A02 JA PACSTAR final - signatures_Redacted.pdf

Control No: JA-20-E-250 Contractor:

Program/Equipment: PacStar IQ-core SW Base License Annual Support Renewals

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED ACQUISITION PROCEDURES FOR

CERTAINCOMMERCIAL ITEMS – JUSTIFICATION AND APPROVAL

Program/Equipment: Warfighter Information Network Tactical Increment 1 (WIN-T INC 1), Tactical Network Management System (TNMS), Single Shelter Switch V4 (SSSv4).

Authority: 10 U.S.C.2304(c)(1) and FAR 6.302-1 One Responsible Source

Amount:

Prepared by:

Acquisition Specialist/AO Date:

Center (SEC) Centralized Acquisition And License Management (CALM) Team Email:

Contracting Officer:

Contracting Officer

Date: 21May2020

Technical:

Software Requirements Planning Officer Date:

Requirements:

Act Team Lead, License Acquisition Br Date:

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

Program Manager: Legal Counsel:

Program/Equipment: PacStar IQ-core SW Base License Annual Support Renewals

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: Army Contracting Command – Division E 6565 Surveillance Loop, Building 6001 Aberdeen Proving Ground, Maryland 21005

2. Description of Action: Warfighter Information Network Tactical Increment 1 (WIN-T INC 1), Tactical Network Management System (TNMS), and Single Shelter Switch V4 (SSSv4) requests a firm-fixed-price purchase order for the procurement of Commercial Off- the-Shelf (COTS) PacStar IQ-Core software (SW) Base license annual support renewal. This requirement is for a twelve month base period and four (4), twelve (12) month option periods, for a total estimated amount of . The Government projects an award in late June 2020 and Fiscal Year 2020, Operations and Maintenance, Army (OMA) funds are available and will be used for the base period.

The applicable North American Industry Classification Systems (NAICS) code for this requirement is 541519-Information Technology Value Added Resellers. The size standard is 150 employees.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The Government’s requirement is for a software platform that has the following minimum capabilities:

-Software that enables the exchange of voice, video, and data throughout the tactical Army unit and into the sustaining base.

-Software that leverages commercial satellite technology to provide beyond line of site capabilities and commercial internet networking technology to increase functionality and efficiency while reducing size, weight and power.

-Software that provides interfaces to lower level systems including on the move and soldier platforms.

-Software system that simplifies and secures complex communications systems and tactical networks.

-Software that integrates the key functions of many software packages into one convenient and consistent solution.

Program/Equipment: PacStar IQ-core SW Base License Annual Support Renewals

6. Efforts to Obtain Competition:

a.) The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. Market research was performed by the Software Engineering Center, Centralized Acquisition and License Management Team, details of which are also in Paragraph 8. Searches were performed on the Army Computer Hardware Enterprise Software Solutions (CHESS# 316668 posted on 3/16/2020), the National Aeronautics and Space Administration (NASA) request #145415 posted on 3/16/2020 Solutions for Enterprise Wide Procurement (SEWP), and General Services Administration Advantage (GSA# 1419244 posted on 3/16/2020) websites.

b.) Subcontracting Competition: PacStar will quote through resellers, however, PacStar is the software publisher / developer and does not subcontract out any portion of the maintenance service. PacStar has made a business decision to perform the work in house to protect their copyright.

7. Actions to Increase Competition: Market research will be conducted annually on the current baseline to determine if changes occur in the market place that would enable greater competition.

Request for Quotes (RFQ) solicitations are advertised on the General Services Administration (GSA) and National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement (SEWP) websites to find small business who are capable of satisfying this requirement. Competition and Market Research will be accomplished when the system using this software is re-baselined.

Acquisition Data Availability: The Government only possesses the commercially available technical data customarily provided with this COTS product. The commercial purchase description does not provide enough technical information to allow other vendors to create the functionality of this product.

8. Market Research: Market research was performed by the CALM Team during the month of March 2020. Searches were performed on the Army Computer Hardware Enterprise Software Solutions (CHESS) # 316668 posted on 3/16/2020, the National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement (SEWP) request #145415 posted on 3/16/2020) , and General Services Administration Advantage GSA# 1419244 posted on 3/16/2020 websites. No alternate COTS were identified in the market research that met the Government's minimum

Program/Equipment: PacStar IQ-core SW Base License Annual Support Renewals requirements for the WIN-T program. Pricing for annual maintenance renewal was received from the following vendors:

Contractor Name Cage Code Business Category

Pacific Star Communications, Inc.

1RZG3 Other than small business

Marshall Communications 0R470 Small business ThreeWire Systems 4GPT6 SDVOSB iGov.com 06SD6 Small business TribalCo 30TR5 Small business

No contractor responses were received from Army CHESS. CHESS provided the CALM team with a Statement of Non-Availability (SoNA) #216757043 on 26 March 2020.

PacStar is the original developer and software publisher. On 26 May 2020 PacStar informed that the company sells directly to the Government and also provides sales to the Government through authorized resellers (such as the above-mentioned Marshall Communications, ThreeWire Systems, iGov.com, and TribalCo). PacStar informed that direct sales to the Government offer the lowest pricing. Furthermore, market research indicates that resellers provide no value added and may charge a commission of greater than 10% above the price offered by PacStar.

Software support is provided in the form of software updates/patches ‘pushed’ via electronic download to end-user systems and email, telephonic, and online IT support.

The software support is provided entirely by PacStar employees at PacStar facilities.

Pursuant to the foregoing, PacStar is the only responsible source.

9. Interested Sources: The Government Point of Entry (GPE) notice required by FAR

5.201 will be published on the federal business opportunities page via a combined synopsis/solicitation. To date, no other sources have written to express interest in the acquisition beyond the vendors listed in paragraph 8.

10. Other Facts: Procurement History for this product is as follows:

a. Procurement History:

Vendor Contract Awarded Extent Competed / Authority

Program/Equipment: PacStar IQ-core SW Base License Annual Support Renewals

Pacific Star Communications, Inc.

W56JSR-16-P-0037

31Aug2016 Simplified Acquisition

FAR 13.501(a)(2)

Pacific Star Communications, Inc.

W15P7T-13- D-E038

31Aug2013 ETFO Brand Name

FAR 6.302-1(b)(2)(ii)

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.

Program/Equipment: PacStar IQ-core SW Base License Annual Support Renewals

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 following:

analysis IGCE audit: other:

price analysis cost

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

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

X

Program/Equipment: PacStar IQ-core SW Base License Annual Support Renewals

Approval

Based on the foregoing justification, I hereby approve the procurement of a Firm-Fixed Price purchase order for one year base period and four (4) twelve (12) month options for PacStar IQ-core SW Base License Annual Support Renewals for software maintenance in the support of the WIN-T INC 1, TNMS, and SSSv4 programs on a sole source basis pursuant to the authority of 10 U.S.C.2304(c)(1) and FAR 6.302-1 One Responsible Source, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition. The total estimated cost of the contract award, including options is estimated at .