A02 Maxview - Justification and Approval - 23Apr2021_Redacted.pdf

Program/Equipment: Maxview Enterprise software

CUI 5

CUI

PHOENIX MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 133

KA-STARS MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 4

Option Year 2 Surge Option Quantities

WIN-T INC 1 MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 880

PHOENIX MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 10

OPTION YEAR 3 BASIC QUANTITIES (FY22)

WIN-T INC 1 MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 1143

PHOENIX MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 133

KA-STARS MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 4

Option Year 3 Surge Option Quantities

WIN-T INC 1 MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 880

PHOENIX MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 10

OPTION YEAR 4 BASIC QUANTITIES (FY22)

WIN-T INC 1 MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 1143

PHOENIX MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 133

KA-STARS MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 4

Option Year 4 Surge Option Quantities

WIN-T INC 1 MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 880

PHOENIX MAXVIEW ANNUAL ENTERPRISE

SMP RENEWAL

6/28/2021 - 6/27/2022

EA 10

CUI 6

4. Authority Cited: Simplified Acquisition Procedures for Certain Commercial Items, 41 U.S.C. 1901(a)(2) as implemented by FAR Subpart 13.5:

Unusual and compelling urgency Exclusive licensing agreements Industrial mobilization

Other: FAR Subpart 13.501(a)(2) Justifications and approvals are required under this subpart for sole-source (including brand-name) acquisitions or portions of an acquisition requiring a brand-name. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion.

5. Reason for Authority Cited: The use of a brand-name sole-source acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company. The original software developer of this product is DataPath, Inc., 2205 Northmont Parkway, Duluth Georgia 30096.

As described in paragraph 8 below, DataPath Inc. is the original software developer of MaxView and is the only source for their proprietary MaxView Annual Software Maintenance Support. The Government possesses only a commercial purchase description for the software. Technical data for the licenses is proprietary to DataPath.

The MaxView’s seamless renewal of Software Maintenance and Technical Support will guarantee the system’s mission critical functional updates. These functional upgrades are necessary for maintaining security posture and security certification of the system, without which would leave the system vulnerable to clandestine computer attacks and possible compromise of sensitive information. The functional updates also improve the system performance and increase the system stability. MaxView is the only software that meets the Government’s minimum requirement in paragraph #3 above.

Maxview is a software installed in every WIN-T Inc1 Satellite terminal. Maxview software is what controls the satellite dish allowing it to be moved up and down, and locate satellites in space. WIN-T Inc1 continues to use this product which is essential to the control of satellite hardware in its long range communications system. It’s used primarily by soldiers, but is also used in test labs.

Maxview is used by Ka-STARS in the field by soldiers. The Maxview software controls, monitors and alarms the Ka-band earth terminal which handles critical national security SATCOM communication on a worldwide basis.

–Additionally, MaxView provides a single, consistent interface to Control, Monitor, and Administer (CMA) all the Phoenix Terminal Equipment that are used to create/provision, run, and monitor SATCOM Network Connectivity Capabilities. By providing a centralized view and control of the Phoenix terminal devices, MaxView allows Soliders to improve operational efficiency and incident response time. This software is fielded by Soldiers running andadministrating the Phoenix tactical SATCOM

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Network.

Hardware used in Ka-STARS has been specifically tailored to use the MaxView software, including particular netlink processors and Input/Output (VO) link controllers. If different software were now to be used, MaxView-tailored hardware would also have to be changed. MaxView-tailored hardware would also have to be swapped out, creating an expensive ripple effect. Changing MaxView would require the Government to also retest major parts of the system, as well as make changes to documentation, manuals, warranties, and any other parts that became incompatible as a result of using any new software.

Failure to renew maintenance support will prevent WIN-T Inc1, Ka-STARS, and Phoenix systems from receiving time sensitive functional upgrades which are necessary for maintaining security posture and security certification of the system, it would leave the system vulnerable to clandestine computer attacks and possible compromise of sensitive information. If the requirement is not renewed, reliability and security of the network would be greatly compromised.

Due to the cost and unacceptable delay to re-engineer and implement a new software, there are currently no alternative options.

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 that of which they have none at this time.

b. Subcontracting Competition: This is a Sole-Source, proprietary, Commercial- Off-the-

Shelf product line. 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. As stated in an email dated, 16April2021, “DataPath has no interest in selling MaxView rights to any third party (i.e. proprietary rights, intellectual property, or TDP)”. 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.

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

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annually on the current baseline to determine if changes occur in the market place that would enable greater competition.

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 February 2021. Requests for Information was posted on the National Aeronautics and Space Administration (NASA) request # 183563 on 2/18/2021;

Solutions for Enterprise Wide Procurement (SEWP), and General Services Administration (GSA# 1477028 on 2/18/2021) websites. Reviewed in-house database:

Procurement and Licenses Tracking System (PLTS) for similar or identical requirements.

Contacted Contracting Officers, contract specialists, and project officers in other Federal agencies and private industry (other users). Contacted known sources of services. Queried Government databases (FPDS-NG, PPIRS, CPARS, GSA, FedBizOpps, SBA databases, e-Portals in Commerce (e-PIC), Contract Management Research Tool in ASFI etc.) that provide relevant information on acquisitions. It has been determined that only DataPath, Inc. can quote and fully support the Government’s need as they have no authorized resellers at this time. 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

An approved CHESS SONA# 216768924, dated 18Feb2021, 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.

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.

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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 DataPath Maxview Annual Enterprise software maintenance renewal for software maintenance in the support of the 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) 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 all options is estimated at

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