N0018920QZ401 Justification-Ultra ADSI products--beta.sam.gov.docx

DEPARTMENT OF THE NAVY

NAVSUP FLEET LOGISTICS CENTER NORFOLK

700 ROBBINS AVE, BLDG 2B

PHILADELPHIA, PA 19111-5083

IN REPLY REFER TO

J&A #20-074

JUSTIFICATION AND APPROVAL FOR USE OF SOLE SOURCE

1. Identification of Agency and Contracting Activity. The requiring activity is the Joint Staff, J7 Directorate, Joint Interoperability Division (JID); the contracting activity is the NAVSUP Fleet Logistics Center Norfolk (NFLCN), Contracting Department, Philadelphia Office.

2. Description of the Action Being Approved. This is a sole source action for award of a new firm-fixed-price purchase order to Ultra Electronics Advanced Tactical Systems, Inc. (Ultra) of Austin, Texas, for hardware upgrade kits, software licenses and software updates.

3. Description of the Supplies/Services. The requirement consists of Ultra products, necessary to support and sustain an existing Ultra Air Defense Systems Integrator (ADSI) system, currently in use at the JID for joint military training operations and simulations. ADSI is a registered trademark of Ultra. The requirement consists of the following Ultra products.

The requirement uses Fiscal Year 2020 Operation & Maintenance (O&M) appropriations.

4. Statutory Authority Permitting Sole Source. The statutory authority permitting sole source is 41 U.S.C. 1901(e)(2) – a sole source acquisition under the test program for certain commercial items, as implemented by FAR 13.501(a).

5. Rationale Justifying Use of Cited Statutory Authority. Ultra’s ADSI system is a mission-essential component of the JID military training program. The JID teaches students to plan, establish and manage data link interfaces that connect and share a common tactical picture within multinational Joint Task Forces. The JID introduces students to tactics, techniques and procedures on advances in networked warfare and emergent capabilities (i.e., Net-Enabled Weapons, Link 16 Enhanced Throughput, and Concurrent Multi-Net Receive) to achieve interdependence and operational effectiveness. The JID operates the Joint Multi-Tactical Data Link School, which uses an Ultra ADSI data-link computer hardware and software system. The JID uses the Ultra ADSI system to replicate and simulate combat scenarios, and effectively train students to become Joint Interface Control Officers and Joint Interface Control Cell operators.

Ultra’s ADSI is a command and control system that receives and transmits data from multiple radars and computer systems in a tactical situation, such as a battlefield. Ultra’s ADSI system provides situational awareness to ashore and afloat units and provides worldwide joint military commanders with critical data to make real-time, tactical decisions. Ultra holds exclusive software rights, which the government has not procured. No other source is currently available to support and sustain the ADSI system via hardware driver and software source code. Ultra’s ADSI features and TacView software knowledge reside solely within Ultra. Ultra does not out-source development of their products and software source code to any subcontractor or other companies. Only Ultra possesses the requisite subject matter experts in tactical data links and network equipment to support the JID military training environment. Other tactical data link and electronic manufacturers, such as Viasat, Data Link Solutions, and Northrop Grumman have products to support and sustain their own systems, not Ultra’s. Thus, only Ultra is capable of supporting and sustaining the existing Ultra Air Defense Systems Integrator (ADSI) system, currently in use at the JID for joint military training operations and simulations. No other sources of supply can satisfy the JID’s needs. This requirement is not for development, modernization or enhancement of a Defense Business System.

6. Description of Efforts Made to Solicit Offers from as Many Sources as Practicable. The requiring activity conducted market research in the electronic equipment marketplace to determine product commerciality and vendor availability. The market research indicates the ADSI requirement is a commercial off-the-shelf product, available only from Ultra. At the beta.SAM.gov website, the contracting activity recently posted a notice of intent to procure this requirement by other than full and open competition. While the notice did not constitute a solicitation, vendors were to identify their interest and capability to satisfy the requirement. No vendors expressed an interest in the requirement.

7. Determination of Fair and Reasonable Cost. The Contracting Officer at NFLCN, Contracting Department, Philadelphia Office will determine that the price negotiated for this acquisition is fair and reasonable.

8. Actions to Remove Barriers to Future Competition. For the reasons set forth in Paragraph 5, the NFLCN Contracting Activity has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, the NFLCN Contracting Activity will assess whether competition for future requirements is feasible.

9. Contracting Point of Contact: The point of contact at the NFLCN, Contracting Department, Philadelphia Office is Anita Spriggs, at commercial (215) 697-9641, or e-mail address anita.spriggs@navy.mil.

SOURCE SELECTION INFORMATION – SEE FAR 2.101 and 3.104

CERTIFICATIONS AND APPROVAL

Technical Requirements Certification

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Signature Title Phone No. Date

Legal Sufficiency Review

I have determined this Justification is legally sufficient.

Signature Printed Name Phone No. Date

Contracting Officer Certification

I certify that this Justification is accurate and complete to the best of my knowledge and belief. To the extent that the J&A value is between $250K and $700K, the Contracting Officer’s signature below also represents approval of the J&A.

Signature Printed Name Phone No. Date

Contracting Activity Competition Advocate Review

To the extent that the J&A value is between $700K and $13.5M, the Competition Advocate’s signature below also represents approval of the J&A/LSJ.

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