220920 - MCWS JA 22283 - Viasat_20220922_Redacted.pdf

UNITED STATES MARINE CORPS

MARINE CORPS SYSTEMS COMMAND

2200 LESTER STREET

QUANTICO VIRGINIA 22134-5050

IN REPLY REFER TO

Code: CT-2.2 J&A No: 22,283

JUSTIFICATION AND APPROVAL

FOR THE USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity

Marine Corps Systems Command (MCSC) Portfolio Manager Command Element Systems (PfM CES) Program Manager Communications Systems (PM CS) 2200 Lester Street Quantico, VA 22134-5050

2. Description of the Action Being Approved

PM CS requests to incorporate Viasat modem hardware and LinkWay waveform software as threshold requirements under the solicitation for the anticipated Marine Corps Wideband Satellite Communications-Light and Heavy (MCWS-L/H) systems. To meet Government threshold performance requirements for these systems, the MCSC requires vendors to propose Viasat modem hardware and LinkWay waveform software as part of their proposed MCWS-L/H solution. The Government will not directly purchase these items but rather will require all MCWS-L/H offerors to propose the use of Viasat modem hardware and LinkWay waveform software as component items in their proposed MCWS L/H solution. Viasat is the Original Equipment Manufacturer (OEM) for the required modem hardware and the LinkWay proprietary waveform, and is located at 6155 El Camino Real, Carlsbad, CA 92009.

Note that the MCWS-L/H procurement is also supported by a second justification, number 22,284.

3. Description of Supplies/Services

The Viasat modem hardware The LinkWay software

Authorization and approval is requested to require all competitors for the MCWS-L/H system to procure Viasat modem hardware and LinkWay waveform software, as components of the MCWS-L/H systems, at an estimated value of . A total quantity of modems, to include MCWS-L Modems, MCWS-L Spares, MCWS-H Modems and MCWS-H Spares, each with the Linkway waveform software, will need to be acquired by the successful MCWS-L/H contract awardee to be incorporated in the MCWS L/H solution.

J&A Number: 22,283

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting use of other than full and open competition is 10 United States Code (U.S.C.) § 3204(a)(1) (previously 10 U.S.C. § 2304(c)(1)), as implemented by the Federal Acquisition Regulation (FAR), Subsection 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements.”

5. Rationale Justifying Use of Cited Statutory Authority

The Marine Corps Wideband Satellite Communications Family of Systems (FoS) Capability Development Document includes specific operational requirements for MCWS-L/H to be interoperable

MCWS-L/H systems must utilize that same LinkWay waveform and modem.

Viasat is the sole developer and OEM for the LinkWay waveform and the hardware platforms that support the LinkWay waveform. Viasat exclusively owns the intellectual property associated with the Viasat hardware platforms and the network control algorithm used within the Linkway software. Viasat does not provide its LinkWay software/firmware to other modem manufacturers; that software is available exclusively on Viasat modems.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

In accordance with FAR Subsection 10.002(b)(2) and Section 5.201, the Government conducted Market Research via a Request for Information (RFI), M6754-22-I-2030, published to industry via https://beta.sam.gov, on 1 November 2021. Based on the findings in response to the RFI, Viasat was the only source capable of meeting the Government’s required capability of being interoperable with the currently fielded Marine Corps and Joint equipment. Viasat is the OEM for this required modem and waveform and exclusively controls the intellectual property behind them; therefore, PM CS requires that Viasat software and modems be used for the MCWS-L/H solution.

J&A Number: 22,283

7. Determination of Fair and Reasonable Price

This acquisition will be conducted utilizing FAR Part 15 procedures. Fair and reasonable pricing will be established based upon adequate price competition for MCWS-L/H systems using the Viasat components. In the event adequate price competition does not exist, in accordance with FAR 15.402, the Contracting Officer will use a comparison of the proposed prices to historical prices paid for the same or similar items and a comparison of proposed prices to independent Government cost estimates to determine whether the price is fair and reasonable.

8. Actions to Remove Barriers to Future Competition

For reasons set forth in Paragraph 5 above, PM CS will remain unable to compete future contracts for the types of supplies covered by this document until such time as Viasat licenses other providers to use its proprietary software to deliver the needed LinkWay waveform and the hardware platforms that support the LinkWay waveform. PM CS will conduct continuous market research and if another potential source emerges, PM CS will assess whether competition for future requirements is feasible.