Other_than_full_and_open_-_J&A_-redacted.pdf

J&A Number: 19-0359

DEPARTMENT OF THE NAVY

NAVAL AIR SYSTEMS COMMAND AIRCRAFT

DIVISION 21983 BUNDY ROAD, BUILDING

3272 PATUXENT RIVER, MARYLAND 20670

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWC-AD) Patuxent River, MD

2. Description of Action being Approved.

This Justification and Approval (J&A) is for the sole source award of an Indefinite Delivery Indefinite Quantity (IDIQ) contract with Compunetix for hardware and technical support services for the Compunetix Mission Voice Platform (MVP) System. The Compunetix MVP System is an integral part of the Atlantic Test Range (ATR), Test Communications Branch. Delivery Orders will be issued for the required hardware and incidental services on a Firm Fixed Price basis. Compunetix is the sole supplier of these test communication products. Compunetix is located at 2420 Mosside Blvd, Suite 1, Monroeville, PA 15146.

3. Description of Supplies/Services.

The MVP equipment is to provide real-time internal communication system (ICS) support and communications between the flight team and the aircraft pilot as a safety of flight requirement set by ATR’s Range Safety Officer (RSO). The voice is also collected and recorded for playback capabilities within the MVP system. This MVP system provides customized display capabilities for various flight teams, all with unique sets of requirements necessary to improve safety of flight. The flight test projects that are involved include, but are not limited to: JSF, F18, P8A, V22, 53K, and Triton. Compunetix has proprietary rights to the products and a service associated with this acquisition requirement and as such is the only vendor that can provide original equipment manufacturer (OEM) parts.

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

The Compunetix MVP hardware support provides major product and technology releases and critical security patch updates required to keep ATR systems accredited and operational.

Compunetix is the sole provider for licenses, hardware, software, maintenance, and technical support of MVP products. No other supplies or services will satisfy the program’s requirements.

The product warranty and license agreements will be voided if maintenance and technical support are provided by unauthorized sources. The Test Communications Branch is responsible for planning, purchasing, designing, and maintaining radio systems, processing and display systems, voice recording systems, and related software. Branch personnel operate voice acquisition systems, ICS and external communications, radio setup and maintenance, voice recording systems, and operate communications equipment modifications required to process voice from test projects, and provide advisory and consultation services. MVP technology is based on propriety software that allows unclassified and secret cores to control hundreds of mission instruments (MIs) simultaneously while offering complete customization for each position and conference. The Compunetix MIs are not compatible with other manufactures’ cores. Additionally, MIs from other manufacturers are not compatible with ATR’s current voice cores. Our current Government-Off-The-Shelf (GOTS) and Commercial-off-the-shelf (COTS) hardware applications have been tailored to be compatible with the Compunetix MVP operating system. Without renewal of the hardware maintenance and technical support, the equipment and their functionality would be put in an extremely unstable situation, which could cause work stoppages. No other products could be utilized without a substantial increase in effort and cost, and a significant risk of data corruption, loss or removal during transition. If the Communications Branch were to procure hardware and firmware with similar functionalities, it loses its current investments made for initial hardware/firmware that is approximately $-------------- which is not expected to be recovered through competition. A non-Compunetix solution will also require training, re-certifications, discontinuance of current maintenance contracts, establishment of new maintenance contracts, and additional labor hours that will require extensive testing and installation resulting in a long period of outage for our customers.

The cost associated with that is anticipated to be significant but cannot be estimated effectively due to ever changing dynamic workplace and requirements. If the government did select another product, there would be a high risk that the data could be corrupted, lost or completely removed in either a manual or automated transfer. This is not a viable option since it impacts the overall Fleet and mission critical activities.

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

A sources sought was posted on FedBizOpps on 13 March 2019 to determine Small Business Set-aside opportunities and market research. The synopsis closed on 29 March 2019 with the incumbent (Compunetix) and BMT Consulting, Inc., responding. However, only Compunetix was found capable. A special notice was posted on FedBizOpps on 08 July notifying industry of the Government’s intent to award to Compunetix. The synopsis closed on 22 July and no responses were received.

Market Research has been done by the ATR Test Communications Branch to derive the best hardware and maintenance support package available to meet or exceed the requirement. Using web searches, webinars, vendor roadshows and speaking with other Navy entities utilizing similar hardware products, it was determined that the Compunetix MVP products are the only products that will satisfy the requirements as other third party maintenance providers are not authorized to manipulate source code nor are they permitted to offer the same updates, patches, and bug fixes that are supplied through the Compunetix support coverage. Only Compunetix employees are authorized to access the software source code. Compunetix is the only manufacturer capable of providing the required support.

7. Determination of Fair and Reasonable Cost

In accordance with FAR 15.402, the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. The Contractor will submit a formal price proposal with pricing data and sufficient information to support the accuracy and reliability of the estimate. Compunetix’s proposal will be reviewed by experienced technical analysts and contract specialists. As these items are considered Commercial Items as defined in FAR 2.101, the Contracting Officer will utilize price analysis as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

ATR will continue to monitor the market for vendors that can provide the hardware and support services that can provide all of the necessary components needed to support DoD projects. If another potential source emerges, ATR will assess whether competition for future purchases will be required.