Redacted_J A.pdf

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, FAR Subpart 13.501, and FAR Part 15

Purchase Request Number: MIPR6EDITCQ774 Contract Number: To be determined (TBD) Task/Delivery Order Number: TBD Procurement Title: Machine Foreign Language Translation Systems (MFLTS) Software Components Contracting Office: Defense Information Systems Agency (DISA)/Defense Information Technology Contracting Organization (DITCO)-Scott /PL8321 Estimated Value: $18,500,000 Statutory Authority: 10 United States Code (U.S.C.) §2304(c)(1) and FAR 6.302-1

JUSTIFICATION FOR OTFAOC

Justification for OTFAOC Number: JA16-036

Upon the basis of the following justification, I, as Head of the Contracting Agency (HCA), hereby approve the use of OTFAOC of the proposed contractual action, pursuant to the statutory authority of U.S.C.§2304(c)(1). The regulatory authority that applies to the requirement is FAR Part 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

a. Requiring Agency:

Army, Communications-Electronics Command, Software Engineering Center (SEC) Centralized Acquisition & License Management Team of the Software License Acquisition Branch Building 6002 Combat Drive, Room 101 Aberdeen Proving Ground, Maryland 21005

b. Contracting Office:

DISA/DITCO-Scott/PL8321 2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225

2. NATURE/DESCRIPTION OF ACTION(S):

a. The nature of this action is to procure commercial off-the-shelf software subscriptions for Raytheon BBN’s Technologies Corporation (Raytheon BBN) brand name language component software that will integrate with the Army’s MFLTS and provide language translation capabilities to the warfighter. The software components consist of automatic speech recognition (ASR), optical character recognition (OCR), machine translation (MT), and text-to-speech (T2S), supporting the translation of two spoken languages (Pashto and Iraqi Arabic) and one written language (modern standard Arabic (MSA)) in two domains (checkpoint operations and base security). This requirement will be awarded as a firm-fixed-price contract to the sole source provider and original equipment manufacturer (OEM), Raytheon BBN.

JA16-036 - MFLTS BBN Language Components

b. The period of performance (PoP) will consist of a 1-year base period, estimated to begin on April 1, 2016, and includes four 1-year option periods, for a total contract life of five years. The total lifecycle value for this requirement is estimated at $18,500,000. The applicable North American Industry Classification System code is 541519, Other Computer-Related Services, with a sales size standard of $27.5 million. Fiscal year 2016 Army funds will be used to fund the base year of this effort and were provided under military interdepartmental purchase request

MIPR6EDITCQ774.

3. DESCRIPTION OF SUPPLIES/SERVICES:

a. The MFLTS is an Army software-only program consisting of open architecture software and language component software modules that are integrated, scalable, tailorable, interoperable, user-friendly, easily deployable, and available to the Army. The objective of this procurement is to procure Raytheon BBN language software that provides an automated foreign speech and text translation capability in order to augment and complement limited human linguistic resources across all Army echelons in all environments. The Department of Defense has designated the Army as the lead service for the MFLTS capability, and the Intelligence Center of Excellence is the proponent within the Army. The MFLTS program, an acquisition program initiated in fiscal year 2009, is a software-only program that develops, acquires, fields, and sustains a basic automated foreign speech and text translation capability on other Army systems like the Distributed Common Ground System-Army, Counterintelligence and Human Intelligence Automated Reporting and Collection System (CHARCS), and Nett Warrior.

MFLTS language development design allows for technical insertion of software language modules performing translation as required by the host platforms and can assist the commander and soldier in bringing the right language capability to the right place at the right time. MFLTS provides the capability to communicate with the indigenous population while on patrol, manning a checkpoint, or performing any other duty which requires interaction with the local populace.

This interaction may prove invaluable in obtaining battlefield information, which can swiftly be disseminated to the soldiers on the ground and, if necessary, up to higher echelons to provide better situational awareness. The MFLTS takes the guess work out of knowing if your interpreter has communicated the message that you intended and directly translates the responses a soldier receives from the Pashto and Iraqi Arabic speaking individuals. When a human linguist is unavailable, an increasingly viable solution for the commander is the use of MFLTS capability to enable intelligence operations like human intelligence (HUMINT), counterintelligence, and open source intelligence operations. During the screening detainee and tactical questioning operations, HUMINT soldiers can use the MFLTS software on the CHARCS platform to communicate with foreign language-speaking human sources to determine their level of knowledge, level of cooperation, and their placement or access to desired information. Additionally, HUMINT and other soldiers can evaluate foreign language documents and media for content that answers priority intelligence requirements or other information of intelligence interest.

b. The Army requires the MFLTS to provide software that performs two-way language translations in speech and text. While not a replacement for human linguists, the MFLTS capability can augment human linguist support and provide the Army another resource to fill this critical foreign language requirement. The Army will be procuring an unlimited subscription of the language modules (Iraqi Arabic and Pashto), which are made up of Raytheon BBN-owned language components, using ASR, OCR, MT, and T2S.

c. The PoP and estimated lifecycle value of this action is as follows:

Base Year: April 1, 2016 through May 31, 2017 $ 2,500,000 Option Year 1: April 1, 2017 through May 31, 2018 $ 4,000,000 Option Year 2: April 1, 2018 through May 31, 2019 $ 4,000,000 Option Year 3: April 1, 2019 through May 31, 2020 $ 4,000,000 Option Year 4: April 1, 2020 through May 31, 2021 $ 4,000,000 Lifecycle: $18,500,000

4. IDENTIFICATION OF STATUTORY AUTHORITY:

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/Defense FAR Supplement 206.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. The software is peculiar to a specific brand name. Only Raytheon BBN Technologies Corporation can satisfy the requirement.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

a. In 2011, Raytheon BBN was awarded through competitive competition, contract W15P7T- 11-C-A004, for the MFLTS Technology Development, Engineering, and Manufacturing Development Phase. The language development design allows for technical insertion of software modules performing translation as required by the Army. Under this contract, Raytheon BBN developed an open architecture software solution. The Army now requires the Raytheon BBN language components (ASR, OCR, MT, and T2S). These language components allow MFLTS to perform language translation. This combination of proprietary script software and in-depth knowledge of the environment is critical to the successful software components. Only Raytheon BBN has such knowledge and software components required to integrate with the already designed MFLTS.

b. The proposed sole source contractor is Raytheon BBN, the OEM for the MFLTS language translation requirements in Pashto, Iraqi Arabic, and MSA. The software components are proprietary, and Raytheon BBN is the only source from which to obtain subscriptions for the software components. There are no licensed resellers of the proprietary software components.

Based upon market research, there was no other commercially available product line that would fit within the Army-established network infrastructure under MFLTS. To retrofit an alternative software product would require re-competing the MFLTS solution, implementing, and testing the new product within the Army. Total impact costs are estimated to be well over the cost of the proposed contract of $18.5 million. These costs would include recoding software, re-licensing, redesign, database view redesign, installation, maintenance, and testing. The cost would also include re-integration of the replacement platform into the MFLTS and the Army environments.

The Government could not possibly recoup, through a full and open competition, the costs associated with integrating a new functional product line.

c. The need for the software is warfighter driven. If the software is not procured, it will greatly increase the language barriers for the soldiers who are in harm’s way.

6. FEDERAL BUSINESS OPPORTUNITIES (FBO) ANNOUNCEMENT/POTENTIAL

SOURCES:

A sources sought notice was published by DITCO-Scott to FBO on January 20, 2016, and no responses were received. A notice of the proposed contract action will be synopsized on the FBO website, as required by FAR 5.2, with the intention to award a sole source contract to Raytheon BBN. A copy of the redacted Justification for OTFAOC will be posted with the synopsis.

7. DETERMINATION OF FAIR AND REASONABLE COST:

A determination will be made by the contracting officer that the contract represents the best value to the Government, as defined in FAR 2.101, and results in the lowest overall cost alternative (considering price, special features, and administrative costs) to meet the Government's needs.

The contracting officer will determine that the resulting contract prices will be fair and reasonable, based on comparison with the prices outlined below. 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:

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 commercial price lists for the same or similar commodities.

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

8. MARKET RESEARCH:

a. Market research was conducted by the Army from October 2015 through January 2016.

Market research included gathering data from the internet, reviewing catalogs and other contractor literature, discussions with contractors, reviewing publications of external information from technology research firms, reviewing existing DISA-wide contract vehicles, issuing a sources sought announcement, and determining potential sources.

b. The first step in market research was to determine if another brand-name software component or license could meet Army’s need. The market research revealed there are currently no software products in the market with the capabilities that Raytheon BBN has already delivered for the MFLTS program. No responses were received during the 15-day publicly posted sources sought notice. Raytheon BBN has installed the capability, under the MFLTS program, to provide language modules (ASR, OCR, MT, and T2S) in languages Pashto, Iraqi Arabic, and MSA in the checkpoint operations and base security domains. It is determined there are no competitors in today’s market capable of meeting the requirement needs as currently tailored by the OEM without incurring substantial duplicate costs that could not possibly be recouped through a full and open competition among all vendors capable of providing a replacement MFLTS, and the language components or licenses themselves. The Government will continue to conduct market research to determine if there are changes in the marketplace or if it is economically feasible to procure a new system. It is not reasonable to deviate from the currently tested, integrated, and fielded proprietary software at this time. The use of another vendors’ language component software for the specific languages and domains identified would require the Government to re-engineer, redevelop, redesign, and retest to meet Army requirements and verify system integration and interoperability. Raytheon BBN is the only source that will satisfy the agency’s requirements for the brand name Raytheon BBN language component.

c. The second step in market research was to determine the method of procurement. The Raytheon BBN language components are commercially available to properly support the operating environment. Market research concluded the software components were not available on existing government contract vehicles, to include Enterprise Software Initiative, General Services Administration, and National Aeronautics and Space Administration Solutions for Enterprise Wide Procurement. Based on the results of market research, a solicitation will be published to FBO and issued directly to Raytheon BBN, a large business.

9. ANY OTHER SUPPORTING FACTS:

None

10. LISTING OF INTERESTED SOURCES:

Raytheon BBN.

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

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

a. Procurement History:

Contract Number: W15P7T-11-C-A004 Contractor: Raytheon BBN Technologies Corporation Contract Period: September 27, 2011 through September 26, 2015 Total Estimate Value: $10,331,720 Contract Type: Cost plus fixed fee Objective: Develop and support the MFLTS capability.

b. The initial contract was awarded competitively to Raytheon BBN to develop the MFLTS capability consisting of a government-owned architecture and delivery of priority languages, which are supported and operated through BBN-owned language components. The Army competed the requirement on a full and open basis, utilizing a best value tradeoff approach. The contract included ten copies of each individual language component to be utilized for software verification and integration testing on host platforms during the PoP of the contract. There are approximately 27 other languages the Army may procure over the next decade. The Government will seek full and open competition for all future language components.

c. If the identified OEM elects to surrender their legal ownership, copyright, and/or intellectual property software rights and move toward a complete open-source solution, then the Army will seek open competition. Regardless, the Government will continue to search the marketplace to determine if alternative solutions exist. If the Government should determine these brand name products are no longer required or other software meets the government’s needs, the Government will seek full and open competition for the required functionality. If similar requirements arise, every effort will be made to compete to the maximum extent practicable.

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

In accordance with Defense Acquisition Regulation Supplement 7.103(S-91)(h), this requirement does not meet the dollar threshold requiring a written AP.

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: Stephen Torney SIGNATURE: See attached pdf signature page

TITLE/ORGANIZATION: MFLTS Acquisition Manager, Army

PHONE: (703) 704-0306 DATE: February 5, 2016

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: Jeffery Blount SIGNATURE: See attached pdf signature page

TITLE/ORGANIZATION: Deputy Associate Director, Army SEC

PHONE: (443) 861-8218 DATE: February 5, 2016

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

NAME: Carrie M. Ross SIGNATURE: See attached pdf signature page

TITLE/ORGANIZATION: Contracting Officer, DISA/DITCO/PL8321

PHONE: (618) 229-9569 DATE: February 9, 2016

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: Douglas W. Packard SIGNATURE: See attached pdf signature page

TITLE/ORGANIZATION: HCA, DISA/Procurement Services Directorate

PHONE: (301) 225-4120 DATE:

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO:

Cody Seelhoefer, 618-229-9348, cody.r.seelhoefer.civ@mail.mil