JA - Mutualink OEM Final__Redacted.pdf

Control No: _____________ Contractor: Mutualink, Inc.

Program/Equipment: Mutualink licenses and equipment

Version February 2017 FOR OFFICIAL USE ONLY

(a) As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, 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. As further described in FAR 6.302-1(c), an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 6.303 and 6.304.

(b) Alternatives:

i. JIATF-S could replace (via a new acquisition) Mutualink rather than purchase new licenses and equipment, however, however that alternative would be cost prohibitive. In addition to the cost Mutualink provides a capability that cannot be replicated or easily replaced by another vendor or product.

If this justification is not approved and the licenses and equipment cannot be provided by the intended sole source Contractor then JIATFS would incur significant cost, resources, and a negative operational impact. Mutualink provides full motion video, voice communications, chat, and file sharing from the tactical assets thousands of miles away directly to the JIATF South Operations Watch floor. There is currently no other means to provide this capability that is releasable to Partner Nations, is easy to setup and use, and fully interoperable with JIATF South and Partner Nation communications systems. The system is unique in that it can also provide this capability to a mobile device or laptop, thus reaching more JIATF South partners and stakeholders. Without Mutualink, communications with our Partner Nations would be limited.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

b. Subcontracting Competition: Subcontracting competition is not applicable to this acquisition as award will be made sole-source to a small disadvantaged business concern.

7. Actions to Increase Competition: Mutualink equipment and licenses are proprietary to Mutualink Inc. and there are no authorized distributors of Mutualink technology to US Southern Command. Therefore, no actions to increase competition can take place without removing and reinstalling a new system.

8. Market Research: Market research was performed in 2019 leading to the selection of this capability and vendor. New market research has not identified another vendor

Control No: _____________ Contractor: Mutualink, Inc.

Program/Equipment: Mutualink licenses and equipment

Version February 2017 FOR OFFICIAL USE ONLY authorized to provide this proprietary solution or another solution offering a similar capability. Mutualink provided a letter previously that Chiilcott Incorporated is the only authorized distributor of Mutualink technology to the US Southern Command, however, on 09 September 2021, we received notification from Mutualink that Chillcott is no longer acting as a prime supplier of products and services. Market research indicates that all costs associated with this vendor are consistent with other contracts and offerings such as the GSA Schedule.

9. Interested Sources:

Due to Mutualink being proprietary and being the only authorized distributor other vendors were not considered. Since Mutualink, Inc. is a disadvantaged small business concern and the only source who can satisfy the requirements, a Sources Sought notice has not been posted. To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History

(1) JIATFS acquired the Mutualink system and licenses in FY2019 through the SOUTHCOM managed IDIQ contract W912CL-15-D-0001, Order W912PX-20-F-0028 with Chilcott Incorporated. The IDIQ contract expired after its fourth option year and has not been renewed.

(2) The competitive status of these actions: The IDIQ cited in 10(a)(1) above was awarded sole-source to Chilcott Incorporated.

(3) Authority previously cited if less than full and open competition was used: 10 U.S.C. 2304(c)(5).

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results: Not Applicable.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources: Not Applicable.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys: There are no unusual patterns found after reviewing the previous acquisitions.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes: No significant changes have occurred.