JA ACC ORL 24-009 Approved_Redacted.pdf

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Control Number: ACC ORL JA 24-009

Controlled by: Army Controlled by: ACC � Orlando CUI Category: Source Selection Distribution/Limited Dissemination Control:

FED ONLY

POC:

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Justification Review Document for Other than Full and Open Competition � Federal Acquisition Regulation (FAR) Part 6

Program/Equipment: The Program Executive Office Simulation, Training and Instrumentation (PEO STRI), International Program Office (IPO), has a requirement to procure Multi Code (MC) Instrumented Harness Kits (IHK), Instrumented Urban Combat Advanced Training Technology (UCATT) Tactical Vehicle System (TVS) for Strykers, Transportable Exercise Control (EXCON) inclusive of CATS Metrix Instrumentation System, Transportable Relay Radios (TRRs), Associated Support Equipment, and respective New Equipment Training (NET) and Refresher Training, on behalf of the

Authority: 10 United States Code (U.S.C.) 3204(a)(1) as implemented by FAR Part 6.302-1(a)(2), Only one responsible source and no other supplies or services will satisfy agency requirements.

Amount: $15,315,787.00

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Reviews

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

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Justification and Approval for Other than Full and Open Competition � FAR Part 6

1. Contracting Activity: U.S Army Contracting Command � Orlando (ACC-ORL), 12211 Science Drive, Orlando, FL 32826-3224.

2. Description of Action: The PEO STRI IPO in support of the , requests a Sole Source, Firm Fixed Price (FFP) three-year contract with Cubic Defense Applications, Inc (CDAI), 9233 Balboa Avenue, San Diego, CA 92123. The Government projects award for September 2024 and fiscal years 2023/2024 and 2024/2025 Building Partnership Capacity (BPC) Section 333, Overseas Contingency Operation (OCO) funds will be used.

3. Description of Supplies/Services: This procurement is for Multi-Code (MC) Instrumented Harness Kits (IHK), Instrumented Urban Combat Advanced Training Technology (UCATT) Tactical Vehicle System (TVS) for Strykers, Transportable Exercise Control (EXCON) inclusive of CATS Metrix Instrumentation System, Transportable Relay Radios (TRRs), Associated Support Equipment, and new equipment training (NET)/Refresher NET for the .

The MC IHK, Instrumented UCATT TVS for Stryker�s, Transportable EXCON inclusive of CATS Metrix Instrumentation System, TRRs, and Associated Support Equipment will allow for Force on Force (FoF) and Force on Target (FoT) training to be executed in a more realistic tactical engagement simulation environment. The system accurately simulates firing capabilities, real-time effect of weapons during training. Radio Frequency (RF) coverage for Multiple Integrated Laser Engagement System (MILES)/UCATT Player Instrumentation monitoring will be supported throughout the training area via Transportable Relay Radios (TRRs). The system will allow for near real-time tracking/monitoring of instrumented MILES/UCATT entities. The system allows for After Action Review (AAR) capability.

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MC universal controller guns 3 each PUR Battery Charging Stations 3 each MC SAT Alignment Devices 9 each Key Fobs 9 each Spare/Repair parts 1 Lot Consumable Batteries 1 Lot Inspection, Inventory, Integration, On Site Acceptance Testing (OSAT), and Refresher Training

1 each

Description Quantity Anticipated Appropriations

Estimate Delivery Date

Base System Requirements LOT $10,405,000.00 September

Option for Increased Quantity LOT $4,910,787.00 September

Total $15,315,787.00

Period of Performance: 36 months after initial contract award inclusive of both the base system requirements and option for increased quantity.

The supplier must provide systems that meet at least the minimum requirements per the Letters of Offer and Acceptance (LOA). The required supply for this effort is stated in the following LOAs:

LOA DT-B-WCJ, , 10 U.S.C. Section 333, BPC, dated 20 October 2023 (Base System Requirements). Period of Performance: The delivery date for this effort is 24 months after contract award.

LOA (TBD), , 10 U.S.C. Section 333, BPC, dated (TBD) (Optional Additional System Requirements). Period of Performance: The completion date for this effort is 24 months after award of the Option. The Option Additional System Requirement is in the Draft Pricing and Availability (P&A) stage undergoing Congressional Notification. This requirement is expected to be tasked for LOA in June 2024 with an expected implementation of July 2024. The delivery date if exercised will be September 2027.

4. Authority Cited: 10 U.S.C. 3204(a)(1) as implemented by FAR 6.302-1(a)(2), from

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only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: At the conclusion of the market research, it was determined that only one responsible source and no other supplies or services will satisfy agency requirements for the MC IHK, Instrumented UCATT TVS for Stryker�s, Transportable EXCON inclusive of CATS Metrix Instrumentation System, TRRs, Associated Support Equipment, and NET/Refresher Training. As described in FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for Department of Defense (DoD), National Aeronautics and Space Administration (NASA) and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

The proposed Contractor for this effort is CDAI. CDAI is the Original Equipment Manufacturer (OEM) and sole producer of the MC IHK, Instrumented UCATT TVS for Stryker�s, and CATS Metrix Instrumentation System. Specifically, the CATS Metrix Instrumentation System is a trademarked product of CDAI and has not been licensed to any other firm. Award to any other contractor other than CDAI is not possible as they are the only company with the unique capability of providing the MC IHK, Instrumented UCATT TVS for Stryker�s, and CATS Metrix Instrumentation System that are the basis of this requirement.

The LOA requirements do not permit the design and production of a new system, thus requiring an existing vendor be chosen. Specifically, the CATS Metrix Instrumentation System is a trademarked/patented asset owned by CDAI.

In the event this justification is not approved, the benefitting country will not receive the MC IHK, Instrumented UCATT TVS for Stryker�s, Transportable EXCON inclusive of CATS Metrix Instrumentation System, TRRs, Associated Support Equipment, and NET/Refresher Training provided by the U.S. Government and PEO STRI will have to return the funds. The benefitting country will not be capable of conducting force on force training to be able to reinforce proper tactics, techniques, and procedures.

6. Efforts to Obtain Competition: In order to obtain competition, a Sources Sought Notice (SSN) was posted on sam.gov on 9 November 2023 for 19 days. The SSN was amended on 16 November 2023 to incorporate references to additional performance specifications and closed on 28 November 2023. Responses were received from the

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following three vendors: Contractor A ( ), Contractor B ( ), and Contractor C (CDAI) (See paragraph 9 below and for detailed analysis of the responses received).

a. Effective Competition: CDAI is the only responsible source available, effective competition is not achievable.

b. Subcontracting Competition: The Government will ensure that CDAI obtains competition in subcontracting to the maximum extent possible by including FAR clauses 52.219-8, "Utilization of Small Business Concerns," and FAR 52.244-5, "Competition in Subcontracting," in the contract. In accordance with FAR 52.219-9, "Small Business Subcontracting Plan", CDAI will be required to furnish a subcontracting plan, which will be evaluated and negotiated as appropriate.

Actions to Increase Competition: The Government�s Market Research Report dated 9 January 2024 confirms that CDAI is the only source capable of meeting this requirement as CDAI is the OEM. If future similar requirements are received, a future Sources Sought Notice will be posted to confirm that there have been no changes in the market.

Market Research: he MC IHK, Instrumented UCATT TVS for Stryker�s, Transportable EXCON inclusive of CATS Metrix Instrumentation System, TRRs, and Associated Support Equipment was conducted from 29 November 2023 to 3 January 2024. Market Research Report techniques used are as follows:

Issued formal requests for information, SSN, draft statements of work and in appropriate technical or scientific journals, business publications, and/or in https://sam.gov. A SSN was posted on Sam.gov on 9 November 2023 for 19 days. The SSN was amended on 16 November 2023 to incorporate references to additional performance specifications and closed on 28 November 2023. Responses were received from the following three vendors: , and Cubic Defense Applications, Inc (CDAI) (See paragraph 9 below for detailed analysis of the responses received).

b. Reviewed Federal Supply Schedule contracts, and other Government contracts.

c. Used Internet tools and performed Web searches. Researched MC IHK, CUI

Instrumented UCATT TVS, Transportable EXCON inclusive of CATS Metrix Instrumentation System, TRRs, and Associated Support Equipment capabilities at the websites from each of the vendors included under Section 9 of this J&A.

The Market Research concluded the following:

CDAI is the OEM and sole producer of the MC IHK, Instrumented UCATT TVS, and CATS Metrix Instrumentation System. Specifically, the CATS Metrix Instrumentation System is a trademarked product of CDAI that has not been licensed to any other firm. There are no other manufacturers of the MC IHK, Instrumented UCATT TVS, and CATS Metrix Instrumentation System which are the main components being requested under this effort. In addition, none of the alternate products being offered by other interested vendors meet all the required capabilities and special requirements listed in the SSN which were derived from the LOA for the Base System Requirements and Draft P&A for the Option for Increased quantity Requirements. CDAI provides the least risk to meeting the requirements and acquisition schedule for this effort.

9. Interested Sources: Three companies expressed interest in performing this effort.

See for evaluation of the responses provided by each of the companies.

Contractor A ( ): Based upon review of this contractor�s response to the SSN and response to the clarification questions posed by the Government - Contractor A does not meet the capabilities to fulfill all the specific requirements stated under this effort. This evaluation is summarized in

No relevant contracts to this effort were cited in the Contractor�s A documentation.

Under the proven capabilities tab of Contractor�s A company website, the Training as a Service (TaaS) business model could potentially explain the hardware fielding�s listed by Contractor A in their response where the Government found discrepancies and inconsistencies in Contractor�s A response. All the discrepancies and inconsistencies found are detailed under . Based on this, the Government was unable to determine if the fielding�s listed were for Training as a Service (TaaS) or for actual fielding�s (i.e. property transfers) of the equipment listed.

After detailed analysis of Contractor�s A response, which is included under

, it was determined that Contractor A proposed hardware and software solution is not fully compliant with all applicable required capabilities and

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(4) Summary of the contents in paragraph seven for previous justifications for that procurement and an explanation of the results:

W900KK-18-C-0055, OEM CDAI demonstrated successful backward compatibility under the system delivered under contract# W900KK-09-D-0376 LOA 7B-C-UBK.

Procurement of the system from another contractor would pose significant challenges in terms of backwards compatibility, interoperability, and tracking capability of previous fielded IMILES 2000 hardware. The specific software is based on a proprietary configuration baseline. Using a contractor other than CDAI to field a similar instrumentation system substantially increases costs and performance risk for the government.

(5) Any prior contract for this requirement accomplished using full and open competition:

W900KK-21-C-0030, The OEM CDAI was awarded this contract after a technical evaluation of three proposals were accomplished. One of the three proposals was considered technically unacceptable based upon the inability to meet all three evaluation criteria. Two proposals were considered technically acceptable with the Lowest Priced Technically Acceptable (LPTA) proposal being from CDAI.

This contract was in support of has no previous acquisition history for the MILES and this contract was the first MILES hardware capability utilized by

. Due to not having performance risk with previous hardware and backwards compatibility concerns this contract was competed utilizing full and open competition.

Contractor A submitted a proposal in response to this solicitation and was evaluated as �Technically Unacceptable� for all four criteria evaluated. Contractor B did not submit a proposal response to this solicitation.

(6) Any unusual patterns that may be revealed by the history: N/A

(7) Previous justification circumstances justifying the procurement and whether there have been any significant changes: Each referenced contract limiting competition was for various reasoning such as due to backward compatibility issues or for compliance with hardware/software requirements in the LOA.

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This requirement for is similar in nature to previous source directed contracts and the contracting approach of limiting competition is supported by the procurement history and technical team analysis accomplished

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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 knowledge and belief.

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Approval

Based on the foregoing justification, I hereby approve the procurement of the, MC IHK, Instrumented UCATT TVS for Stryker�s, Transportable EXCON inclusive of CATS Metrix Instrumentation System, TRRs, Associated Support Equipment, NET and Refresher NET, in the amount of $15,315,787.00 on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 3204(a)(1) as implemented in Federal Acquisition Regulation 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.