Redacted_JA_-_HC1028-16-T-0115.pdf

AMHS software support renewal and technical services

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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 13.5, and FAR Part 15

Purchase Request Number: MIPR10838997 Contract Number: To be determined Task/Delivery Order Number: Not applicable (N/A) Procurement Title: Automated Message Handling System (AHMS) software support renewal and technical services Estimated Value: XXXXXXXX Statutory Authority: FAR 13.501, and FAR 6.302-1, Section 4202 of the Clinger Cohen Act of

JUSTIFICATION FOR OTFAOC

Justification for OTFAOC Number: N/A

Upon the basis of the following justification, I, as the Contracting Officer, hereby approve the use of OTFAOC of the proposed contractual action pursuant to the authority of Section 4202 of the Clinger Cohen Act of 1996. The regulatory authorities that apply to the requirement are FAR 13.501, Simplified Procedures for Certain Commercial Items, and FAR 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:

Joint Service Provider Operations (JSP) 6607 Army Pentagon Washington, District of Columbia 20310

(b) Contracting Office:

Defense Information Systems Agency (DISA)/Defense Information Technology Contracting Organization (DITCO)/PL8321 2300 East Drive Scott Air Force Base, Illinois 62225

2. NATURE/DESCRIPTION OF ACTION(S):

(a) The nature of this action is to procure brand name, commercial off-the-shelf Telos

Corporation, consolidated regional node software support renewal and technical services to provide high availability Command and Control organizational messaging services to the DoD. The Telos corporation software support renewal is required to provide organizational messaging users with a common platform for message draft/release workflow, information sharing or control, search, message content profiling, and external email system delivery. This requirement will also support JSP’s mission in providing

Page 2 of 7 Pages software support, software changes and upgrades. The procurement will be awarded as a firm-fixed-priced (FFP) contract via open market.

(b) The period of performance is from date of award through November 8, 2016. This period of performance will allow the JSP and the DISA to combine their requirements and award a consolidated contract in November 2016. The total estimated life-cycle value is $XXXXXXXX. Fiscal Year 2016 Operation and Maintenance funds have been provided via Military Interdepartmental Purchase Request Number MIPR10838997.

The applicable North American Industry Classification code is 511210 software publishers, with a size standard of $38.5 million

3. DESCRIPTION OF SUPPLIES/SERVICES:

(a) The JSP requires software support renewal for the Automated Message Handling System

(AMHS), located in the Computing and Applications Services (CAS) Branch at the Pentagon. The software has a current user base of 3,478 organizations and 7,818 users, all of which will require Telos consolidated regional node software support renewal. The AMHS platform is a major Organizational Messaging System (OMS) processing component and customized messaging platform. It is integrated with a larger complex Command and Control Unclassified and Classified Defense Messaging Network and provides 24x7x365 inbound and outbound critical messaging from all federal agencies linked to the Pentagon.

(b) The required software support and technical services are needed to customize certain features, protocols, and behaviors of these applications to successfully integrate with legacy National Gateway and CAS Branch OMS customer demands. The legacy National Gateway enables the Department of Defense (DoD) to communicate with other government agencies, allies, coalition partners and approved non-DoD U.S. agencies via organizational messaging, which includes command, control, communications, computers, and intelligence exchange. The OMS is the DoD system of record for all organizational message traffic per guidance defined in Chairman of the Joint Chiefs of Staff Instruction 5721.01. OMS provides secure electronic mail and directory services.

In addition, the required software support will provide software changes, upgrades, updates, patches and fixes to the Telos software.

(c) The following table summarizes the software licenses and technical services required:

Description Part Number Quantity (Each)

Consolidated Regional Node Software Support (AMHS) AMHS-MT-CRNM-S-01 3

Technical Services 1

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4. IDENTIFICATION OF STATUTORY AUTHORITY:

Only one responsible source and no other supplies or services will satisfy agency requirements and FAR 6.302-1/DFARS 206.302-1 and Section 4202 of the Clinger-Cohen Act of 1996.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Description of events. The required software support renewal is critical to ensuring continued software support of the AMHS and technical support services are received. As a command and control messaging system, the AMHS falls under the configuration control and operational oversight of DISA as an approved and certified product. The AMHS is required by DISA to meet the stringent multi-security, multi-communications, and various command authorities compliance standards for complete interoperability. The AMHS been Government tested, approved, and accredited for use within the OMS by DISA and certified by the Joint Interoperability Test Command for interoperability, full compliance with existing Multi Command Requirements Operational Capability, and required security specifications prescribed in the Allied Communications Publication 120 & 123. This certification process is critical to the CAS’s OMS mission, as it identifies and targets software and hardware compatibility issues likely to cause system failures, and affords the ability to eliminate those issues and concerns of unacceptable mission failures or delays. In 2010, DISA has certified and approved only one OMS user interface product, Telos’ AMHS. Since September 2010, $XXXXXXXXX has been invested by JSP in the Telos AMHS software support.

(b) Justification.

(1) Minimum Government requirements. The minimum government requirements are for Telos software support and technical services as identified in Section 3, above.

(2) Proposed sole source contractor. Telos Corporation, the Original Equipment Manufacturer, is the only vendor that retains the intellectual property rights for the AMHS applications source code, internal architectural software design documents, and the inherent manufacturer knowledge of the interface design specifications for the product suite. As such, they are the only source who can provide the required software support and technical services.

(3) Discussion regarding cause of the sole source situation. JSP has invested $XXXXXX since 2010 in the Telos AMHS software and support. The AMHS messaging platform is licensed solely to Telos Corporation. Telos has the AMHS certified system architects/engineers to provide the continued technical support services, to modify the software for user specifications and to provide the necessary training once those software changes are implemented in the field. The requirement to customize certain features, protocols, and behaviors of these applications to successfully integrate with legacy National Gateway and CAS Branch OMS customer demands, requires the manufacturer’s intimate and unique knowledge that prohibits another vendor from performing or sustaining the requirement.

(4) Demonstration of unique source: The required software support and technical services are proprietary and only available from Telos. Telos owns the copyrighted source code with all legal rights, privileges, and ownership contained therein. No other

Page 4 of 7 Pages source may legally modify or change the software, nor would they have access to the source code to do so. Telos is the sole licensor of the required software support.

(5) Procurement discussion. Initially Northrop Grumman’s Decision Agent (DA) served as a client interface to the OMS. In 2010 DISA was assigned the task to analyze the current OMS core product support systems and reduce the requirement to one product.

After DISA completed its review, the decision was made to reduce the products leaving only the AMHS as the only OMS supported core product for use. Once this recommendation was approved, CASD was instructed to decommission their DA systems effective October 1, 2009 and transition their customers to the AMHS. The CAS moved completely off of Northrop Grumman’s DA in 2010. DISA then removed the DA from the approved core products list in 2012; leaving the AMHS as the only approved OMS Client for use as a OMS with DISA approval.

(6) Impact. If the required Telos AMHS software support and technical services were not purchased JSP wouldnot have OEM authorization or the technical expertise to maintain the AMHS software application. Also, loss of the AMHS software and its capabilities would immediately impact delivery of the Command, Control, and Communications (C3) OMS service to 8,995 end users in the DoD. This would result is a severe loss of the DoD’s ability to accomplish all missions that are reliant on C3 communications and would disrupt its ability to exchange classified information with North Atlantic Treaty Organization and Allied countries worldwide.

6. FEDBIZOPPS (FBO) ANNOUNCEMENT/POTENTIAL SOURCES: A combined synopsis/solicitation will be published to FBO in accordance with FAR 5.201.

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 price to meet the government’s needs. The contracting officer will also 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 items.

(b) Comparison with the commercial price list for the same products.

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

8. MARKET RESEARCH:

(a) Market research was conducted from March 2016 through April 2016 by reviewing contract history and reviewing catalogs/other general product literature. Market research revealed that Telos’ AMHS messaging platform is the only DISA certified and approved OMS user interface product available. The market research revealed that Telos Corporation was the only source that will satisfy the agency’s requirements for software support renewal of AMHS messaging platform. The past two contracts FA8771-09-A- 0301-BA90 (April 14, 2013 through April 13, 2016) and FA8771-09-A-0301-KH01

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(September 14, 2010 through September 13, 2013) were awarded sole source to Telos Corporation. Further, market research revealed that the OEM does not have any authorized resellers for the required software support renewal. There are not subcontracting opportunities for this action, since Telos corporation does not allow third parties to access the software for software support renewals. Small business, HUB-zone small business, small disadvantaged business, women-owned small business and 8A concerns are not candidates for the proposed contract, since they are not the producers of the software code.

(b) Based on current market research conducted from March 2016 through April 2016, it has been determined that only the Telos Corporation software support and technical services meets the government’s requirements. This requirement is for proprietary products and/or product support and no competitor functional replacement product exists in the market at this time to meet the governments need. The government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions; i.e., other DISA certified and approved OMS user interfaces, the OEM releases ownership rights of product or it’s economically feasible to procure a new system.

9. ANY OTHER SUPPORTING FACTS: None

10. LISTING OF INTERESTED SOURCES: No other sources are capable of this requirement.

Telos Corporation is the only source able to provide the software support renewal required.

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: FA8771-09-A-0301-BA90 Contractor: Telos Corporation Contract Period: April 14, 2013 through April 13, 2016 Total Estimated Contract Value: $XXXXXXXX Contract Type: FFP Objective of Contract: Software and license support Competitive Status: Sole source

Contract Number: FA8771-09-A-0301-KH01 Contractor: Telos Corporation Contract Period: September 14, 2010 through September 13, 2013 Total Estimated Contract Value: $XXXXXXX Contract Type: FFP Objective of Contract: Software and license support Competitive Status: Sole source

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(b) If Telos Corporations elects to surrender their legal ownership, copyright, and/or intellectual property software rights and move toward a complete open-source solution, then JSP will seek open competition. Regardless, the government will continue to search the marketplace to determine if alternative solutions exist. If the government should determine that Telos software support and technical services are no longer required, the government will seek open competition for the required functionality.

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

In accordance with the exceptions under DISA Acquisition Regulation Supplement 7.103 (S- 91)(h), an AP is not required.

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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.

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CONTRACTING OFFICER CERTIFICATION APPROVAL: I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort exceeds $150K but does not exceed $700K, this certification serves as APPROVAL.

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ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Michael Morris (Contract Specialist) at 618-229-9231 or Kimberly M. Hampel (Contracting Officer) at 618-229-9392

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.

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