REDACTED 822013919_JA FINAL_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12, and FAR Part 15

Purchase Request Number:

Contract Number: To be determined Procurement Title: Ashore and Afloat Carry On Satellite Communications (SATCOM) Capabilities Estimated Value:

Statutory Authority: 10 United States Code (U.S.C.) §2304(c) (1)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (OTFAOC)

Justification for OTFAOC Number:

Upon the basis of the following justification, I, as Procuring Activity Competition Advocate, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C. §2304(c) (1) and FAR 6.302-1/Defense FAR Supplement (DFARS) 206.302-1.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

a. Requiring Agency:

Military Sealift Command (MSC) Afloat IT Program Manager (N613) 1279 Franklin St, Building T-26 Norfolk, VA 23511

Explosive Ordnance Disposal (EOD) Afloat IT Program Manager (N613) 1279 Franklin St, Building T-26 Norfolk, VA 23511

b. Contracting Activity:

DISA/DITCO/PL8222

2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225

2. NATURE/DESCRIPTION OF ACTION(S):

This request is for the acquisition of STORM V1 Terminals and associated services to CopaSat, LLC., a small business. This Firm Fixed Price (FFP) contract will allow continuous subscription services for 16 STORM V1 terminals utilizing the Kymeta Connect Network Services.

Ashore and Afloat Carry On Satellite Communications (SATCOM)-

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a. Required transportable, ruggedized, and mobile Kymeta terminals, also known as STORM V1 terminals with associated services.

b. The period of performance (PoP) is for a one-year base period and will include two, six-month, option periods. The total estimated cost is . Fiscal year (FY) 2020 Operation and Maintenance (O&M) funding will be provided using a military interdepartmental purchase request. The applicable North American Industry Classification System Code is 517410, Satellite Telecommunications.

3. DESCRIPTION OF SUPPLIES/SERVICES:

a. MSC and the EOD unit have mission requirements that require mobile communications to provide communications for Ashore and Afloat Carry On Satellite Communications (SATCOM) initially acquired under Navy contract, . MSC requires additional STORM V1 terminals for sustained compatibility and maritime failover capability. MSC partnered with CopaSAT under contract to procure one STORM V1 terminal to conduct further testing. Upon further market research and a sources sought for Kymeta providers, it was found that CopaSAT exclusively provides a transportable, ruggedized, and mobile Kymeta terminal, the STORM V1 terminal with sustained information rates of approximately 2 megabites per second (Mbps) forward link (receiving) and 1 Mbps return link (transmitting) with maximum information rate of approximately 4 Mbps forward link and 2 Mbps return link.

b. This is a follow-on contract for Navy contract, .

4. IDENTIFICATION OF STATUTORY AUTHORITY:

Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C.2304(c)(1). (FAR 6.302-1/DFARS 206.302-1). FAR 6.302-1(iii) For DoD, NASA, and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in- (A) Substantial duplication of cost to the Government that is not expected to be recovered through competition.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Description of events.

CopaSAT is the only source capable of providing a transportable, ruggedized, and mobile variant of the Kymeta terminal due to an exclusive partnership with Kymeta. CopaSAT exclusively provides the transportable, ruggedized, and mobile Kymeta terminals that have been proven with testing under to meet MSC’s varying core, command, and training communication requirements. Concurrently, MSC is working with Commercial Satellite Communications Office (CSCO) for a larger satellite communications contract where the service requirements will have sufficient scope to encompass future service subscriptions for MSC’s mobile communications solution. The intent is to procure additional Kymeta STORM V1 antennas and services in FY20 to fill an operational gap until a larger contract for small, marinized terminals and

Page 3 of 5 Pages subsequent services can be provided under the MSC contract. is expected to be awarded by the end of the 2021 calendar year.

(b) Justification.

(1) Minimum Government requirements.

The SATCOM service must provide 2 Megabits (Mbps) forward and 1 Mbps receive data rates to allow the systems to operate as intended. The coverage area must align with Kymeta Connect Network coverage map

(2) Proposed sole source contractor.

The proposed contractor for this effort is CopaSAT, LLC., a small business;

12501 71st Ct N, Largo, FL 33773

(3) Discussion regarding cause of the sole source situation.

MSC has a requirement for transportable, marinized, and ruggedized terminals due to the marinized environment MSC operates in. The STORM V1 has fully sealed components & interconnections and salt/ fog certified IAW MIL-STD- 810G/H Method 509 and is compatible with the existing infrastructure. Due to CopaSAT exclusively selling this terminal, this vehicle must be sole sourced to CopaSAT, LLC.

(4) Impact.

MSC requires this mobile communications solution to fulfill its core, command, and training use cases. If transportable, marinized, and ruggedized terminal equipment and services are not procured, the MSC mission will be placed at risk as the mobile communications requirement provides a transportable communications failover capability supporting MSC’s global fleet during maritime transport. MSC provides essential assured logistics and service support to the warfighter as the nation's maritime transportation organization. MSC’s global mission requires reliable and ruggedized mobile communications capabilities to fill communication gaps. The Kymeta terminals allow for continuous, reliable and ruggedized communications, filling communications gaps while in maritime transport. Without this capability, MSC is at an increased risk of mission failure. There is currently no compatible alternative able to meet MSC’s needs. If MSC were to seek an alternative communications platform, it would result in substantial duplication of costs not expected to be recouped by the Government. Sunk costs expended previously during use case evaluation, testing and training totaled an estimated that would not be recouped through competition. Furthermore, MSC would be set back to the research, test and evaluation stage in search of an alternative solution which imparts severe capability and schedule impacts.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES: A Sources Sought was issued on January 24, 2020. A synopsis for this action will be published on the beta.SAM.gov website, in accordance with FAR 5.201.

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7. DETERMINATION OF FAIR AND REASONABLE COST: With the assistance of a Cost and Price Analyst, the contracting officer will determine whether CopaSAT’s proposed price is fair and reasonable before award. Other than certified cost and pricing data will be requested from the contractor at the time of solicitation. Evaluation of the supporting price documentation will be analyzed, contractor-proposed pricing will be compared to the independent government cost estimate, commercial price lists or catalogs, and other contracts for similar services will also be reviewed. Based on this analysis, the Contracting Officer will determine whether the negotiated price is fair and reasonable.

8. MARKET RESEARCH: Market research for this requirement started in FY19 where MSC determined that Kymeta’s stationary parts and transportability distinguished the terminal above other maritime terminals for afloat and ashore use cases.

A Sources Sought was posted on June 1, 2020 for Kymeta hardware and services. The Government evaluated the extent to which the vendors could provide Ashore and Afloat Carry On SATCOM services. SES Government Solutions, Intelsat General, Paradigm, MobilSat, and CopaSAT provided responses which indicated that they may be able to support the MSC Ashore and Afloat Carry On SATCOM requirement. However, based on the responses, it was found that CopaSAT is the only source capable of providing the transportable, ruggedized, and mobile variant of the Kymeta terminal due to an exclusive partnership with Kymeta. All market research conducted has verified that CopaSat continues to be the only contractor who provides the ruggedized Kymeta terminal, known as the STORM V1 Terminal, due to being the exclusive seller of the STORM V1 Terminal hardware already utilized by MSC.

9. LISTING OF INTERESTED SOURCES:

As identified above, six companies expressed and interest and submitted responses to the June 2020 Sources Sought posting: SES-GS, Knight Sky, Intelsat General, Paradigm, CopaSAT, and MobilSat.

10. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History.

was awarded April 13, 2019 as a sole-source contract to CopaSat, LLC. This was a one year contract allowing for proof of concept for this type of service.

(b) MSC and EOD will continue to conduct market research during this time period for alternative solutions that meet their requirements, and may be procured through full and open competition at the conclusion of this contract. Market research will also be conducted prior to exercising the option period(s) for this contract, and the results of this market research will be presented to the contracting officer to determine if exercising the option period is in the best interest of the Government. Additionally, as the terminals only require Ku-band and Kymeta subscription services, there is no exclusive relationship involved in procuring this service once the STORM V1 terminals are purchased.