CAO-21-0361 FAR-Part13-5-Limited Source-GNAT ProAda_Redacted.pdf

Control No:

Contractor: TBD

Program/Equipment: GNAT Pro Software, Licenses & Maintenance

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

APR 2021

JUSTIFICATION REVIEW DOCUMENT AMENDMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – LIMITED SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: The purchase and delivery of GNAT Pro Software and licenses, including software maintenance for United States (US) Army Combat Capabilities Development Command Armament Center.

Authority: Simplified Procedures for Certain Commercial Items, Title 41 United States Code (U.S.C.) 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.5.

Amount:

Prepared by: DSN:

Contract Specialist Date: 09 June 2021 Email:

Contracting Officer: DSN:

Contracting Officer Date: 07 July 2021 Email:

Technical: DSN:

Competency Manager Date: 07 July 2021 Email:

Requirements: DSN Lead Procurement Coordinator Date: 07 July 2021 Email:

Program/Equipment: GNAT Pro Software, Licenses & Maintenance

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

APR 2021

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

1. Contracting Activity: US Army Contracting Command – New Jersey, 9 Phipps Road, Picatinny Arsenal, New Jersey 07806-5000

2. Description of Action: US Army Combat Capabilities Development Command Armament Center (CCDC AC), Weapons and Software Engineering Center (WSEC) Firing Tables and Ballistics Division (FCDD-ACW-FT) and Artillery Fire Control System Division (FCDD-ACW-FI) of the Fire Control Systems and Technology Directorate (FCSTD) requests a 12 month, Firm-Fixed-Price (FFP) contract for GNU NYU Ada Translator (GNAT) Pro Software Licenses, associated commercial software maintenance and direct line technical support. This is a brand name requirement for software developed by AdaCore Technologies, Inc. The Government projects award in fiscal year 2021, Research Development Testing & Evaluation funds will be used.

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: Firing Tables and Ballistics Division (FCDD-ACW- FT) and Artillery Fire Control System Division (FCDD-ACW-FI) of the Fire Control Systems and Technology Directorate (FCSTD) of the WSEC, CCDC AC, located at Aberdeen Proving Ground, Maryland and Picatinny Arsenal, New Jersey, require the 100% brand name commercial software purchase of AdaCore’s “GNAT Pro” software licenses and maintenance. This software is used in the development of ballistic software.

This requirement will purchase the software, licenses and maintenance, such as annual support, patches, bug fixes, and updates, as required, to keep the software working properly and efficiently.

Purchase of the following commercial AdaCore software and subscriptions include:

For up to 15 users, GNAT Pro Enterprise Ada cross environment for ARM Android hosted on x86 Windows, GNAT Pro Enterprise Ada for x86-64 Windows (64 bits) native, GNAT Pro Enterprise Ada for x86 Windows (32 bits), GNAT Pro Enterprise Ada for x86- 64 GNU Linux (64 bits) native, and CodePeer for x86-64 Windows (64 bits) native.

For up to 38 users, GNAT Pro Enterprise Ada for x86-64 Windows (64 bits) native, GNAT coverage for x86-64 Windows (64 bits) native, GtkAda for x86-64 Windows (64 bits) native, and CodePeer for 64 bit.

Program/Equipment: GNAT Pro Software, Licenses & Maintenance

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

APR 2021

For up to five users, GNAT Pro for PowerPC VxWorks 6.x hosted on x86 GNU Linux (32 bits), GNAT Pro Enterprise Ada for x86 Linux (32 bits), and CodePeer for 32-bit.

Software maintenance and original equipment manufacturer helpdesk support shall be provided for the items in the form of licenses, software upgrades, toolset support, and unlimited access to the original equipment manufacturer software experts for the products and programming languages indicated in this SOW. The Contractor shall provide allow the government ender user access to the original equipment manufacturer’s technical support, as needed.

Period of Performance: 12 months after award Total Value:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5: Brand Name

5. Reason for Authority Cited:

Ada Core, and the New York University developed the GNAT Pro software which is a compiler, but it is available from other resellers. Ada Core does not have any exclusive relationships, and as such there are no authorized resellers, but Ada Core will sell to any seller of the end user’s choosing, and, any technical support services on the commercial software licenses required is provided by Ada Core directly. This is detailed in an email, dated 8 September 2020, from Ada Core. Ada Core stated that if a third party sells their software licenses the associated support is provided by Ada Core directly subject to their terms and conditions being accepted by both the reseller, and end user. Therefore, the determination was made that this is no longer a sole source requirement to Ada Core as in the past, but is now a brand name requirement, which could be provided by any company willing to re-sell the software licenses to the Government.

The development environment made by AdaCore is the only development environment that can be used to integrate other Government-off- the-Shelf (GotS) code that is part of code reuse efforts. Due to the GotS code originally being developed in this development environment, utilizing the same development environment causes the least amount of risk the project would incur when integrating the code into the various projects.

Other software brand alternatives, such as , were considered, but these new software applications would not have the same support and maintenance required by the Government. In addition, there would be substantial duplication costs associated with identifying, implementing and utilizing another software brand that would not be recovered through competition. These costs are broken down as follows:

Program/Equipment: GNAT Pro Software, Licenses & Maintenance

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

APR 2021

Reworking Requirements:

Redesigning System Architecture:

Recoding/Training Developers:

Training of Software Engineers:

Total Duplication Costs

There are no suitable contracting alternatives to this brand name only approach. The Government does not possess the capability to provide their own support for either this version or a different version of the GNAT Pro software. As a result, a brand name only approach is the best path forward.

Lastly, not awarding this on a brand name for AdaCore GNAT Pro software . This would cause the

Government to incur significant costs and would take a substantial amount of time to correct. Utilizing any other development environment would require complete redevelopment of the code, which will include all testing and approvals, which in turn would lead to delays in supporting and releasing upgrades to currently fielded warfighter systems resulting in potential mission failure for the units depending on those systems.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: Market Research will be refreshed annually to determine if there have been any changes allowing for full and open competition.

Engineering staff will continue to explore new software products to achieve its R&D mission in a faster more productive manner to include cost reduction by searching for similar products available for purchase on GSA, NASA SEWP and CHESS websites, as well as reviewing other industry magazines. The engineering staff is continuously inviting private industry high-end software manufactures to the facility to demonstrate their software capabilities and capacities.

8. Market Research: A SSN (W15QKN-20-X-0CXL) was posted to Sam.gov Website on 22 July 2020. Two responses were received and both were found to be not technically capable, as they were offering software other than GNAT that would not meet our current needs. In addition to the Sources Sought Notice, the Requiring Activity’s

, CCDC AC Computer Scientist, searched the internet to identify other brand name software applications, and identified , but as identified above, competition would never recover any costs already expended over the past several years for the current software platforms that use AdaCore’s GNAT Pro Software as documented in the Market Research report. Historically, this software was purchased direct from AdaCore, Program/Equipment: GNAT Pro Software, Licenses & Maintenance

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

APR 2021

however, the most recent contract was awarded to R3 Uniq Inc. (dba Quadyster). There are multiple resellers for this software.

9. Interested Sources: See paragraph six. To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History:

Description of Requirement: GNAT Pro Ada software and licenses.

(1) Contract number: W15QKN-21-C-0016, awarded Contractor: R3 Uniq Inc.

Period of Performance: 18 September 2020- 17 September 2021 Total Awarded Amount:

(2) Competitive Status: Full and open (limited source justification)

(3) N/A

(4) The previous Limited Source Market Research will be refreshed annually to determine if there have been any changes allowing for full and open competition.

(5) No known contract previous to this was accomplished using full and open competition.

(6) There are no unusual patterns to be revealed by the history of these software buys.

(7) There have been no significant changes to the circumstances justifying this procurement through the years.

Description of Requirement: GNAT Pro Ada software and licenses.

(1) Contract number: W15QKN-19-C-0066, awarded Contractor: Ada Core Technologies Period of Performance: 19 September 2019 – 18 September 2020 Total Awarded Amount:

(2) Competitive Status: Sole Source Call Order

(3) FAR 13.106-1(b)(1) only one source reasonably available, exclusive licensing agreement

(4) The previous Limited Source Market Research will be refreshed annually to determine if there have been any changes allowing for full and open competition.

(5) No known contract previous to this was accomplished using full and open competition.

(6) There are no unusual patterns to be revealed by the history of these software buys.

(7) There have been no significant changes to the circumstances justifying this procurement through the years.

Program/Equipment: GNAT Pro Software, Licenses & Maintenance

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

APR 2021

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.

Typed Name: Date: 7 July 2021

Title: Competency Manager Signature:

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.

Typed Name: Date: 7 July 2021 Title: Lead Procurement Coordinator Signature:

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 based on price analysis, to include a review of pricing from previous same/similar procurements, and, comparison to the independent Government estimate.

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.

Typed Name: Date: 07 July 2021 Title: Contracting Officer Signature:

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

Typed Name: Date: 07 July 2021 Title: Contracting Officer Signature:

Program/Equipment: GNAT Pro Software, Licenses & Maintenance

CUI

(Source Selection information - See FAR 2.101 and 3.104-4)

APR 2021

Approval

Based on the foregoing justification, I hereby approve the procurement of GNU NYU Ada Translator (GNAT) Pro Software, Licenses and Maintenance on a limited source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Date: 14 July 2021 Title: Contracting Officer

Signature: