JA_18-125_EMSS_GMSSA_JA_(AMD01)_Redacted.pdf

AMD 01: J&A for Gateway Maintenance and Support Services

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12, and FAR Part 15

Purchase Request Number: Not Applicable Contract Number: HC1013-19-C-0003 Task/Delivery Order Number: N/A Procurement Title: Gateway Maintenance and Support Services Agreement (GMSSA) Estimated Value: ( increase via Amendment (AMD) 01) Statutory Authority: 10 U.S.C. § 2304(c)(1)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (OTFAOC)

(AMD 01)

Justification for OTFAOC Number: JA18-125

Upon the basis of the following justification, I, Douglas W. Packard, as the Head of the Contracting Activity, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C. § 2304(c)(1) and FAR Subpart 6.302-1, “Only One Responsible Source and No Other Supplies or Services will satisfy agency requirements”.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Agency:

Defense Information Systems Agency (DISA) Enhanced Mobile Satellite Services (EMSS) Program Management Office (PMO) / IE21 P.O. Box 549 FT MEADE, MD 20755-0549

Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO) / PL8221 2300 East Drive Scott AFB, IL 62225

2. NATURE/DESCRIPTION OF ACTION(S):

This action seeks to issue a sole source contract with Firm Fixed Price (FFP), Cost Reimbursable (CR), and Cost Plus Fixed Fee (CPFF) Contract Line Item Numbers (CLINs) to Iridium Satellite, LLC, (Iridium), a large business operating out of McLean, VA. The purpose of this sole source contract is to support the EMSS PMO at the Department of Defense (DoD) Gateway and

AMD 01: The requested life-cycle contract ceiling for this effort, inclusive of 10% surge, is

Gatew ay Maintenance and Support Services Agreement (GMSSA)-JA18-125 AMD 01

Original: The requested life-cycle contract ceiling for this effort, inclusive of 10% surge, is . This contract will be funded using the Defense Working Capital Fund, Operations and Maintenance. This contract will provide hardware and software repair, maintenance, Gateway Technical Assistance Center (GTAC) support, and Information Assurance Vulnerability Assessment (IAVA) services for the Iridium components of the EMSS DoD Gateway.

3. DESCRIPTION OF SUPPLIES/SERVICES:

DISA serves as the primary telecommunications service provider for the DoD. Included in these services are satellite communications offerings. EMSS utilizes Iridium’s Low Earth Orbit (LEO) satellite constellation to provide global secure voice, data, paging, Short Message Service, Short Burst Data, Deployed Tactical Communication System and Certus service for the DoD, United States Government agencies, and all other authorized and sponsored agencies. The DoD owns the EMSS DoD Gateway which is a mirror image of Iridium’s commercial gateway. Technical data pertinent to Iridium equipment, systems, and software installed in the EMSS DoD Gateway is proprietary to Iridium.

The contractor is required to provide the following support functions: project management and reporting; GTAC support; operational / maintenance software patches and maintenance releases (Non-IA/IAVA); gateway hardware repair; gateway performance audit and analysis; DFLT support;

and EMSS and Iridium satellite services expert support at Government unclassified and classified meetings and events.

AMD 01: The contract will have a base period of performance of 6-months, plus four 12-month option periods for a total of 54 months. This is due to the remaining Fiscal Year 2019 funds available for the base period, after utilization of FAR 52.217-8 extension on the previous contract. The 6-month period also aligns with the EMSS PMO spending plan for Fiscal Year 2020. The estimated life-cycle cost of this procurement, including 10% surge, is .

The increased cost is a result of a change in scope to provide additional support to the DFLT site as well as higher proposal pricing submitted by Iridium for DoD Gateway support than estimated.

Original: The contract will have a base period of performance of 12-months, plus four 12-month option periods for a total of 60 months. The estimated life-cycle cost of this procurement, including 10% surge, is .

4. IDENTIFICATION OF STATUTORY AUTHORITY:

Only one responsible source and no other supplies or services will satisfy agency requirements. 10 U.S.C. § 2304(c) (l); FAR 6.302-1.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

Page 2 of 7 Pages

Gateway Maintenance and Support Services Agreement (GMSSA)-JA18-125 AMD 01

Page 3 of 7 Pages

a) Description of Events:

The current EMSS GMSSA contract, HC1047-13-C-4037, was awarded on a sole source basis to Iridium on September 30, 2013. This contract provides the maintenance services of the EMSS DoD Gateway equipment and software that is proprietary to Iridium. The EMSS DoD Gateway is the only system that can provide secure global communications for the DoD and other Government users using Iridium’s proprietary satellite constellation. No other contractor is permitted to access proprietary Iridium information that would be necessary to perform maintenance work on Iridium proprietary equipment, systems, and software installed at the EMSS DoD Gateway. In order to provide the critical secure global communications that the EMSS DoD Gateway provides DoD and other Government users, this follow on sole source contract must be awarded to Iridium.

b) Justification:

(1) Minimum Government Requirements

At a minimum, the contractor is required to provide support to the commercial Iridium servers, network switches, telephone switches, and related equipment that provide critical support to the EMSS DoD Gateway.

(2) Proposed Sole Source Contractor

Iridium is the only satellite owner-operator offering coverage over the entire globe, including the polar regions. The Iridium constellation of LEO cross-linked satellites provides critical voice and data for areas not served by terrestrial communications networks. The Iridium constellation provides true global coverage and is the only satellite service that does so. Given that the DoD often operates in regions that have no terrestrial infrastructure and limited or no alternative satellite coverage, especially in the polar regions, DoD requires continued use of the Iridium capability.

Iridium is the owner and operator of the Iridium satellite constellation and Iridium Commercial Gateway which is identical to the Government-owned EMSS DoD Gateway, both of which communicate with Iridium’s satellite constellation. Iridium develops, controls, and maintains the baseline for the Iridium Gateway and the EMSS DoD Gateway. No other entity has access to the proprietary hardware, systems, and software configurations that control the components that make up both the Iridium Gateway and EMSS DoD Gateway. As such, Iridium is the only contractor capable of meeting the requirements to maintain the EMSS DoD Gateway. If a follow-on to the current EMSS GMSSA contract is not awarded, maintenance service will be interrupted, potentially rendering the EMSS DoD Gateway non-operational. Delays or interruptions to critical, secure DoD communications that are supported by the EMSS DoD Gateway are not acceptable.

(3) Discussion Regarding Cause of the Sole Source Situation

Iridium is the sole owner and proprietor of the Iridium Gateway, upon which the identical EMSS DoD Gateway is patterned, and maintains the commercial baseline for the Iridium satellite constellation. Iridium also owns and controls all customized software, systems, and equipment to enable the EMSS DoD Gateway to function properly. No other contractor is allowed access to the proprietary Iridium software configuration that controls the gateway nor to provide proprietary Iridium equipment to support the Gateway. Any changes to the Iridium proprietary elements of the EMSS DoD Gateway must be performed by Iridium in order to maintain the proper operation and synchronization between the EMSS DoD Gateway, the commercial Iridium Gateway, and the Iridium constellation itself.

(4) Demonstration of Unique Source

The Iridium satellite system is the only network capable of delivering all EMSS requirements. The EMSS DoD Gateway is required to allow DoD and other Government users access to the Iridium constellation. The hardware, software, and systems are proprietary to Iridium and as such precludes use of other contractors’ software and management. As the gateway currently supports critical combat and intelligence operations, shutdown of the gateway would be extremely disruptive to operational communications and significantly increase the potential of loss of life. This contract is necessary to provide continued, uninterrupted support to the EMSS system and the warfighter.

(5) Impact

Due to the proprietary nature of the Iridium equipment, software and systems installed in the EMSS DoD Gateway must be awarded to Iridium; there is no other option. Failure to do so will result in disruption in on-going Government operations and the survivability of forward deployed forces that rely on EMSS will be put at risk. Periodic software, hardware and systems updates, and maintenance are required through this contract, to ensure deployed EMSS subscribers have operational and viable EMSS system capability. Lack of this capability may result in the inability to deliver information critical to national security and military operations worldwide which is unacceptable to DISA’s commitment to deliver EMSS communications capability to the Warfighter.

6. FEDERAL BUSINESS OPPORTUNITIES (FEDBIZOPPS) ANNOUNCEMENT/POTENTIAL

SOURCES:

AMD 01: A synopsis for this action was published on the FedBizOpps website, as required by FAR 5.2 on August 22, 2018 under HC1013-18-R-0021. Also a redacted J&A will be posted within 14 days of contract award.

Original:The contracting office issued a Sources Sought on May 3, 2018; there were no responses received. Iridium Satellite LLC was contacted on May 30, 2018 about their failure to respond to the sources sought, and it stated it is willing and capable of providing the required services. The contracting office will post this J&A on FedBizOpps for 15 days prior to award to allow industry adequate opportunity to comment.

7. DETERMINATION OF FAIR AND REASONABLE COST:

In coordination with DITCO’s Cost and Pricing Branch and the Technical Evaluation Team, the contracting officer will determine the price fair and reasonable. In doing so, price analysis including comparison with historical pricing data, the Independent Government Cost Estimate, market research, and other price analysis techniques will be used. Cost analysis may also be used if fair and reasonable pricing cannot be determined through price analysis alone. Other than cost and pricing data may be requested if necessary and technical evaluations will be conducted. The contracting officer and the contract specialist, with assistance from DITCO’s price analysts, will

Page 4 of 7 Pages

Page 5 of 7 Pages ensure that the resulting negotiated price is fair and reasonable to the Government.

8. MARKET RESEARCH:

EMSS PMO conducted market research to acquire gateway maintenance and service support from October 1, 2017 through May 3, 2018 to support the follow-on GMSSA contract. In accordance with FAR 17.207(d), the EMSS PMO conducted an informal analysis for market research utilizing a review of current General Services Administration (GSA) schedules and current contract pricing.

The contracting office issued an RFI on May 3, 2018 as a sources sought. There were no responses to the sources sought. Iridium was contacted on May 30, 2018 about its failure to respond to the sources sought notice. Iridium stated that it is willing and capable of providing the required services.

Market research indicates that the contractor’s pricing for the previous contract period is fair and reasonable and the most cost effective solution for the Government. Based on market research, the EMSS Program Office has made the determination that it is in the best interest of the Government to award a sole-source contract to Iridium.

Iridium, because of its proprietary network and systems, is the only contractor capable of providing the gateway maintenance and support necessary for this effort.

9. ANY OTHER SUPPORTING FACTS:

The hardware and software repair, maintenance, and GTAC support to the EMSS DoD Gateway can only be provided by Iridium. The DoD owns the EMSS DoD Gateway and Iridium owns the commercial constellation. The EMSS DoD Gateway is identical to a commercial Iridium gateway.

Technical data pertinent to the EMSS DoD Gateway is proprietary to Iridium.

10. LISTING OF INTERESTED SOURCES:

Iridium Satellite LLC.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS THAT

LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History

1) GMSSA

Contract Number: DCA-100-03-P-4220 Contractor: Iridium Contract Period: Dec 2003 - Sept 2005 Contract Type: FFP, Sole Source Objective of Contract: This contractual effort consisted of the following indivisible components:

Software Optimization program (SOP), Gateway Equipment Repair and related Services, GTAC, Gateway Performance Audit and Analysis Program, Router Based Unstructured Digital Inter-working Connectivity Solution (RUDICS), and Information Assurance at the DoD Gateway.

Total Estimated Contract Value: $4,050,000

Page 6 of 7 Pages

2) GMSSA

Contract Number: HC1047-06-C-4008 Contractor: Iridium Contract Period: April 2006 - Sept 2007 Contract Type: FFP, Sole Source Objective of Contract: This contractual effort consisted of the following indivisible components:

SOP, Gateway Equipment Repair and Related Services, GTAC, Gateway Performance Audit and Analysis Program, RUDICS, and Information Assurance at the DoD Gateway.

Estimated Contract Dollars: $8,431,830

3) GMSSA

Contract Number: HC1047-08-C-4005 Contractor: Iridium Contract Period: March 27, 2008 – September 30, 2013 Contract Type: FFP, Sole Source Objective of Contract: This contractual effort consists of the following indivisible components:

SOP, Gateway equipment Repair and Related Services, GTAC, Gateway Performance Audit and Analysis Program, RUDICS, and Information Assurance at the DoD Gateway.

Estimated Contract Dollars: $31,383,076

4) GMSSA

Contract Number: HC1047-13-C-4037 Contractor: Iridium Contract Period: October 1, 2013 – September 30, 2018 Contract Type: FFP, Sole Source Objective of Contract: This contractual effort consists of the following indivisible components:

SOP, Gateway equipment Repair and Related Services, GTAC, Gateway Performance Audit and Analysis Program, RUDICS, and Information Assurance at the DoD Gateway.

Estimated Contract Dollars: $49,000,000

The sole source requirement is driven by the Government's need for a mobile satellite service and equipment support contract to provide specific services, hardware, software, and firmware only available from Iridium. Previous contracts for these services were accompanied by J&A’s to support sole source efforts. Prior to the exercise of options, pursuant to FAR Part 17, the Government will assess new services available to determine the most advantageous means to fulfill its requirements.

12. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP):

In accordance with the exceptions under DISA Acquisition Regulation Supplement 7.103 Table 7.1, an AP is not required.

Page 7 of 7 Pages

TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance, which are included in the J&A, are accurate and complete to the best of my knowledge and belief.

NAME: Mr. Leroy Long SIGNATURE: See separate PDF

TITLE/ORGANIZATION: EMSS Program Manager (Acting)/IE21

PHONE: DATE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance, which are included in the J&A, are accurate and complete to the best of my knowledge and belief.

NAME: Mr. David B. Bennett SIGNATURE: See separate PDF

TITLE/ORGANIZATION: Director, Operations Center

PHONE: DATE:

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: Jennifer M. Jones SIGNATURE: See separate PDF

TITLE/ORGANIZATION: Contracting Officer

PHONE: DATE:

HEAD OF THE CONTRACTING ACTIVITY APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification for OTFAOC does not exceed $93M, this review serves as approval.

NAME: Victoria L. Nemmers, Col, USAF SIGNATURE: See separate PDF

TITLE/ORGANIZATION: Head of the Contracting Activity

PHONE: DATE: