from TerraGo is the only method of obtaining the unlimited licenses for software containing the GeoPDF capabilities required by AGC.

If the J&A is not approved, AGC would not have the software to create the GeoPDF’s and jeopardize the Warfighter support mission of production and dissemination of geospatial information tailored to the Army’s mission requirements and mission command systems.

Furthermore, this procurement for a software site license is classified as a product/supply; and hence a statement of work suitable for full and open competition was not developed.

6. Efforts to Obtain Competition: In accordance with FAR 5.203(a)(2) a combined synopsis solicitation shall be published on the Government Point of Entry given this requirement is for the acquisition of a commercial item.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: TerraGo Technologies, Inc. is a small businessand there are no requirements to subcontract.

7. Actions to Increase Competition: The Dissemination Branch of AGC will continually perform research of various software applications to fulfill the government’srequirements for production and manipulation of Geospatial PDF files (GeoPDF). Because TerraGo Technologies, Inc. is the creator of the software and has limited distribution of the unlimited site licenses needed by AGC, there are no means to increase competition.

8. Market Research: The Dissemination Branch of AGC continually performs research of various software applications in fulfilling the government’s requirements of production manipulation of Geospatial PDF files (GeoPDF). To date, the Government has yet to identify any other software product that can provide the ability to create the GeoPDF format. TerraGo Technologies, Incorporated has demonstrated the proven ability to create the GeoPDF required by AGC/GRL and the warfighter. Market research reveals that TerraGo Technologies itself is the only authorized provider of the "unlimited" TerraGo site licenses, which is AGC’s requirement.

Market research for this requirement was conducted from April 2019 – April 2020 and consisted of the following techniques: contacting knowledgeable individuals in Government and industry, attending conferences, researching potential vendors, conducting a market survey through a Request for Information (RFI), and querying Government databases. Contact with knowledgeable individuals within Government and industry that create geospatial products found that organizations within the DoD, federal Government, private sector and defense organizations outside of the United States use TerraGo tools to create and use files in the GeoPDF format. No one entity, however, uses all the software used by AGC nor do they create the diverse and numerous GeoPDF based products that AGC does.

Research of potential vendors specializing in geospatial products such as Esri and Blue Marble Geographics revealed that although they have the capability to create a generic geospatial PDFs from within their products (i.e. ArcGIS and Global Mapper) there is no ability to read out Military Grid Reference System coordinates, which is needed by the AGC. Moreover, neither entity offers TerraGo software licenses.

To determine available sources, a Request for Information (RFI) was issued from 18-20 February 2020 on the Computer Hardware Enterprise Software and Solutions (CHESS) website, which is the Army's mandatory source for commercial information technology (IT) hardware and software. No responses were received for the issued RFI. A statement of Non-Availability was received from Army CHESS on 26 Feb 2020 and an Information Technology Approval System (ITAS) Waiver was received on 09 April 2020.

Further, the General Service Administration (GSA) e-Library and GSA Advantage databases were searched for “TerraGo” and “TerraGo Licenses”. Through both searches only one firm, Unistar-Sparco Computers, was identified as providing TerraGo products and software licenses. Per communication with both Unistar-Sparco and TerraGo, it was found that although Unistar-Sparco provides some TerraGo licenses they do not provide the “unlimited” site license required by the AGC. Unistar-Sparco Computers as a reseller is not authorized to provide “unlimited” TerraGo licenses.

Therefore, through market research no other vendor was found to provide the“unlimited” TerraGO site license. With this information and previous knowledge of TerraGo software, it was confirmed that they are the sole manufacturer, developer, and distributor of the “unlimited” software license required by AGC.

Moreover, in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI)

206.302-1(d), a Request for Information in the form of a Notice of Intent to Award a Sole Source Contract was issued via the government point of entry, beta.SAM.gov, to further determine if there were any interested vendors capable of the requirement. The Notice was posted on 11 June 2020 and closed on 15 June 2020. There were no vendors that expressed interest and none providing information regarding their ability to perform the requirement.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History: The details of the last several contracts for this same requirement are provided in the below table.

Contract Number & Type

Period of Performance

Value Contractor Method of Procurement/Authority

2 July 2014 – 30 June 2015

Terrago Technologies, Inc.

Sole Source/ FAR 13.106-1(b)(1)

1 July 2015 – 30 June 2016

Terrago Technologies, Inc.

1 July 2016 – 30 June 2017

Terrago Technologies, Inc.

1 July 2017 – 30 June 2020

Terrago Technologies, Inc.

All actions were Sole Source and cited the authority at FAR 13.106-1(b)(1). That particular authority was cited as the Contacting Officer determined the circumstances of the contract actions deemed only one source reasonably available, given the needed site license was available only from TerraGo Technologies. Throughout the history of procuring this software license, the circumstances of the procurement with only one source being available has remained consistent. It is noted, however, that although only one source was available in 2017, the authority cited for the 2017 requirement, FAR 13.106-1(b)(1), was cited in error given the value of the procurement exceeded the simplified acquisition threshold. The Justification and Approval for the previous procurement in 2017 is attached (see Attachment 1).

11. 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.

12. 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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be made using the technique at FAR 15.404-1(b)(2)(v), “Comparison of proposed prices with the Independent Government Cost Estimate” (IGCE). As a part of this basis, certified cost or pricing data will not be required the given the exception at FAR 15.403-1(b)(3), “a commercial item is being acquired”, applies.

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

Julie A. Anderson Contracting Officer