FAR-Part6-JA-W15QKN20Q0033-FINAL- BETASAM.pdf

Control No:

Contractor: BAE Systems Information and Electronic Systems Integration Inc.

Program/Equipment: MIRC/SOCET GXP Software Licenses and Support

Version – September 2018 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: The Military Intelligence Readiness Command (MIRC) requires the acquisition of British Aerospace Engineering (BAE) SOCET Geospatial Exploitation (GXP), InMotion Server, and Xplorer Server software to conduct Process, Exploitation, and Dissemination (PED) training and operations.

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: $ 297,750.00

Prepared by: DSN:

Contracting Specialist Date: 03 September 2020 Email:

Contracting Officer: DSN: 562-8099 Contracting Officer Date: 03 September 2020

Technical: DSN:

MIRC CCB Deputy Date: 03 September 2020

Requirements: DSN:

MIRC CCB Date: 03 September 2020

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Program Manager:

Typed Name:

DSN:

Signature:

Legal Counsel:

Date:

Branch Chief:

Phone Number:

Division Chief:

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: Army Contracting Command- New Jersey

2. Description of Action: Military Intelligence Readiness Command (MIRC) requests a firm fixed price contract to BAE Systems Information and Electronic Systems Integration Inc. The Government projects award for Fiscal Year 2020, Operation and Maintenance Army Reserve (OMAR) 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: This requirement is to acquire 60 BAE SOCET Geospatial Exploitation (GXP) devices, three InMotion Servers, and three GXP Xplorer Server continued software licenses with upgrade entitlement (UE) support for each product license. SOCET GXP is an imagery exploitation and data management tool used to conduct imagery analysis. The Period of Performance is to deliver the new licenses and software thirty (30) days from delivery order award. The total order value is estimated at

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:

As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. As further described in FAR 6.302-1(c), an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 6.303 and 6.304.

BAE Systems is the sole proprietor of SOCET GXP. The MIRC has been directed to engage a new readiness training set specifically tailored to prepare military intelligence Soldiers to generate GXP intelligence reports and products. This training will provide expanded Geospatial Intelligence (GEOINT) support to designated future deployments or contingencies in the Joint, interagency, intergovernmental, and multinational environment.

Program/Equipment: MIRC/SOCET GXP Software Licenses and Support

Version – September 2018 FOR OFFICIAL USE ONLY

In preparation to execute this mission, the MIRC has already begun to address network hardware and circuit deficiencies at its five Army Reserve Intelligence Support Centers (ARISC) sites to meet the classified network security criteria governing access to the Intelligence and Security Command (INSCOM) servers and ultimately the GXP data.

To that end, the MIRC utilizes BAE SOCET GXP, InMotion Server, and Xplorer Server software to conduct Process, Exploitation, and Dissemination (PED) training and operations. The Department of the Army G2 Execution Order 15-089 identified four ARISC as PED reach sites. These sites employ the GXP software suite to exploit, analyze, capture, and disseminate near real time intelligence to forces forward. This software is part of the Army’s program of record, Distributed Common Ground System – Army (DCGS-A) and is the Army’s primary tool for GEOINT Soldiers. The licensing on this software ensures that the MIRC can train for, and support PED requirements. The software licensing package includes upgrade entitlement for new software, vendor based training, on hand labor to troubleshoot software challenges, and the vendor maintains responsibility for the certificate of networthiness (CoN).

BAE Systems’ SOCET GXP software is employed exclusively by INSCOM to conduct GEOINT training missions. This software meets the stringent standards identified by INSCOM, is capable of being utilized in the classified arena, and provides support that ensures the safety and efficiency of national intelligence. The SOCET GXP software is fully integrated into INSCOM’s production environment, being an integral part of is GEOINT network architecture.

BAE Systems is the only software vendor of these licenses that INSCOM utilizes to create live environment GEOINT reports and products in support of contingency operations, a skillset that the MIRC intelligence Soldiers have been directed to master.

Not purchasing the SOCET GXP licenses and server would render the MIRC incapable of accessing the quality data required by INSCOM which ensures reporting and production integrity and accuracy. This posture would impose irreparable harm to MIRC operations notably with its support to intelligence agency partners and joint force training agreements which rely on the ARISC GEOINT training platform to meet their mission needs. The MIRC has a directed training objective and not employing the required software to ensure mission success would cause a break in deployment cycle for GEOINT specialized Soldiers.

BAE SOCET GXP is part of the Army’s Distributed Common Ground System (DCGS-A) Program of Record (POR) and is used exclusively by INSCOM. Integration of any other software and hardware besides BAE Systems’ SOCET GXP and GXP Xplorer server would require purchase of a completely new mapping system, incurring considerable extraneous costs to include other proprietary software, hardware, and engineering that would cost approximately $2 million to bring a software package into the classified environment with all required authority to operation approval from INSCOM’s Information Assurance Branch. This would far exceed any foreseen cost savings associated with purchasing an alternative product. It can be concluded, at this time, that the technical experts within INSCOM and NGA have been unable to find an acceptable alternative software platform with the capability to perform all of the stated requirements.

Program/Equipment: MIRC/SOCET GXP Software Licenses and Support

Version – September 2018 FOR OFFICIAL USE ONLY

BAE SOCET GXP is a geospatial-intelligence software solution that uses imagery from satellite and aerial sources to identify, analyze, and extract ground features quickly, allowing for rapid product creation. Ingesting imagery and video from government, commercial, satellite, and tactical sources, BAE SOCET GXP accurately displays, annotates, catalogs, and extracts information used to create 3-D maps, develop transportation infrastructure, manage natural resources, utilities and communications networks, coordinate operational missions, designate troop maneuvers, and build geospatial intelligence reports.

With BAE SOCET GXP, customers can automatically measure and store properties such as height, elevation, latitude, and longitude in a series of images, creating 3-D maps and city models. Data generated can be used to perform before-and-after site comparisons, coordinate operational missions, and monitor changes over time. BAE SOCET GXP is designed to simplify workflows and automate the complicated processes associated with geospatial product creation. It is a comprehensive solution that satisfies multiple project requirements while reducing training, support, operating, and maintenance costs.

BAE Systems’ proprietary software bundle further provides advanced viewing capabilities that include orthorectified imagery in real time, 3D Multiport, image screener, and video analysis. Combined with automatic texture patching of image pixels to replace a shaded texture on a 3D view, expanded imagery analysis for Multi-Spectral and Hyper- Spectral (MSI/HSI) processing, and supervised and unsupervised classification, SOCET GXP software provides features critical to creating the most accurate and timely GEOINT products to mission commanders.

Users and decision-makers at all levels can employ SOCET GXP to analyze data and build geospatial intelligence products. The application enables interoperability and collaboration and provides direct connectivity with other mapping software and databases to create, store, and share information, a mission essential capability when battling an ever-evolving enemy on a dynamic battlefield.

The GXP Xplorer server and SOCET GXP software with support and training are patented, proprietary products of BAE Information and Electronic Systems under their exclusive worldwide developer and distributor rights. BAE only allows select vendors resale rights to their products in the United States while maintaining software licensing, maintenance, and support services rights. As such, these products can only be purchased from either BAE Systems or their designated resellers.

At this time, INSCOM has determined, based on market research and classified network usage agreements with National Geospatial-Intelligence Agency (NGA), that BAE Systems’ proprietary software and training is uniquely designed to support the MIRC’s directed training mission. Therefore, the MIRC is directed to purchase the BAE SOCET GXP and GXP server products to meet mandated mission training by INSCOM. There are no known actions that could be taken to overcome barriers to competition given that INSCOM has already adopted BAE SOCET GXP software in their training and production formation and in order to access intelligence on INSCOM’s database, the MIRC must deploy the same technology. There is no viable option for the MIRC at this

Program/Equipment: MIRC/SOCET GXP Software Licenses and Support

Version – September 2018 FOR OFFICIAL USE ONLY time to utilize another GXP intelligence software solution that would satisfy the criteria set by INSCOM.

The training time lost under this scenario, allowance for extended learning curve time, and hardware and construction lead times to retrofit the facility and network equipment would equate to thousands of man-hours and jeopardize ongoing support to deployed forces currently operating in the Central Command (CENTCOM) Area of Responsibility.

This is in addition to the risk inherent with failing to meet intelligence mission requirements for combatant commanders, intelligence agencies and joint operations.

The most egregious effect befalls GEOINT disciplined Soldiers who would not be qualified to deploy in their specialty, further crippling national defense efforts.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(11), this action will not be synopsized.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: N/A

7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are any changes in the marketplace that would enable future actions to be competed without restriction. If other software is approved for use by the INSCOM for connection to their domain controller and the classified intelligence networks, or if the Government determines that the products are no longer required, the Government will seek competition through other products to the maximum extent practicable in the future for required functionality.

8. Market Research: Market research was conducted online from November 2019 to June 2020 by the MIRC. The Army Contracting Command—New Jersey also conducted market research July 2020 through August 2020 to determine which companies/vendors/distributers/resellers offered BAE SOCET GXP software family of products, server and service. Market research included the following resources:

a) Army CHESS IT contract ITES-SW and software agreements. One (1) awarded vendor, Four INC is an authorized distributer of SOCET GXP software products with software support services performed by BAE. However, as of 25 August 2020, due to an expired licensing agreement, Four Inc. is no longer an authorized reseller of SOCET GXP. Therefore the procurement of SOCET GXP software is not within the scope of the CHESS contracts in reference to Statement of Non- Availability (SONA) # 216763629.

b) GSA Advantage. BAE Systems is the only source listed.

c) FedBizOpps. This resource provided background and revealed how agencies

(including DoD) fulfilled their requirement for GXP software and service over a ten

Program/Equipment: MIRC/SOCET GXP Software Licenses and Support

Version – September 2018 FOR OFFICIAL USE ONLY year period. During that time period, a total of 27 awards were made; almost were to BAE Systems and others to authorized reseller Four Inc.

d) Federal Procurement Data System (FPDS). Results from database inquiry determined over a ten year period (FY10-current date FY20), the Department of the Army performed 132 contract award actions to acquire GXP intelligence software products and services. Of those 132 actions, only four (4) awards went to vendors other than BAE: Four Points Technology LLC, Iron Bow Technologies, Four LLC, and VCloud Tech Inc.

e) BAE Systems website. This confirmed BAE Systems is the proprietary distributor of SOCET GXP software, GXP server, maintenance and training in the United States.

f) On 15 July 2020, Contract Specialist Brianna Feaster of the Army Contracting

Command—New Jersey posted sources sought on GSA, BETASAM, and CHESS.

Responses received on GSA and BETASAM concluded that there are no authorized resellers of BAE SOCET GXP and GXP server products on either. After contacting BAE Systems directly, it was determined that the only authorized reseller is, Four Inc., a vendor on CHESS ITES-SW. BAE Systems provided an authorization letter on 28 July 2020 that is included in the file.

g) On 25 August 2020 Contract Specialist reached out to Four Inc. after receiving information from another Contract Specialist that Four Inc.’s contract has since expired and they are not currently authorized to resell the necessary products on CHESS. John Todd of Four Inc. stated in an email included in the file that:

“Unfortunately at this point in time the OEM has not been able to provide us the proper documentation to get this added back onto the Army CHESS ITES-SW Catalog. In order to be part of the Army CHESS ITES-SW product catalog the product must have one of three things:

1.) A non-expired 2.) RMF certification 3.) Listed on one of the DODs 6 Approved Product Lists.

These products were previously on a CON but it has since expired. Without one of these three things we would not be able to add the products back on contract.

With that said, the new follow on ITES-SW2 contract is supposed to be announced any day now. That new contract does not have the CON, RMF, APL requirement. However, we have no control over when that new contract "goes live." I hope this helps explain the situation. We've requested some additional information from BAE Systems to get this added back on, but they have not been able to provide us what's needed.”

Since BAE Systems Information and Electronic Systems Integration Inc. did not identify any other authorized resellers on CHESS, the only option is to go sole source to BAE Systems Information and Electronic Systems Integration Inc.

9. Interested Sources: N/A

10. Other Facts:

a. a. Procurement History:

Contract: GS-35F-351DA, PO# HHSP233201700139W Contractor: BAE Systems Award Date: 1 June 2017 Competitive Status: Sole Source Authority: Multiple Award Schedule Program. In accordance with FAR 8.405-6(b), consideration of schedule contractors will be restricted only to the item peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

Contract: W52P1J-15-D-0006 Order Number: 2T15 Contractor Four Inc.

Award Date: 13 March 2018

Given the Department of Army’s procurement history for geospatial exploitation software products, marketplace alternatives – comparable to BAE Systems proprietary suite – may not be readily available in the market place despite Government’s efforts to pursue full and open competition.

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.

Technical:

MIRC CCB

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.

Requirements:

Deputy Commander, MIRC

Program/Equipment: MIRC/SOCET GXP Software Licenses and Support

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 by a price analysis of proposed prices to historical prices; as well as compare proposed prices to the Independent Government Estimate.

As part of this basis, certified cost and pricing data will not be required because a commercial item is being acquired.

This determination will be made using price analysis. As part of this basis, certified cost or pricing data will not be required due to the exception of FAR 15.403 “a commercial item is being acquired”.

Typed Name: Date:

Title: Contracting Officer Signature:

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

Typed Name: Date:

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of BAE SOCET Geospatial Exploitation (GXP), InMotion Server, and Xplorer Server software in the amount of $297,750.00 on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(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.