jefo redacted.pdf

Justification for an Exception to Fair Opportunity or to Use Brand-Name Restriction

CONTROLLED UNCLASSIFIED INFORMATION

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 9v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 9

Description: Blackshark.ai Synthetic 3D Low Resolution Globe

- Permanent License for VTRAT Program

- Whole Low Resolution Earth Globe

- 10M MAXAR Color Imagery

- 30-90M Digital Elevation Model Part Number: Low Res Globe Quantity: 1 Each

CLIN: 0003

Description: Blackshark.ai SYNTH3D High Resolution 3D Content

- 2,000 sqkm

- Permanent License

- 50cm MAXAR Color Imagery/30m DEM

- Full SYNTH3D Extraction area of interest

- Non-sensor material Part Number: SYNTH3D HR Content Quantity: 4 Each @ 2,000 km² Each

CLIN: 0004

Description: Blackshark.ai SYNTH3D Simulator Runtime License

- Runtime license per simulator

- Permanent License

- License to execute SYNTH3D content on locally hosted simulators

- Non-keyed Part Number: Runtime License Quantity: 37 Each

Total Base Year Estimated Price: $

CLIN: 1001

Description: REPLIKA Globe Software Development Kit w/Unreal Engine Plugin

- Annual Subscription License

- Pro-version - Self Hosting Content Capability

- Sensor not required

- Includes SW update during active subscription Part Number: SDK-01 Quantity: 4 Each

CLIN: 1002

Description: Blackshark.ai Synthetic 3D Low Resolution Globe

- Permanent License for VTRAT Program

- Whole Low Resolution Earth Globe

- 10M MAXAR Color Imagery

- 30-90M Digital Elevation Model Part Number: Low Res Globe Quantity: 1 Each v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 9v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 9

CLIN: 1003

Description: Blackshark.ai SYNTH3D High Resolution 3D Content

- 2,000 sqkm

- Permanent License

- 50cm MAXAR Color Imagery/30m DEM

- Full SYNTH3D Extraction area of interest

- Non-sensor material Part Number: SYNTH3D HR Content Quantity: 4 Each @ 2,000 km² Each

CLIN: 1004

- Runtime license per simulator

- Permanent License

- License to execute SYNTH3D content on locally hosted simulators

- Non-keyed Part Number: Runtime License Quantity: 37 Each

CLIN: 2001

Description: REPLIKA Globe Software Development Kit w/Unreal Engine Plugin

- Annual Subscription License

- Pro-version - Self Hosting Content Capability

- Sensor not required

- Includes SW update during active subscription Part Number: SDK-01 Quantity: 4 Each

CLIN: 2002

- Permanent License for VTRAT Program

- Whole Low Resolution Earth Globe

- 10M MAXAR Color Imagery

- 30-90M Digital Elevation Model Part Number: Low Res Globe Quantity: 1 Each

CLIN: 2003

Description: Blackshark.ai SYNTH3D High Resolution 3D Content

- 2,000 sqkm

- Permanent License

- 50cm MAXAR Color Imagery/30m DEM

- Full SYNTH3D Extraction area of interest

- Non-sensor material Part Number: SYNTH3D HR Content Quantity: 4 Each @ 2,000 km² Each v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 9v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 9

CLIN: 2004

- Runtime license per simulator

- Permanent License

- License to execute SYNTH3D content on locally hosted simulators

- Non-keyed Part Number: Runtime License Quantity: 37 Each

Total Base Year Estimated $

CLIN: 3001

Description: REPLIKA Globe Software Development Kit w/Unreal Engine Plugin

- Annual Subscription License

- Pro-version - Self Hosting Content Capability

- Sensor not required

- Includes SW update during active subscription Part Number: SDK-01 Quantity: 4 Each

CLIN: 3002

- Permanent License for VTRAT Program

- Whole Low Resolution Earth Globe

- 10M MAXAR Color Imagery

- 30-90M Digital Elevation Model Part Number: Low Res Globe Quantity: 1 Each

CLIN: 3003

Description: Blackshark.ai SYNTH3D High Resolution 3D Content

- 2,000 sqkm

- Permanent License

- 50cm MAXAR Color Imagery/30m DEM

- Full SYNTH3D Extraction area of interest

- Non-sensor material Part Number: SYNTH3D HR Content Quantity: 4 Each @ 2,000 km² Each

CLIN: 3004

- Runtime license per simulator

- Permanent License

- License to execute SYNTH3D content on locally hosted simulators

- Non-keyed v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 9v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 9

Part Number: Runtime License Quantity: 37 Each

Total Base $

CLIN: 4001

Description: REPLIKA Globe Software Development Kit w/Unreal Engine Plugin

- Annual Subscription License

- Pro-version - Self Hosting Content Capability

- Sensor not required

- Includes SW update during active subscription Part Number: SDK-01 Quantity: 4 Each

CLIN: 4002

- Permanent License for VTRAT Program

- Whole Low Resolution Earth Globe

- 10M MAXAR Color Imagery

- 30-90M Digital Elevation Model Part Number: Low Res Globe Quantity: 1 Each

CLIN: 4003

Description: Blackshark.ai SYNTH3D High Resolution 3D Content

- 2,000 sqkm

- Permanent License

- 50cm MAXAR Color Imagery/30m DEM

- Full SYNTH3D Extraction area of interest

- Non-sensor material Part Number: SYNTH3D HR Content Quantity: 4 Each @ 2,000 km² Each

CLIN: 0004

- Runtime license per simulator

- Permanent License

- License to execute SYNTH3D content on locally hosted simulators

- Non-keyed Part Number: Runtime License Quantity: 37 Each v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 6 of 9v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 6 of 9

Estimated Delivery: 30 Days After Receipt of Order (ARO)

(4) Justification for restricting consideration to a brand-name item:

VTRAT is an advanced simulation designed to train aircrews in recognizing and responding to various threats targeting aircraft.

It provides a realistic representation of the aircraft along with cockpit views, allowing aircrews to visualize scenarios in which threats are fired at their aircraft. The simulation is instrumental in teaching personnel how to identify actual threats alongside distinguishing features of different objects that may resemble threats, enabling them to better recognize false alarms.

Currently, VTRAT is undergoing a significant redevelopment of it's graphical system. The upgrade will incorporate the Unreal Engine Plugin, which promises enhanced visual fidelity and more immersive training experiences. This transition aims to equip aircrews with improved training support, ultimately bolstering their readiness and effectiveness in real-world scenarios.

The requirements for the redevelopment are as follow:

1. Realistic map data

a. Actual height data for terrain

b. Actual height and shapes for buildings

c. Terrain suitable for flight simulator (accurate from various altitudes)

2. Operates fully in a standalone environment (no network connection)

3. Able to be imported into Unreal Engine and Unity plugin

4. The level of detail for Airports are Federal Aviation Administration (FAA) and Department of Defense (DoD) chart level compatible

5. Map data may continue to be used even if development licenses are not continued

a. As long as software is not changed, prior releases can still be operated.

The selection of the Blackshark.ai REPLIKA Globe Software Development Kit, which includes the Unreal Engine Plugin and global terrain content, is based on its unique ability to fulfill all critical project requirements. This solution offers native compatibility with Unreal Engine (UE), meets mission-specific environmental needs, and provides superior long-term value and realism compared to competitors.

A primary factor in this decision is the seamless, out-of-the-box integration of Blackshark.ai with Unreal Engine.

Alternative terrain solutions that lack this native compatibility would require extensive custom development. This work would introduce significant labor costs and schedule delays, as it demands a specialized skillset that is in short supply and not present with in the 309th Software Engineering Group (SWEG). The project's delivery estimates are contingent upon this automatic functionality. Proceeding without in would result in missed deadlines and the delivery of less capable products for a considerable duration.

The project requires airport environments to be compatible with FAA and DoD standards to accommodate specific training scenarios. Extensive market research confirmed that Blackshark.ai was the only vendor capable of fulfilling this requirement. Additionally, Blackshark.ai provides high-fidelity day and night terrain performance and efficiency without needing to reduce accuracy or detail. This is critical for a simulation trainer, where trainee reaction time is paramount and replicating the real-world environment is of the utmost importance.

Acquiring this high-detail terrain as a Commercial-Off-The-Shelf (COTS) product offers a significant cost-saving advantage over the project's lifecycle. The alternative - building this terrain "in-house" - would incur prohibitive expenses in labor and personnel availability, particularly in fixing scaling and time-of-day visual fidelity. Purchasing this COTS solution enables the development team to redirect its focus toward the production of unique content and capabilities that are not commercially available. Other terrain software evaluated did not offer the same level of performance or efficiency, and where therefore deemed less accurate and cost-effective.

Finally, Blackshark.ai surpasses alternative software solutions by creating more realistic and detailed terrain.

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 8 of 9

Instructions for Completing the Template IAW FAR 16.505(b)(2)(ii)(B)

(2) State whether the action is a new order or a modification to an existing order. Identify the basic multiple award contract number and the order number for the current action. Also identify the type of the order/line items on the order (e.g., Firm Fixed price, Cost Plus Fixed Fee, etc.).

(3) Specifically describe the supplies/services to be acquired including the price/cost and quantity of each item in the order and the total estimated value of the order. For services, state whether services are performance-based, and if not, provide rationale for not being performance based. State the delivery/performance schedule/period for the items under the order. Explain how the requirement/order fits under the scope of the basic multiple award contracts.

(Note: The Contracting Officer must ensure that the order is issued within the period of performance and within the maximum value of the contract).

(4) Include the appropriate exception from FAR 16.505 (b)(2) and the supporting rationale. FAR16.505(b)(1)(i) requires the Contracting Officer to provide each awardee under a multiple award contract, a fair opportunity to be considered for each order exceeding $3,000 unless a statutory exception applies. The specific exception that precludes the fair opportunity process for this acquisition is FAR 16.505(b)(2)(i)(__) [Insert A,B, C, D, or E]. If a brand name product description is being justified, use this section to explain why the particular brand name, product, or feature is essential to the Government's requirements and why other companies' similar products/services do not meet, or cannot be modified to meet, the agency's needs.

FAR 16.505(b)(2)(i)(A): “The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays”. When using this exception provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the mission impact if awarded to any other contractor. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.

FAR 16.505(b)(2)(i)(B): “Only one awardee is capable of providing the supplies or services required at the level at the level of quality required because the supplies or services ordered are unique or highly specialized”. When using this exception provide a detailed justification, with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement. The user/customer typically provides this supporting information.

Supporting documentation may be attached to the back of the document. General statements are not acceptable.

FAR 16.505(b)(2)(i)(C): “The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order”. When using this exception provide information on the previously competed order under this contract and detail the economies and efficiencies that will be obtained by going sole source for the follow-on order. The user/customer typically provides this supporting information.

General statements are not acceptable.

FAR 16.505(b)(2)(i)(D): “It is necessary to place an order to satisfy a minimum guarantee.”

FAR 16.505(b)(2)(i)(E): “For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.”

Discuss the market research that was conducted by the user/technical team/contracting officer among the supplies/services of all awardees that resulted in the conclusion that a fair opportunity exception applied. The narrative in this section should provide a high level of confidence that the requirements of FAR 16.505(b)(1) and DFARS 216.505-70 could not be met. If no market research was conducted, state so and provide the rationale. If any other awardee expressed interest in fulfilling the requirement, but was not considered a potential source, explain why that awardee cannot provide the required supplies/perform the service.

v 18 Jan 2024 CONTROLLED UNCLASSIFIED INFORMATION Page 9 of 9

If the use of a brand name purchase description is being justified, the market research should include an analysis of any industry proposed alternative products or approaches to meeting the requirements. Additionally, the Government's efforts to identify as many potential sources as practicable offering the required brand name item(s) should be addressed.

(5) This paragraph needs to be tailored based on the types of CLINs in the order and the pricing arrangements on the basic multiple award contract. If the contract did not establish the price for the supply or service, the Contracting Officer must establish prices for each order IAW FAR 15.4. The paragraph needs to describe the steps that will ensure that the prices/estimated cost of the order will be fair and reasonable. For example, even if firm-fixed prices were obtained under adequate price competition in the award of the multiple award contract, the Contracting Officer still needs to consider market conditions and other factors that may have changed since contract award and explain the basis in the determination that prices/costs are fair and reasonable prior to award of the order.

(6) Provide any other facts supporting the use of exceptions to the fair opportunity process.

(7) Include a statement of the actions, if any, to be to be taken to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.