JA_23-016_Theater_Operations_Support_Redacted_Original.pdf

Control No: 23-016 Contractor: Apptricity Corporation

Service: Theater Operations Support Est. Dollar Value:

JUSTIFICATION REVIEW DOCUMENT

FOR JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply/Service: Post Production Support Services (PPSS) for the Theater Operations Support (TOPS) software modules.

Authority: 10 U.S.C. 3204(a)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Prepared by: John D. Kerch DSN: 793-5830 Contract Specialist Email: john.d.kerch.civ@army.mil

Contracting Officer: Benjamin L. Geringer DSN: 793-1784 Contracting Officer Email: benjamin.l.geringer.civ@army.mil

Technical:

Requirements:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Legal Advisor:

Service: Theater Operations Support Est. Dollar Value:

Department of Army Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command – Rock Island (ACC-RI) Rock Island Arsenal, Rock Island, IL 61299-8000.

2. Description of Action: Product Lead Logistics Information Systems (PL LIS), requests a Firm-Fixed Price contract with Apptricity Corporation (Apptricity). ACC-RI projects award for , Operations and Maintenance funds. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i)(B).

The Government did not compete the requirement prior to this action, under the authority of Federal Acquisition Regulation (FAR) 6.302-1, as supported by Justification and Approval (J&A) 22-076. That J&A was for a with Apptricity, until the sole source follow-on could be put in place. J&A 22-076’s paragraph 7, Actions to Increase Competition, stated:

“The TOPS follow-on contract will be a sole source award to the incumbent, Apptricity. TC-AIMS II [Transportation Coordinators’ – Automated Information for Movement System II] is a legacy system used by the DoD [Department of Defense] since 1995 to automate troop, supply and equipment movements. Apptricity is the only authorized supplier of technical support services for TOPS. Apptricity’s proprietary TOPS source code is a non-severable component of TC-AIMS II, which is DoD’s current transportation tracking system. PL LIS' discussions with PEO EIS [U.S.

Army Program Executive Office Enterprise Information Systems] leadership has confirmed that the Government does not intend to take any action to increase competition for TOPS software licenses until some point in the future, when DoD and the Army change the system for managing and coordinating the transportation services that occur during joint reception, staging, onward movement, and integration operations. Such a change is not anticipated for at least five years.”

As indicated in J&A 22-076, the Army took no action to increase competition because Apptricity’s proprietary TOPS source code is a non-severable component of TC- AIMS II. J&A 22-076 indicated the follow-on contract to Apptricity would be awarded on 02 April 2023. The requirement is on track to be awarded by this date.

3. Description of Supplies/Services: This contract supports maintenance and PPSS services required for the TOPS software modules of TC-AIMS II, such break-fix support, applications test, documentation, and operating configuration management of the

Service: Theater Operations Support Est. Dollar Value:

Award Date: 02 September 2022 Competitive Status: Sole Source, J&A 22-076 Authority: FAR 6.302-1 - Only one responsible source

Contract: W52P1J-17-C-0035-P00013 Contractor: Apptricity Corporation Award Date: 28 March 2022 Competitive Status: Sole Source, J&A 22-017 Authority: FAR 6.302-1 - Only one responsible source

Contract: W52P1J-17-C-0035-P00004 Contractor: Apptricity Corporation Award Date: 28 March 2019 Competitive Status: Sole Source, J&A 19-039 Authority: FAR 6.302-1 - Only one responsible source

Contract: W52P1J-17-C-0035 Contractor: Apptricity Corporation Award Date: 03 April 2017 Competitive Status: Sole Source, J&A 17-029 Authority: FAR 6.302-1 - Only one responsible source

Contract: W52P1J-13-C-0065 Contractor: Apptricity Corporation Award Date: 28 September 2013 Competitive Status: Sole Source, J&A 13-088 Authority: FAR 6.302-1 - Only one responsible source

Contract: W912HZ-10-D-0003 Contractor: Apptricity Corporation Award Date: 04 May 2010 Competitive Status: Sole Source (J&A No. not available) Authority: FAR 6.302-1 - Only one responsible source

Contract: W912HZ-07-C-0036 Contractor: Apptricity Corporation Award Date: 24 April 2007 Competitive Status: Sole Source (J&A No. not available) Authority: FAR 6.302-1 - Only one responsible source

Service: Theater Operations Support Est. Dollar Value:

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on applicable price analysis techniques in accordance with FAR 15.404-1(b). Certified cost or pricing data will not be required IAW FAR 15.403-1(b)(3) as the products and related incidental services being acquired are commercial items and services.

Date: _________________ ___________________________ Benjamin L. Geringer Contracting Officer

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date: _________________ ___________________________ Benjamin L. Geringer Contracting Officer

13JAN23

13JAN23

GERINGER.BENJAM

IN.L.1387649154

Digitally signed by

GERINGER.BENJAMIN.L.1387649154

Date: 2023.01.13 13:01:46 -06'00'

GERINGER.BENJAMI

N.L.1387649154

Digitally signed by

GERINGER.BENJAMIN.L.1387649154

Date: 2023.01.13 13:02:10 -06'00'