JA_Sole_Source_Justification_-_FAR_13.5__SPEAR_database_Redacted.pdf

JA No.

Sole Source Justification Under the Authority of the FAR 13.5 Simplified Procedures for Certain Commercial Items

41 U.S.C. 1901

Justification for Sole Source Acquisition FAR 13.501

Authority: (41 U.S.C. 1901) Project/Program Name: SPEAR Database

Component/PEO/Other: COMNAVSPECWARCOM Estimated Contract Cost (including options): $2,000,000.00.

Type: (Individual or Class )

JA No.

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1)) Agency: USSOCOM

Contracting Activity: COMNAVSPECWARCOM

2000 Trident Way, Bldg. 624

San Diego CA 92115-5599

2. Description of Action: (FAR 6.303-2(b)(2)) Approval is being requested for a new Indefinite Delivery Indefinite Quantity (IDIQ) type contract with a five year ordering period issuing Firm Fixed Priced task orders. The contract will be funded at the Task Order level with Operations & Maintenance (O&M) funding applicable to the fiscal year in which orders are issued.

Per FAR 13.501, post on FBO within 14 days after contract award, or within 30 if based on urgency (unless a 5.202 exception applies).

If citing brand name post with solicitation.

This contract will be awarded to TITUS Sports Academy, LLC (TITUS) (CAGE 53YT0) on a sole source basis for the reasons outlined herein.

3. Description of Supplies/Services: (FAR 6.303-2(b)(3)) This requirement is to renew license agreements to allow continued access to the SPEAR Database, which is critical to successful operation of the Human Performance Program (HPP).

The scope of this requirement also includes the potential for data transfer support services should it become necessary to transition NSW HPP data records to a SOCOM enterprise solution in the future. IDIQ ceiling will also account for potential use by other SOCOM component commands as they are also in the same position as NSW and must comply with USSOCOM PM 18-35. The estimated maximum value of this requirement is $2,000,000.00.

HPP falls under the Preservation of the Force and Family Task Force (POTFF) Special Operations Command (SOCOM) program of record (POR). TITUS Human Performance Solutions developed this database as a modification to an existing COTS product, which captures and reports service members’ demographics (to include Human Performance data and medical data) through an Office of Navy Research Contract # W911QY-15-P-0452 on SOCOM’s behalf. SOCOM is pursuing a different approach and does not plan to continue with TITUS after expiration of the current contract on September 27, 2019. There is currently no replacement solution available for use, and it is unknown when and if one will be available on the .mil or secure government cloud. It is also unknown whether SOCOM will provide an enterprise solution or components will need to pursue their own contract.

Naval Special Warfare (NSW) has utilized this database for the past four years and has been inputting all service members’ HPP data into the system. Therefore, the existing SPEAR database holds these current and historical NSW HPP data records. It also provides NSW with data to be shared on our HP Dashboard. Given this and for other reasons herein, NSW must continue use of the database as there is no operationally acceptable alternative database at this time. NSW must also plan for potential uncertainty regarding the acquisition strategy, including time for acquisition planning and activities, as well as any transition time in the event the Government pursues a different approach. The HPP requires ongoing continuous monitoring and tracking of individuals’ data across their career, which requires a consistent method and infrastructure to collect, use and analyze such data. Any significant lapse or switch to a new database without sufficient transition would be unacceptable as part of the requirement is to make real-time assessments and identify potential risks or harms before they materialize.

4. Authority Cited: (FAR 6.303-2(b)(4))

This sole source acquisition is being conducted under the authority of the simplified acquisition procedures for certain commercial items at 41 U.S.C. 1901, as implemented by FAR 13.501(a).

For the reasons described in Paragraphs 5 and 7, TITUS is the only responsible source capable of providing the HP database and software licensing required.

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

As described in paragraph 3, this HP COTS-modified database was developed by TITUS.

There are no known similar database solutions that currently meet all HPP technical database requirements. First, the SPEAR database has several protections in place to decrease the potential risk of data manipulation. They have 2 point verification with NIPR access and CAC log in to their database, and Titus is hosting SPEAR on the Army Analytic Group (AAG) server, which is the highest level of security on the UNCLASS NIPR server. These features are not available in other COTS databases. Additionally, this database is the only Human Performance (HP) database that is hosted on the secure IL5, .mil server and Common Access Card (CAC) enabled pursuant to cyber security and information assurance regulations. Further, no other database is known to be compliant with BUMEDINST 6110, BUMEDINST 6320.66E and NAVMED P-117 medical records documentation policy. Among other things, they require that a credentialed licensed health care provider must document their services in the active duty service member’s electronic medical record. The current database has a feature that automatically uploads all Standard Form 0600 sport medicine records into service members’ records in Armed Forces Health Longitudinal Technology Application (AHLTA) via Health Artifact and Imaging Management Solution (HAIMS). TITUS also has current DD Form 254 for all their staff that deal with SOCOM data. Regarding use by other SOCOM components, having an enterprise-wide database system NSW provides the ability to aggregate critical data on the operators and service personnel to rapidly identify potential physical and cognitive performance risk factors and track individual’s performance throughout their career. This information is used to generate reports on the readiness of the Force, which is a required aspect of HPP. Finally, without the renewal of the license agreements, NSW would lose the ability to track all HP metrics and medical documentation starting 30-SEPT-19. NSW’s historical data and records for data reporting would be archived and NSW could not perform ongoing live data analytics to meet HPP requirements to optimize and sustain physical and cognitive performance. Such lapse would place NSW out of compliance with USSOCOM PM 18-35, which requires all HP data and metrics be tracked in the SPEAR database. USSOCOM PM 18- 35 also states that HPP is not an option and as a readiness program it is mandatory for all SOF operators.

Given that this COTS-modified database was developed by TITUS under W911QY-15-P-0452, they are the sole manufacturer of the software and there are no known distributors of the software and/or its licenses; therefore TITUS is the only known company capable of renewing these license agreements. The Government does not have data rights sufficient to provide to Industry for competitive re-procurement.

While there are other COTS databases that track HP type data, none exist that meet all SPEAR unique requirements including security controls such as being on the secure IL5.mil server and CAC enabled. Based on historical experience with the SPEAR database, it could take a commercially available COTS software system up to three years to obtain the necessary Government approvals and certifications to meet security requirements. Further, it could result in significant duplication of costs, unlikely to be recovered through competition. In addition to the time associated with the modifications, there would also be transition time needed for transferring data, and training personnel on the new database. Finally, the contract includes potential time for acquisition activities that may be required as the way forward, likelihood of another solution becoming available, and timeframe of when that may happen is uncertain.

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6)) The notice will be posted with the solicitation as it cites a brand name.

A notice will be posted within 14 days of contract award (30 if based on urgency).

The notice was not publicized as required by FAR 5.2. If a notice was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was: .

As described above, the way forward is uncertain at this time. The Government will assess on an annual basis as to current status and the extent of competitive opportunities available in the marketplace in accordance with the FAR.

7. Market Research: (FAR 6.303-2(b)(8)) As indicated in the Market Research report, the Government conducted market research which included a review of industry websites,Professional contacts and experience with other vendors, GSA eBUY and Google Searches and have found no other product that meets all HPP requirements.

8. Interested Sources: (FAR 6.303-2(b)(10)&(11)) TITUS Sports Academy, LLC

1425 Village Square Blvd, Ste 2

Tallahassee, FL 32312-1272

CAGE: 53YT0, DUNS: 557190209

No other interested sources have been identified.

9. Other Authorities/Factors: (FAR 6.303-2(b)(9)) None.

10. Technical and 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:

NAME: TITLE:

SIGNATURE:

NAME: TITLE:

SIGNATURE:

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7)) I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on analysis conducted per FAR 13.106 as supplemented by

FAR 15.4.

CONTRACTING OFFICER SIGNATURE IN SECTION 12 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

12.Contracting Officer Certification:

I hereby certify that this Justifcation is complete and accurate to the best of my knowledge and belief.

NAME: TITLE:

SIGNATURE:

13. Legal: SOFARS 5601-1

I have reviewed this document and find the Justification legally sufficient to support other than full and open competition:

SIGNATURE:

14. Approval: Agency Advocate for Competition (AAC):

Based upon the foregoing justification, I hereby approve the procurement of this SPEAR Software License Renewal in the estimated maximum value of $2M. The requirement will be solicited on an other than full and open competition basis. The action(s) pursuant to this J&A are subject to the availability of funds and the completion of all required statuatory and regulatory reviews and approvals.

SIGNATURE: