A02 Maxview JA_Redacted.pdf

Control No:JA-20-E-319

Contractor: Data Path

Program/Equipment: Maxview Enterprise software

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: The Communications Electronics Command (CECOM) Software Engineering Center (SEC) in support of Warfighter Information Network- Tactical (WIN-T) Increment 1 (Inc1), Ka-band Satellite Transmit and Receive Systems (Ka-STARS), and Tactical Superhigh Frequency Satellite Terminal (Phoenix), requests a Firm-Fixed-Price purchase order for the procurement of DataPath Maxview Annual Enterprise software maintenance renewal. The effort will consist of a base year only.

The projected award date is May 2020. The total estimated cost of this contract is $697.810.95. Fiscal Year (FY) 2020 Operations and Maintenance Army (OMA) funds will be used for this effort. The applicable North American Industrial Classification Systems (NAICS) code for this requirement is 511210, Computer Software Publishers. The size standard is $38.5 million.

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 Governments requirement is for a software platform that can do these specific things:

MAXVIEW Annual Enterprise Software Maintenance Plan (SMP) Renewal:

1. System that provides a single, consistent interface to manage all equipment, elements and service applications.

2. System that provides a centralized view and control of the entire network that allows the Warfighters to improve operational efficiency and incident response time.

3. System that employs a high-performance, mobile responsive web platform, so the warfighters can securely manage the networks from virtually any web-enabled device.

4. Seamless renewal of Software Maintenance and Technical Support that will guarantee the system’s mission critical functional updates.

Period of Performance:

Base Period: 28Jun2020 – 27Jun2021 Value:

This estimate was based on the IGE which was derived from the pricing information that was received during market research performed by the Government.

4. Authority Cited: Simplified Acquisition Procedures for Certain Commercial Items, 41 U.S.C. 1901(a)(2) as implemented by FAR Subpart 13.501(a)(2) Sole-Source

5. Reason for Authority Cited: The use of a sole-source description in this acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

The DataPath MaxView seamless renewal of Software Maintenance and Technical Support that will guarantee the system’s mission critical functional updates.

DataPath MaxView is the only software that meets the Government’s minimum requirement in paragraph #3 above.

DataPath Inc.’s MaxView provides a single, consistent interface to manage all equipment, elements and service applications. By providing a centralized view and control of the entire network, MaxView allows the Warfighters to improve operational efficiency and incident response time. The MaxView Enterprise latest release of software offers major next-generation enhancement to the Warfighters experience and analytics.

It employs a high-performance, mobile responsive web platform, so the warfighters can securely manage the networks from virtually any web-enabled device.

Additional engineering efforts will be required to conduct market research for product replacements, testing, evaluation and product selections which will increase costs in excess of .

Engineering

Configuration Management

Engineering Verification & Validation

Information Assurance

Integration

Independent Verification & Validation

Information Assurance Vulnerability Assessment (IAVA)

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. The Government will use a combined synopsis/solicitation to fulfill the requirements of 5.201 and therefore the notice will not be until solicitation release.

a. Effective Competition: This is Sole-Source requirement owned by DataPath, Inc. who uses only authorized resellers to provide pricing to the Army.

Competition is limited to DataPath, Inc. authorized resellers.

b. Subcontracting Competition: This is a Sole-Source, proprietary, Commercial- Off-the-Shelf product line. The Government possesses only a commercial purchase description for the software. Technical data for the licenses is proprietary to DataPath. The commercial purchase description does not provide enough technical information to allow other vendors to create the functionality of this product. DataPath choses to keep the work in house to protect their copy rights, etc.

7. Actions to Increase Competition: Commercial software manufacturers are encouraged to increase the number of authorized resellers. Additionally, upon receipt of the requirement an authorized list of authorized distributors for this software is immediately requested from the original manufacturer. The Government encourages the software publishers to pursue distribution and support services of their COTS software product lines through Small, Service Disabled Veteran Owned, Woman Owned, small disadvantaged, certified 8(a) small disadvantaged and Historically Underutilized Business Zone (HUBZone) 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.

8. Market Research: Market research was performed by the CALM Team during the month of March 2020. Searches were performed on the National Aeronautics and Space Administration (NASA) request #149604 on 23April2020; Solutions for Enterprise Wide Procurement (SEWP), and General Services Administration (GSA# 1425603 on 23April2020) websites. It has been determined that only DataPath, Inc. and their authorized resellers can quote and fully support the Government’s need. No competitors’ COTS functional replacement products have been identified as being able to meet the Army’s minimum requirements at this time.

The following Vendors submitted a quote.

Vendor Contract# Business Category

Datapath, Inc. Open Market Large

An approved CHESS SONA# 216757986, dated 22April2020, was provided.

The original software developer of this product is DataPath, Inc., 2205 Northmont Parkway, Duluth, Georgia 30096. DataPath has stated that they are the only source for their proprietary MaxView Annual Software Maintenance Support.

A Sole-Source letter from DataPath, dated 28April2020, states the following:

“DPI is the sole source provider of the MaxView software maintenance plans. In the past, and on a program-by-program basis, DPI has entered into reseller agreements with strategic partners. Those goods and services are still provided by DataPath and passed through our partners. Currently, DataPath does not have any reseller agreements in place and is therefore the sole source provider for the licensing and maintenance described herein.”

Based on the research conducted, a stand-alone, Sole Source contract, would be the best approach for obtaining the Maxview Annual Enterprise Maintenance Software Support.

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

5.201 will be published on the Beta SAM 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:

a. Procurement History:

Vendor Contract Awarded Extent Competed

DATAPATH INC. W56JSR-19-P-0019 05/31/2019 FAR 13.5

DATAPATH INC. W56JSR-16-P-0039 08/31/2016 FAR 13.5

Rockwell Collins SAT Com Systems Inc.

W15P7T-13-C-E060 05/28/2015 Other than full and open competition.

b. 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.

c. Subcontracting Competition: Although there are no FAR subcontracting provisions that require competition among potential subcontractors for commercial contracts, the Government will seek to maximize subcontracting completion with a focus on subcontract to so small and small disadvantaged businesses.

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: ☐ cost analysis ☒ price analysis

As a part of this basis, certified cost or pricing data:

☒ will not be required and the following exception applies (FAR 15.403):

☒ Prices that will be agreed upon are based on adequate price competition.

☒ A commercial item is being acquired.

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

*Contracting Officer Signature at paragraph 14 (Contracting Officer Certification) constitutes approval of this Sole Source Justification and Approval. Approval page not required