A03_-_Redacted_JandA_ARTEMIS.pdf

Control No: [REDACTED] Contractor: Optimal Ranging, Inc.

Supply/Service: ARTEMIS System Hardware and Support

REDACTED JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: Autonomous Real Time Electric and Magnetic Integrated Sensor (ARTEMIS) System Hardware and Support

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: $3,426,436.00

[REDACTED]

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

Program Manager:

X Program Manager

Legal Counsel:

X Legal Counsel

Supply/Service: ARTEMIS System Hardware and Support

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

1. Contracting Activity: US ARMY ACC - APG / ADELPHI CONT DIV

ACC - APG / ADELPHI DIV

2800 POWDER MILL ROAD

CCAP-SCA

ADELPHI MD 20783-1138

2. Description of Action: Description of Action: The proposed action will result in award of an Indefinite Delivery Indefinite Quantity (IDIQ) type contract. The contract will have an ordering period of three (3) years upon which Firm Fixed Price (FFP) type delivery orders (DO) and FFP task orders (TO) will be issued to acquire parts, equipment, and also to perform services to support continuity of laboratory operations and mission completion. The total contract ceiling price for the three (3) year ordering period will be $3,426,436.00. Award is anticipated in January 2019. The type of funding which will be utilized for the first (1st) year of ordering will be Fiscal Year (FY) 2018 Research Development Test and Evaluation (RDT&E) funds with future orders being funded by current year RDT&E appropriations.

_X_ An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

3. Description of Supplies/Services: [REDACTED] identified a need for supplies and services for various parts for the Autonomous Real Time Electric and Magnetic Integrated Sensor (ARTEMIS) system. These required items will supplement the current Government-owned ARTEMIS systems and include, but are not limited to various quantities of the following: 8-channel ARTEMIS Mobile Unattended Ground Sensor (UGS) system, 8-channel ARTEMIS Mobile UGS baseboard, 8-channel ARTEMIS Mobile Power Meter (MPM) system, Sixteen-channel (16-channel) ARTEMIS Mobile UGS System, 16-channel ARTEMIS Mobile UGS baseboard, ARTEMIS-Compact Peripheral Component Interconnect (CPCI) Rack multi-channel data collector and signal analyzers, ARTEMIS-CPCI Blades, ARTEMIS-CPCI Blades Rear Transition Module (RTM), ten (10) each, kHz Single-axis Alternating Current (AC) magnetic sensor loops, thirty-two (32) each, kHz Single-axis AC magnetic sensor loops, various LEMO and SAMCO cables.

User support training, and equipment engineering support includes production and software updates related to the use and custom development of delivered products under this contract. This includes support for hardware such as the various versions of ARTEMIS, magnetic sensors, and related peripherals. In addition, the support shall be provided remotely from the contractor’s location to [REDACTED]. This will also include locations where delivered hardware is deployed.

Supply/Service: ARTEMIS System Hardware and Support

Period of Performance: Three (3) years from Date of Award Total Value: $3,426,436.00 Service CLIN 0001: [REDACTED] Supply CLIN 0002: [REDACTED]

4. Authority Cited: 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.

5. Reason for Authority Cited: [REDACTED] requires an IDIQ ordering contract vehicle to acquire ARTEMIS system hardware and support in order to provide multi-channel data acquisition and reconfigurable Field Programmable Gate Array (FPGA)-based processing systems to conduct multi-modal sensor tests, evaluations and data recording [REDACTED]. The contract effort will use the knowledge obtained by Optimal Ranging Incorporated (ORI) under previous Cooperative Agreements (CAs), Cooperative Research and Development Agreements (CRADAs), and Simplified Acquisitions that have produced and delivered various versions of the ARTEMIS system, related components, software tools, spare parts as well as user training and engineering support as described in the Performance Work Statement (PWS). During these previous acquisitions, the Government has retained unlimited rights to the overall system design and source code associated with the ARTEMIS system but a Technical Data Package has not yet been delivered. The required ARTEMIS system hardware provides direct compatibility with existing Government-owned ARTEMIS systems and ARL-developed software tools [REDACTED]. ORI is the only source with the institutional knowledge of the system configuration of ARTEMIS that is required to produce hardware and [REDACTED] in order to give ORI sufficient time to manufacture and delivery the required hardware to ARL. Failure to conduct [REDACTED]. Customer project include, but are not limited to, the following: [REDACTED]. This effort requires the integration, test, and demonstration of new hardware that will include required ARTEMIS hardware.

Additional systems hardware that will be procured under this contract associated with ARTEMIS will allow a fully wireless, synchronized, distributed FPGA-based processing system with Global Positioning System (GPS) enabled timing, [REDACTED]. Any other manufacturer’s products are not compatible with existing Government-owned ARTEMIS systems nor software. Pursuing the acquisition of the aforementioned supplies and services from another vendor would result in a loss of effort and a delay of at least thirty-six (36) months in achieving current mission requirements, considering the time it would take to receive and validate the TDP, to execute a full and open competition procurement, and to build the system including all of the systems’ components. This would heavily impact the critical infrastructure and micro grid monitoring efforts at multiple Government installations negatively and is considered an unacceptable delay in fulfilling the agency’s requirement.

ORI is the joint developer with ARL of the ARTEMIS system and is the only manufacturer with the institutional knowledge and capabilities to fabricate and support the system and related peripherals. ORI is uniquely qualified to provide the requirements described in the PWS since they developed ARTEMIS with the Government under the [REDACTED] and ORI CA [REDACTED]. Under this CA, [REDACTED] only role was to assist in the

Supply/Service: ARTEMIS System Hardware and Support development of a sensor to be used with the ARTEMIS system. [REDACTED] holds no data rights to any of the ARTEMIS hardware or software. In addition, ARL has an existing CA and previously had a Cooperative Research and Development Agreement (CRADA) with ORI to develop, test and support ARTEMIS systems for multiple applications. No other manufacturer has the necessary technical expertise, experience with the existing ARTEMIS system, or the required development tools necessary to meet the Government’s minimum requirements.

A Technical Data Package (TDP) is anticipated to be acquired by the end of FY19 following the discontinuation of the current CA [REDACTED]. Though the entirety of the ARTEMIS program has been accomplished through Government funding, the TDP including system design, build, integration, test package, training documentation packages, and operation packages have not previously been required for delivery to the Government, all of which are essential to executing a competitive procurement that only ORI possesses. The Government expects to receive a TDP at the end of FY19, nine (9) months from the anticipated award of this contract. Furthermore, it is estimated that the process for the Government to validate TDP would take approximately nine (9) months to review, validate, accept, and determine its adequacy for use in a competitive procurement environment or for execution by the Government. Finally, the time associated with executing a competitive procurement would require a minimum timeframe of six (6) months. Pursuing alternative vendors to provide these highly specialized systems and services to support them is not feasible at this time as the timeframe for another vendor to build an ARTEMIS system would be approximately thirty-six (36) months. This thirty-six (36) timeframe includes nine (9) months to receive the TDP, nine (9) months to review, validate, accept, and determine the TDP’s adequacy for use, six (6) months to execute a full and open competition procurement and twelve

(12) months overlap for the continuation of deliveries during the on-ramping of the competitive awardeeDue to the aforementioned, the Government is pursuing a thirty-six

(36) month ordering period for ARTEMIS hardware and support.

As the sole developer of these systems, ORI has the institutional knowledge of the ARTEMIS system operations at ARL, whereupon any other vendor would not have the capability to produce, test, verify, and deliver the required ARTEMIS systems in the timeframe requirement by the Government. Based on the institutional knowledge held by ORI, only ORI has the background to provide critical engineering support after delivery of the ARTEMIS systems. Due to the aforementioned, ORI is the only source with the technical expertise and experience capable of satisfying Government requirements.

6. Efforts to Obtain Competition: Based on the Market Research performed (reference Section 8) by [REDACTED], [REDACTED] [REDACTED] of experience, there are no sources other than ORI capable of meeting the Government’s minimum requirements.

This is due to the fact that ORI and ARL jointly developed this system, therefore, ORI is the only company with the institutional knowledge of the ARTEMIS system and its operations. In an effort to obtain competition the following market research techniques were used to search for potential sources: Contacting knowledgeable people or Subject Matter Experts (SMEs) as well as searches on AbilityOne; CHESS; OASIS; GSA and various other internet searches (reference A01 – Market Research Document (Technical) in the contract file). Market Research determined no other vendor other than

Supply/Service: ARTEMIS System Hardware and Support

ORI were found to be able to fulfill the Government’s minimum requirement. In accordance with FAR 5.201, the Contracting Officer published a Notice of Intent to Sole Source to the Federal Business Opportunities (FBO) website on 6 November 2018 with a response date of 21 November 2018. To date, no responses were received as a result of the published intent to sole source.

7. Actions to Increase Competition: [REDACTED] has actively monitored the market for other sources with similar capabilities and will continually survey the marketplace in order to determine whether any capable sources have emerged that can fulfill the Government’s minimum requirements. To date, no other source has been found that is capable of providing the entirety or any portion of the required hardware, software, or support due to the need for compatibility for the subject requirement with existing ARTEMIS systems and software without a TDP to provide any potential source. Should there be an announcement of new technology in the data acquisition and processing market area that could provide similar capabilities to the ARTEMIS system, other firms could be considered for future competition. As discussed in section 5, upon receipt of an acceptable TDP, ARL will utilize the TDP to pursue a competitive acquisition for the whole requirement or multiple competitive acquisitions for portions of the requirement should the Government choose not to execute the TDP itself.

8. Market Research: Market research was conducted from May to June 2018 by [REDACTED], [REDACTED] with [REDACTED] of experience in the [REDACTED]. This Market Research effort was conducted in order to identify alternative suppliers for the ARTEMIS system components and for support. This consisted of contacting SMEs, [REDACTED], on the capabilities of data acquisition and processing systems as well as searches on AbilityOne; CHESS; OASIS; GSA and other various internet searches. The research information conducted prior to the generation of the Procurement Data Package (PDP) confirmed that three (3) companies manufactured similar systems, and they were: [REDACTED]. While these other vendor systems were commercially available, none of them provided the required range of capabilities, such as the need to be completely configurable, reprogrammable, and low in power usage, that the currently used ARTEMIS system has as well as offer the component compatibility. There has been a large joint effort between ARL and ORI to enhance, further develop and build the ARTEMIS system has resulted in proprietary data including a family of devices that offer revolutionary capabilities in data collection, processing, networking, and storage.

Currently there is no other equipment that can offer the same specifications.

9. Interested Sources: The Contracting Officer published a synopsis of the requirement as well as the Government’s intention to issue the contract on a sole source basis to ORI as required by FAR 5.201 on 6 November 2018. The Synopsis closed on 21 November 2018. During that posting period and thereafter, no sources have challenged the sole source or expressed interest in fulfilling the requirement. ORI does not have any authorized or non-authorized resellers of their systems.

10. Other Facts: As discussed previously, the proposed sole source action with the contractor was preceded by two Collaborative Agreement efforts that has resulted in the

Supply/Service: ARTEMIS System Hardware and Support

ARTEMIS system family of devices. The procurement history of two of those CAs are shown here:

a. Procurement History

[REDACTED]

Supply/Service: ARTEMIS System Hardware and Support

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 following:

_X_ Cost analysis _X_ Price analysis __ Should-cost

_X_ IGCE

__ Audit:

__ Other:

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

_X_ will be required.

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

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

__ Prices that will be agreed upon are based on prices set by law or regulation.

__ A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

__ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

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

Supply/Service: ARTEMIS System Hardware and Support

Approval

Based on the foregoing justification, I hereby approve the procurement of Autonomous Real Time Electric and Magnetic Integrated Sensor (ARTEMIS) System Hardware and Support, for an estimate of $3,426,436.00 and for three (3) years after Date of Award, on an other than full and open competition basis pursuant to the authority of 41 U.S.C.

1901(e)(2), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

(End of J&A)