Redacted_JA.pdf

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification, Supporting Procurements under FAR Part 12, FAR Subpart 13.501, and FAR Part 15

Purchase Request Number: 10674251 Contract Number: To Be Determined (TBD) Task/Delivery Order Number: TBD Procurement Title: DataPath, Inc. Maxview Monitor and Control (M&C) software licenses and support Contracting Office: Defense Information Systems Agency (DISA), Defense Information Technology Contracting Organization (DITCO) Estimated Value: $6,375,704.00 Statutory Authority: 10 U.S.C.§2304(c)(1) and FAR 6.302-1/DFARS 206.302-1

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (OTFAOC)

Justification for OTFAOC Number: JA15-061

Upon the basis of the following justification, I, as Procuring Activity Competition Advocate, 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 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

JUSTIFICATION

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requiring Agency:

Army Program Manager (PM) Warfighter Information Networks – Tactical (WIN-T) 6010 Frankford Street Aberdeen Proving Ground, Maryland 21005

Contracting Office:

DISA/DITCO/PL83

2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225

2. NATURE/DESCRIPTION OF ACTION(S):

The nature of this action is to procure proprietary brand-name commercial off-the-shelf DataPath, Inc. Maxview M&C software licenses and support for the Army PM WIN-T. The software is used to provide command and control capability for the entire Army tactical network.

This requirement will be awarded as a new firm fixed price contract. The period of performance (PoP) is for one base year and two 1-year option periods. The applicable North American Industry Classification code is 511210, Software Publishers. The estimated lifecycle value of the

DataPath, Inc. Maxview M&C for WIN-T-JA15-061 contract is $6,375,704. Procurement and Operation and Maintenance Army funds will be used to fund this requirement.

3. DESCRIPTION OF SUPPLIES/SERVICES:

The WIN-T program requires DataPath, Inc. Maxview M&C software licenses and support to be used for command and control capabilities of satellite terminals across the Army tactical network. The DataPath Maxview M&C software enables the warfighter to control the azimuth, elevation and roll of the satellite terminal (STT), as well as monitor the operating state of multiple hardware devices, automate complex service tasks and unify disparate systems into one view. DataPath Maxview software provide intuitive, simple interfaces for operators to establish and maintain missions quickly and efficiently with the ability to report trending and analytics to maximize the quality of service provided by systems managed by the Maxview M&C software.

WIN-T is the Army’s current and future tactical communications network. WIN-T provides networking capabilities to units at the quick-halt with enhanced networking to improve efficiency and encryption down to the battalion level; allows the warfighter to use advanced networking capabilities, retain interoperability with current force systems and future WIN-T or other tactical communications systems. WIN-T also provides the initial on-the-move capability and a mobile infrastructure down to the company level and maneuver brigades enabling network mobility by employing military and commercial satellite connectivity and line of sight radios and antennas to achieve end-to-end connectivity and dynamic networking operations that enhances network planning and monitoring.

The PoP and estimated lifecycle value for this action is as follows:

Base Year 1 Year Period of Performance $2,083,344 Option Year 1 1 Year Period of Performance $2,183,780 Option Year 2 1 Year Period of Performance $2,108,580 Lifecycle $6,375,704

4. IDENTIFICATION OF STATUTORY AUTHORITY:

Only one responsible source and no other supplies or services will satisfy agency requirements.

This acquisition is conducted under the statutory authority of 10 U.S.C.§2304(c)(1) and the regulatory authority of FAR 6.302-1/DFARS 206.302-1.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Description of events.

DataPath, Inc. software was chosen for incorporation into the WIN-T software baseline since 2010 and changing the software baseline to incorporate another product would be a non-trivial effort. The Army has invested over $12.8 million in Maxview software licenses and support. There are no similar products that can replicate the functionality provided in DataPath Maxview M&C. DataPath has no resellers and consequently Maxview M&C

Page 2 of 6 Pages software is sole source from DataPath. Datapath Inc. owns the data rights to the proprietary source code of this commercial software.

(b) Justification.

(1) Minimum Government requirements.

The verified minimum requirements for the base year are 343 Maxview M&C licenses and support, 800 Maxview renewals for Increment 1 Omega Satellite Transportable Terminals, and 40 Maxview renewals for Increment 1 Omega Unit Hub Satellite Trucks.

(2) Proposed sole source contractor.

The proposed contractor for this action is DataPath, Inc. DataPath, Inc. has no resellers. DataPath possesses a thorough understanding of system requirements and how to best assist the WIN-T programs of record in fulfilling them.

(3) Discussion regarding cause of the sole source situation.

There are currently no other products that have been identified that replicate the functionality currently provided by DataPath Maxview M&C software, as well as interoperability with STT embedded antenna controllers. The use of DataPath Maxview M&C software is essential to the government’s requirements.

(4) Demonstration of unique source.

DataPath Maxview M&C software was incorporated in the WIN-T software baselines in 2010 and using another manufacturer’s software product would require a significant level of effort to integrate the product into the WIN-T system, perform testing, insert the product into the software baseline, as well as update training manuals, training courses, technical manuals, detailed technical procedures and installation procedures.

A sources sought announcement was posted to Federal Business Opportunities (FBO), on March 16, 2015 to March 30, 2015 and no responses were received.

(5) Procurement discussion.

DataPath Maxview M&C licenses are needed to support WIN-T fielding requirements in fiscal year 2015. There are no authorized resellers.

(6) Impact.

If the source is not limited to DataPath Maxview M&C software, WIN-T fielding will be delayed and engineering change proposals will be required to develop and replace Maxview in the software baseline. This process would likely cost over $12.8 million in non-recurring engineering costs to integrate alternative products into the baseline and perform any custom development and configuration, perform testing, and write new training materials. This would delay fielding of WIN-T systems for a period of two to three years, as well as prevent the warfighter from leveraging the stationary and on the move networking capabilities provided by WIN-T. This does not include licensing costs related to retrofitting WIN-T satellite terminals with a replacement product.

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6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES:

A sources sought notice was posted on the FBO website on March 16, 2015 and no responses were received. A synopsis and justification for this requirement will be published on the FBO website as required by FAR 5.201.

7. DETERMINATION OF FAIR AND REASONABLE COST:

A determination will be made by the contracting officer that the order represents the best value to the government, as defined in FAR 2.101, and results in the lowest overall price to meet the government's needs. The contracting officer will also determine the pricing information valid for comparative purposes. Certified cost and price data is not required for this commercial item acquisition, in accordance with FAR 15.403-1(b)(3). The contracting officer will determine whether the price is fair and reasonable based on one or more of the following:

(a) Comparison of the proposed prices to historical and existing prices paid, whether by the government or other than the government, for the same or similar items.

(b) Comparison with competitive published price list, published market prices of the same commodities.

(c) Comparison of proposed prices with the independent government cost estimate.

8. MARKET RESEARCH:

(a) Market research was conducted December 2014 – March 2015. The Army PM WIN-T team surveyed the market through internet research, acquisition history, and through interviews with knowledgeable government individuals.

(b) PM WIN-T has conducted ongoing market research for products that provide M&C software. A sources sought notice was posted on FBO, from March 16, 2015 to March 30, 2015 and no responses were received.

(c) Market research revealed that DataPath is the only available source capable of fulfilling the technical requirements of the WIN-T system and architecture.

(d) Other products were not researched at this time since Maxview is already in the WIN-T Increment 1 software baseline and this is the only product that will interface with the embedded satellite antenna controller, which is also manufactured by Datapath.

Market research revealed no other companies capable of fulfilling the requirement and there are no existing government contract vehicles available for Maxview products. Market research indicates that the required M&C software is only available from DataPath. DataPath Inc. has no authorized resellers available to provide the Maxview M&C software products.

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9. ANY OTHER SUPPORTING FACTS:

N/A

10. LISTING OF INTERESTED SOURCES:

Datapath, Inc. is the only known interested source. Based on the sources sought announcement published on March 16, 2015, no other sources expressed an interest. A sole source synopsis and justification will be published prior to contract award.

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

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

WIN-T (Product Manager, Satellite Communications (SATCOM)) previously purchased 840 Maxview M&C licenses under contract number W15P7T-04-A-F415 at a total cost of $4,992,000.00. This contract was awarded on March 20, 2009. These licenses were purchased from Datapath (sole source) on behalf of the government by the systems integrator, General Dynamics (GD), SATCOM Technologies as a task order on an existing GD SATCOM indefinite delivery indefinite quantity contract. GD is not an authorized reseller of Maxview.

PM WIN-T will continue to perform market research to determine if Maxview software will be offered through a channel of resellers in the future, as well as determine if future new products will be compatible with embedded antenna controllers that meet or exceed the functionality of Maxview at a lesser cost.

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

Not applicable. This requirement does not meet the dollar threshold requiring a written AP

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