JA_redacted_1283103_L3.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 and FAR Part 15

Purchase Request Number: 11283103 Contract Number: To be determined (TBD) Task/Delivery Order Number: TBD Procurement Title: Network Centric Waveform (NCW) Network Management System (NMS)

Enterprise Software and Support Estimated Value: XXXXXXX Statutory Authority: FAR 6.302-1

J&A FOR OTFAOC

J&A Number: JA19-056

Upon the basis of the following justification, I, as Procuring Activity Competition Advocate (PACA), hereby approve the use of OTFAOC of the proposed contractual action, pursuant to the authority of 10 United States Code (U.S.C) §2304(c)(1) and FAR 6.302-1(a)(2), only one responsible source and no other supplies or services will satisfy agency requirements.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

a. Requiring Agency:

United States (US) Army Program Manager (PM) Tactical Network 6010 Frankford Street Aberdeen Proving Ground, Maryland 21005-1848

b. Contracting Office:

Defense Information Systems Agency (DISA), Defense Information Technology Contracting Organization (DITCO), PL8321 2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225-5406

2. NATURE/DESCRIPTION OF ACTION(S):

a. This is an acquisition that specifies a particular brand name product, peculiar to one manufacturer, which is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company. The Government’s need is to procure enterprise software and software support that is needed for the continued operation of the US Army’s Warfighter Information Network – Tactical Increment (WIN-T) Program. The WIN-T Program and systems use ruggedized multi-purpose modems (RMPMs), including L3 RMPM-1000 and MPM-2000 NCW modems. The 2,000-plus hardware modem infrastructure was procured as other direct costs under the US Army order W15P7T10DC007. Brand name, commercial off-the-shelf, proprietary NCW NMS enterprise software license with 3-year software license support is required to operate and manage the critical L3 modem infrastructure

NCW NMS Enterprise Software and Support- JA19-056

Page 2 of 7 Pages of the WIN-T system. The software license and 3-year license support are proprietary to the original equipment manufacturer (OEM), L3 Technologies, Inc., doing business as (DBA) Communication Systems-West/Linkabit. This effort will be publicized as a sole source, firm fixed price procurement to the OEM on the Federal Business Opportunities (FBO) website.

b. The period of performance (POP) will be three years, estimated to be from February 26, 2019 through February 25, 2022. The total estimated life-cycle value of this acquisition is XXXXXXX. Fiscal year 2019 Army 3-year procurement funds have been provided under Military Interdepartmental Purchase Request 11283103. The applicable North American Industry Classification System code is 511210, Software Publishers with sale size standard of $38.5 million.

3. DESCRIPTION OF SUPPLIES/SERVICES:

a. The WIN-T, under PM Tactical Network, is the Army’s current and future tactical communications network. The objective of this contracting effort is to purchase an enterprise software license that includes 3-year software license support for the operation and management of the super high frequency (SHF) RMPMs infrastructure, including fixed station and on-the-move (OTM) terminals and the RMPM key components of the WIN-T Program. The NCW modems are the baseline wideband capability for the US Army Brigade Combat Team (BCT).

NCW modems are also essential components of the US Marine Corps (USMC) Networking OTM (NOTM) Program. The enterprise software license with 3-year support is required to maintain the WIN-T Program and essential infrastructure critical to the US Army BCT and

USMC NOTM.

b. The required enterprise software license with support must be able to provide the following capabilities:

(1) Monitor key modem and network performance metrics

(2) Configure modem and satellite resources

(3) Track modem and network changes in a database

(4) View NCW slot plan

(5) Report network and modem status in Portable Document Format (PDF)

(6) Customize graphical user interface layout and information displays

(7) The software subscription must allow users the ability to set account preferences, such as search preferences.

(8) Provide detailed information on bandwidth utilization, path loss information, and burst errors

(9) Track key NCW network performance, individual terminal performance, and performance in bandwidth segments through dynamic plots

(10) Provide burst error detail visualization across a specified frequency range

(11) Display protocol status messages and alarms of all modems

(12) Generate PDF reports on the network performance, modem configuration, and satellite configuration

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(13) Store information on the modem hardware status, including configuration changes to the modem and satellite, and key network performance metrics, in an enterprise database management system

(14) Integrate NCW resource allocation viewer and allow for continuous storage/view of the NCW slot plan

(15) Provide customizable role-based access, to include administration, operator, and a read-only “observer”

(16) Configure and monitor modem configurations and satellite, beam, and bandwidth segment configurations

(17) Provide NCW-resilient (NCW-R) jam resistant waveform operations and communications

(18) Engage the customer in the Disposition of Department of Defense (DoD) Security Technical Implementation Guide (STIG) configuration scan findings

c. The SHF enterprise software license with support required to provide the needed capabilities for the Army WIN-T Program are outlined below.

Product Description L3 Technologies NCW NMS enterprise software license supporting 10.5.x and older NCW modem software. The NCW /NMS enterprise software license includes not separately priced 3-year enterprise license support as follows: 3-year annual security scan information assurance vulnerability alert (IAVA) support / up to one formal NMS software release per year, addressing category one and category two security scan findings. The IAVA support allows for only one Windows operating system (chosen from Windows 7, Windows 10, and Windows Server 2012) mutually agreed for the duration of the 3-year POP. The IAVA support allows for up to one formal NMS software release per year for the 3-year POP. The IAVA support also provides for the engagement and disposition yearly during the 3-year POP of STIG configuration scan findings. Delivery of technical documents, plan of action and milestones (POA&M) and other POA&M technical guidance, investigations, and on-site face-to-face meetings are not included. No intellectual property will be generated or provided for the commercial, proprietary software and support product.

4. IDENTIFICATION OF STATUTORY AUTHORITY: Only one responsible source and no other supplies or services will satisfy agency requirements, U.S.C. §2304(c)(1) and FAR 6.302- 1(a)(2).

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

a. Description of events. The WIN-T is a critical tactical communication network. The system allows for exchange capabilities between units at the “quick halt” (stationary, without deploying fixed communications infrastructure). Real time, encrypted, warfighter communications at the battalion level are available through the WIN-T network. Interoperable communication tools provide the initial OTM capability. The mobile infrastructure, down to the company level and maneuver brigades, provides dynamic networking operations with end-to-end

Page 4 of 7 Pages connectivity that enhances network planning and monitoring. These capabilities are provided by employing military and commercial satellite connectivity and line-of-sight radios and antennas at various locations. The OEM’s NCW NMS enterprise software license with support is required for the Army’s satellite communication operators to monitor L3 modem network performance metrics, configure modem and satellite resources, track modem and network changes in a database, and report network and modem status. The software and support is required for the operation of the WIN-T program as well as for critical tactical warfighter communications.

b. Justification.

(1) Minimum Government requirements. The minimum requirements are identified in paragraph 3.

(2) Proposed sole source contractor. L3 Technologies, Inc., DBA Communication Systems-West/Linkabit is the sole manufacturer for the L3 Technologies NCW NMS Enterprise Software License with 3-year software support. The software is the only product that can meet the minimum needs of the Government, as listed in paragraph 3.

The proprietary product is only available through the OEM. They do not authorize distributors or resellers to market or sell their products. Additionally, they do not authorize any third party software modification or patches to their software. The OEM owns the copyrighted source software with all legal rights, privileges, and ownership contained therein. No other source may legally modify or change the software, nor would they have access to the source code to do so.

(3) Discussion regarding cause of the sole source situation. Only the brand name L3

NCW NMS enterprise software license will meet the needs of the Army, allowing for continued operation of the WIN-T program. The Army selected the L3 MPM-1000 and MPM-2000 modems for the PM Tactical Network. Currently no other modems support the NCW-R jam resistant waveform. Only the L3 NCW NMS enterprise software license supports the L3 modems that are critical to the WIN-T infrastructure and communications that protect the warfighter and their positions.

(4) Impact. If the L3 NCW NMS enterprise software license with 3-year support is not procured, then configuration, management, and monitoring of the L3 MPM-1000 and MPM-2000 modems will be jeopardized. This would jeopardize the WIN-T program and tactical warfighter communications. There would be unacceptable risk to facilities and forces and the security of the nation.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES: In accordance with FAR 5.2, a sources sought announcement was posted January 17, 2019 on the FBO website, with a closing date of January 22, 2019. No responses were received. The lack of response to the sources sought announcement supports the Government’s determination that no other products meet the current needs of the US Army at this time. A combined synopsis/solicitation for this requirement will be published on the FBO website, as required by FAR 5.2. A redacted copy of this J&A will also be posted to FBO.

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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 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 comparison of the proposed prices to the commercial price list and the independent Government cost estimate.

8. MARKET RESEARCH:

a. Market research was conducted from November 2018 through early February 2019.

Market research included reviewing the current contract for Army WIN-T to include the L3 hardware modems, internet searches, reviewing catalogs and other contractor literature, contacting the manufacturer, conducting internal discussions, reviewing existing DISA-wide contract vehicles and other Government-wide acquisition contracts, and issuance of a sources sought announcement for which no responses were received.

b. The first step in conducting market research in support of this requirement was to determine if other brands of products could meet the Government’s need. The capability of the L3 NCW NMS enterprise software license for the US Army’s WIN-T program was based on product availability to fulfill the mission-critical requirements to support the communication network infrastructure. Market research revealed that no other product currently on the market, other than the L3 NCW NMS enterprise software license with 3-year support, met all of the Government’s requirements, as listed in paragraph 3.

c. The second step in conducting market research was to determine a method of procurement.

Market research revealed that the OEM could provide the required brand name L3 NCW NMS enterprise software license through open market procedures only. Market research concluded the L3 NCW NMS enterprise software license is not available through existing Government contract vehicles, to include DoD Enterprise Software Initiative Blanket Purchase Agreement, General Services Administration Federal Supply Schedule, or the National Aeronautics and Space Administration Solutions for Enterprise-Wide Procurement V Government-wide acquisition contract. The required software license with support is only available through the open market, from the only known source, the OEM. Therefore, this requirement will be published on FBO as a sole source procurement.

9. ANY OTHER SUPPORTING FACTS: None.

10. LISTING OF INTERESTED SOURCES: In accordance with FAR 5.2, a sources sought announcement was posted January 17, 2019 on the FBO website, with a closing date of January 22, 2019. There were no responses to the sources sought announcement. The large business, L3 Technologies, Inc., DBA Communication Systems-West/Linkabit is the only vendor that can provide the proprietary products to meet US Army needs. A combined synopsis/solicitation will be published as required by FAR 5.2 and outlined in paragraph 6.

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

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

a. Procurement History. This is a new requirement for L3 NCW NMS enterprise software license and support, which is needed for the continued monitoring and management of the Army WIN-T infrastructure.

b. L3 Technologies, Inc., DBA Communication Systems-West/Linkabit is the only provider of the required L3 NCW NMS enterprise software license for the WIN-T program. If the OEM elects to surrender their legal ownership, copyright, and/or intellectual property software rights and move toward a complete open source selection, then the Government will seek open competition. The Government will also continue to search the marketplace to determine if alternative solutions exist. Infrastructure reviews will be conducted annually over the life of the WIN-T program, which is currently not expected to be replaced for about ten years. The Government will annually, or more frequently, annualize the software structure and research solutions to open competition. Every effort will be made to compete the requirement needs to the maximum extent practicable.

12. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): An AP is not required in accordance with DISA Acquisition Regulation Supplement 7.103(S-90)(2).

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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: Joseph Bennett SIGNATURE: See separate PDF document

TITLE/ORGANIZATION: IT Specialist/US Army PEO C3T CIO

PHONE: 443-395-8411 DATE: February 12, 2019

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: Michael Acriche SIGNATURE: See separate PDF document

TITLE/ORGANIZATION: Deputy Product Manager Mission Network/US Army

PHONE: 443-395-8488 DATE: February 12, 2019

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

NAME: Betty A. Burris SIGNATURE: See separate PDF document

TITLE/ORGANIZATION: Contracting Officer/DISA DITCO PL8321

PHONE: 618-418-6291 DATE: February 12, 2019

PROCURING ACTIVITY COMPETITION ADVOCATE 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 does not exceed $13.5M, this review serves as approval and my written determination that the aforementioned FAR circumstances apply.

NAME: Gay Arnold SIGNATURE: See separate PDF document

TITLE/ORGANIZATION: PACA/DISA

PHONE: 618-418-6517 DATE: February 19, 2019

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Lauren O’Neill, 618-418-6403 and lauren.j.oneill.civ@mail.mil.

mailto:lauren.j.oneill.civ@mail.mil