JA Part 13 - WSMR Safran 2023-67 20230925_Redacted (1)_Redacted.pdf

Control No:

capabilities from five manufacturers were analyzed to identify telemetry trackers that could support the test mission at WSMR.

2) MDA acquired two ZDS mobile 2.4-meter Telemetry Trackers as prototypes to demonstrate the use in supporting WSMR's test mission. ZDS designed and built a frequency rejection filter specifically to reduce interference in the required frequency bands. This interference reduction is imperative to test and evaluate missile systems in a safe environment. Having a rejection filter will reduce the amount of possible interference; therefore, the new telemetry trackers will not be affected by future frequency interference. The prototype tests validated that the ZDS tracking system conforms to the WSMR spectrum requirements. Further, WSMR will be able to track objects faster which means better accuracy. WSMR began incorporating the ZDS antenna telemetry trackers in December 2018.

3) WSMR acquired four mobile 2.4-meter antenna telemetry tracking stations and three fixed 5.5-meter antenna telemetry tracking stations from ZDS on 29 September 2019, under contract W91151-19-C-0041 on a sole source basis. The authority permitting other than full and open competition was 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. The Justification and Approval (J&A) (Control No. MICC 2019-90) was approved on 26 September 2019 by the Alternate Advocate for Competition. WSMR required a modern, robust, electronic antenna telemetry system in compliance with wireless broadband constraints. No other manufacturer's product was compatible with the existing WSMR remote interface that can link multiple telemetry trackers to the same pointing angles during unclassified and classified missions which provides positional data and pointing cues to the telemetry antenna. The invested costs were over $6.0 Million to ensure the interface was compatible with the ZDS prototypes.

4) ZDS, the Original Equipment Manufacturer (OEM), was acquired by SDS and a novation was completed on 07 July 2020 under contract modification W9115119C0041-P00001. SDS owns all proprietary data and patent rights to the equipment.

5) In addition to the hardware, the system includes software to meet specific Radio Frequency (RF) filtering. These components follow typical Information Technology (IT) industry lifecycles and require regular updates to avoid becoming vulnerable to security attacks. SDS provided warranty support for one-year under contract W91151- 19-C-0041 to include system updates, monitoring, and repair support.

6) A follow on one-year commercial service maintenance agreement with SDS was awarded under contract W91151-22-C-0020 on 31 May 2022 on a sole source basis. The Contracting Officer determined that the circumstances of the contract action deem only one source reasonably available for purchases not exceeding the simplified acquisition threshold and included the justification in the contract file. These annual commercial agreements are a cost-effective method of keeping existing systems up to date. See paragraph 10.a, Procurement History below.

b. Alternatives:

1) Suspension of services: The SDS Antenna maintenance services are ongoing and critical to mission accomplishment. Suspension of this maintenance support will result in an obsolete, unsecure system which will quickly become non-compliant with mandated requirements and render it unusable due to the breakdown of various components. Therefore, this alternative is not viable.

2) Use in-house personnel: WSTC lacks sufficient manpower, technical expertise, and resources to perform the required services or access to the proprietary manufacturer technical information. Acquiring adequately trained personnel within the Government is not contemplated by the U.S. Army in the foreseeable future. Attempting to initiate actions to increase Government workforce and acquire the rights to proprietary information to accomplish this mission would take years and result in mission failure during the time required to adequately recruit and staff a trained workforce. This alternative is not viable.

3) Conduct a Competitive Acquisition: As stated in paragraph 5.a. above, the

SDS Antenna maintenance services requirement includes proprietary integration of the hardware and software specifically designed by SDS. Another contractor would have to establish practices, developmental techniques, and reengineer the technology to meet the requirements of the services needed, and consequently increasing the cost substantially. Alternately, conducting a competitive acquisition for a replacement system rather than the maintenance of the existing SDS Antenna systems, and potentially awarding to another contractor would result in duplication of cost and a loss of the investment in the current system. As WSMR has acquired six 2.4-meter and four 5.5-meter telemetry tracking stations to date, the duplication in cost to the Government would be a minimum of $6.7 million. This alternative is not viable.

4) Establish a Noncompetitive Contract. Disapproval of a noncompetitive contract would create barriers to efficient processes and result in an unsecure and an eventually obsolete system with the loss of an electronic antenna telemetry system in compliance with wireless broadband constraints on the WSMR test ranges. As discussed above, attempting to compete this requirement would result in unreasonable delays and loss of the $6.7 million investment in the current system.

c. Impact if not approved: Disapproval of a noncompetitive contract will result in the WSTC having a degraded ability to provide the level of support consistent with ongoing and future test programs. A competitive solicitation and award to any other contractor would put the effectiveness of the existing SDS telemetry tracking radars at risk, as detailed in paragraph 5.b.1.a above. Any potential minimal savings the Government might gain through competition would not be expected to be recouped and would void the significant amount of Government funds, time, and resources which have been invested in the WSMR system. All of which create barriers to efficient processes and the risk of impacting the outcomes and data collected from various test missions.

a. As detailed in paragraph 5.a above, the initial purchase of the SDS telemetry tracking radars from ZDS was made in 2018 by the MDA under a sole source acquisition which resulted in award HQ014718C0029.

b. The second purchase was on 29 September 2019 for four mobile 2.4-meter antenna telemetry tracking stations and three fixed 5.5-meter antenna telemetry tracking stations from ZDS under contract W91151-19-C-0041 on a sole source basis. The authority permitting other than full and open competition was 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements. The J&A (Control No. MICC 2019-90) was approved on 26 September 2019 by the Alternate Advocate for Competition.

c. The previous contract was for a one-year commercial service maintenance agreement with SDS was awarded under contract W91151-22-C-0020 on 31 May 2022 on a sole source basis. The Contracting Officer determined that the circumstances of the contract action deem only one source reasonably available for purchases not exceeding the simplified acquisition threshold and included the justification in the contract file.

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.

Date: See digital signature

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.

Date: See digital signature

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. This determination will be made using price analysis techniques in accordance with FAR 13.106-3(a)(2)(vi), Comparison to an Independent Government Estimate. As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial and the following exception applies: FAR 15.403-1(b)(3).

Date: See digital signature

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

Date: See digital signature

Approval

Based on the foregoing justification, I hereby approve the procurement of support for the Safran Data Systems Antennas maintenance services on a sole source basis pursuant to the authority of Simplified Procedures for Certain Commercial Items, Title 41 United States Code §1901 as implemented by Federal Acquisition Regulation 13.501. The estimated value of the contract is for a five-year period of performance (base year and four one-year option periods to include FAR 52.217-8), from approximately September 2023 through approximately March 2029. The approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX