A02 JnA ViaSat Linkway Redacted.pdf

JA Control Number: JA-20-E-374 Program: Warfighter Information Network-Tactical (WIN-T) Inc. 1

Product: ViaSat Linkway Software Maintenance

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: ViaSat LinkWay Software Maintenance Renewal for the US Army’s Warfighter Information Network-Tactical Increment 1 (WIN-T INC 1) Program

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:

Software Engineering Center (SEC) Date:

Software License Acquisition Branch

Contracting Officer:

Contracting Officer Date:

Technical POC:

Software Sustainment Licensing Date:

Requirements POC:

Branch Chief Date:

Software License Acquisition Branch

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

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

1. Contracting Activity: Army Contracting Command – Aberdeen Proving Ground

Division E 6565 Surveillance Loop, Building 6001 Aberdeen Proving Ground, Maryland 21005

2. Description of Action: The Communications Electronics Command (CECOM) Software Engineering Center (SEC), in support of the US Army’s Warfighter Information Network-Tactical (WIN-T) Inc. 1 program, requests approval for a Firm-Fixed-Price (FFP) sustainment contract with ViaSat LinkWay for the procurement of ViaSat, LinkWay Network Control Center Software Maintenance (SM) and 24/7 Remote Technical Support (TS). The North American Industrial Classification systems (NAICS) Code for this acquisition is 511210 – Software Publisher. This procurement will consist of one (1) year base period of performance with three (3) one (1) year options. The Government anticipates a late August 2020 award using Fiscal Year (FY) 2020 Operation and Maintenance Army (OMA) funds and funds appropriate to the fiscal year will be used for each option.

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).

This action is a recurring requirement to contract W56JSR-17-C-0016, which was not competed under authority 10 U.S.C. 2304 (c)(1) as implemented by FAR 6.302-1(c) – Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements. Under the “Actions to Increase Competition” paragraph, the previous J&A (control number JA-E-17-662) stated:

SEC Centralized Acquisition License Management (CALM) performs market research on all new requirements each year to verify who owns the licenses and software support rights, and who can supply the products(s) to the Army. ViaSat has confirmed that the requirement(s) are commercial-off-the-shelf products and can only be purchased directly from ViaSat and that ViaSat does not use authorized resellers.

The above stated action to increase competition has not changed due to ViaSat still not utilizing authorized resellers.

3. Description of Supplies/Services: The Government’s requirement is for ViaSat COTS software maintenance and technical support that has the following minimum capabilities:

• Software that provides control and monitoring capabilities of the satellite hardware including the Satellite Communications (SATCOM) Transportable Terminal (STT), Unit Hub Satellite Terminal (UHST) and the satellite dish itself.

ViaSat product with other potential products would be cost prohibitive and impact mission requirements. WIN-T must continue to renew ViaSat LinkWay software as it is an essential component for the control of satellite hardware. Without this software, the warfighter network would be unable to connect to a global satellite communications capability, and warfighter secure communications and network availability would be critically impaired.

Reengineering Cost Calculator Dollars Engineering Configuration Management Engineering Verification & Validation Information Assurance Integration Independent Verification & Validation Information Assurance Vulnerability Assessment (IAVA) Dept. of the Army Military Intelligence-Government Estimate (DAMI-GE) Certification

Fielding and Support

TOTAL ESTIMATED COST OF REENGINNERING

EFFORT

Total estimated cost to change software and reengineer the program baseline of an integrated software system.

This calculator provides a parametric estimating tool based on multiple factors related to substituting a different COTS software product for an existing COTS software product that has been integrated and fielded into the WIN-T program.

The reengineering factors include, but are not limited to:

- How the software is used within the program baseline

- How the software is distributed throughout the fielded program

- Where the software is in the configuration of the integrated program systems

- The frequency the replacement upgrade needs to uploaded

- The locations where the upgrades need to be installed

- The number of times the software has to be loaded in existing fielded equipment and or locations

- The level of effort required to validate the software is meets or exceeds all minimum program requirements, and

- The configuration management requirements and the security features required to maintain the Authority-to-Operate (ATO) in accordance with US Army Cyber Security standards and policy.

8. Market Research: Market research was performed by the SEC License Acquisition Branch in the month of April and May 2020 by reviewing in-house information and searching various Government contract vehicles. Searches were performed on the Army Computer Hardware Enterprise Software Solutions (CHESS) RFI #321849, the General Services Administration (GSA) Advantage RFQ 1426637, National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement (SWEP) Request # 150240, and websites requesting ViaSat LinkWay Software support or any alternative COTS software support that can meet the Army’s minimum requirements, dated 04/29/2020.

Two vendors responded to the NASA SEWP posting, Better Direct and ETS. ViaSat will not accept an order for the Army through Better Direct, the document is in PCF cabinet.

ViaSat will sell to ETS, at a price sufficiently increased so that ETS’ quotation will not be price competitive with ViaSat.

Pricing Information for annual maintenance renewal was received from the following vendors:

Contractor Cage Code Business Category ViaSat, Inc 47358 Other than small business Better Direct 4JN18 Certified HUBZone & SDVOSB ETS 62PR1 Small Business

Better Direct (4JN18) and ETS (62PR1) are small business that showed an interest via NASA SEWP posting. ViaSat prefers to sell directly to the Army and not through resellers. ViaSat is the software publisher of record and owns the copyrights to their COTS software product line. ViaSat marks up their quotes to any resellers so those parties will not be price competitive. ViaSat does not subcontract any work on their product line to subcontractors. Therefore it was determined that ViaSat is the sole source software publisher for their COTS products.

A CHESS Statement of Non-Availability (SoNA) number 216758999 was received for this requirement on 05/18/2020. No alternate COTS products were identified as a potential replacement for the Army’s WIN-T program.

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 sources sought was posted to beta.SAM.gov on June 8, 2020 to 15 June, 2020 and no responses were received as of 31 July 2020. Reviewed the PCF cabinets for the two previous contracts and no responses were received for the two previous redacted J&As or the previous sources sought.

9. Interested Sources:

The following potential sources responded to NASA SEWP Request # 150240. However, it was determined that ViaSat is the only authorized source as the Software Publisher and owner with the capability to support the Government’s need.

Contractor Cage Code Business Category

Better Direct 4JN18 Certified HUBZone & SDVOSB

ETS 62PR1 Small Business

10. Other Facts:

Procurement History

Contract/PO Number Contractor Award Date Extent Competed / Authority

W56JSR-17-C-0016 ViaSat, Inc.

09/25/2017 Sole Source FAR 6.302-1(c), Only One Responsible Source.

W56JSR-15-0013 ViaSat, Inc.

07/01/2015 Sole Source FAR 6.302-1(c), Only One Responsible Source

W15P7TY-13-C-E050 ViaSat, Inc.

07/18/2014, 09/20/2013

Sole Source FAR 6.302-1(c), Only One Responsible Source

SW909MY-11-P-0036 ViaSat, Inc.

04/30/2012, 09/27/2011

Sole Source FAR 6.302-1(c), Only One Responsible Source

W56JSR-17-C-0016 7. Actions to Increase Competition:

SEC Centralized Acquisition and License Management (CALM) performs market research on all new requirements each year to verify who owns the licenses and software support rights, and who can supply the product(s) to the Army.

ViaSat has confirmed that the requirement(s) are commercial-off-the-shelf products that can only be purchased directly from ViaSat and that ViaSat does not use authorized resellers.

W56JSR-15-C- 0013 7. Actions to Increase Competition:

Commercial software manufacturers are encouraged to increase the number of authorized resellers. Additionally, upon receipt of the requirement, a list of authorized distributors for this software is immediately requested from the original manufacturer. The manufacturer is also encouraged to pursue distribution of their products/services through Small businesses, HUBZONE, Service Disabled Veteran Owned, and Woman Owned Small businesses.

Market research will be conducted annually on the current baseline to determine if changes occur in the market place that would enable greater competition. This market research must be done annually as the baseline is adjusted every year as new functionality is constantly being added as the needs of the warfighter evolve. Competition and Market Research will be accomplished when the system utilizing this software is re-baselined. It is unknown when the system will be re-baselined.

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 Price 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: ☒ price analysis

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

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

Approval

Based on the foregoing justification, I hereby approve the procurement of ViaSat, LinkWay Software Maintenance and Technical Support for the Warfighter Information Network-Tactical Increment 1 (WIN-T INC 1) Program for the estimated amount of on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Senior Contracting Official