Redacted JA GNAT Pro.pdf

Control No: CAO-20-0452

Contractor: AdaCore Technologies, Inc.

Program/Equipment: GNAT Pro Software, Licenses & Maintenance

Version – March 2017 FOR OFFICIAL USE ONLY

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: US Army Contracting Command – New Jersey, 9 Phipps Road, Picatinny Arsenal, New Jersey 07806-5000

2. Description of Action: US Army Combat Capabilities Development Command Armament Center (CCDC AC), Weapons and Software Engineering Center (WSEC) Firing Tables and Ballistics Division (FCDD-ACW-FT) and Artillery Fire Control System Division (FCDD-ACW-FI) of the Fire Control Systems and Technology Directorate (FCSTD) requests a 12 month, Firm-Fixed-Price (FFP) contract with AdaCore Technologies, Inc. 150 W. 30th Street, 16th Floor New York, NY 10001-4091 for their brand name GNAT Pro Software, Licenses and Maintenance. The Government projects award in fiscal year 2020, Research Development Testing & Evaluation funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

This action is a follow-on to contract W15QKN-19-C-0066. That contract was not competed under authority “Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, Exclusive licensing agreements.”

Paragraph, “Actions to Increase Competition” of the previous justification, stated: Market Research will be refreshed annually to determine if there have been any changes allowing for full and open competition. Those actions were accomplished by a reviewing mandated sources of supply vehicles for commercially available software & maintenance such as Computer Hardware, Enterprise Software and Solutions and General Services Administration, posting a Sources Sought Notice (SSN) W15QKN-20-X-0CXL to SAM.gov Webpage on 22 July of 2020, and, the requiring activity searched the Internet and performed Web searches to identify other potential software solutions on the commercial market place.

3. Description of Supplies/Services: Firing Tables and Ballistics Division (FCDD-ACW- FT) and Artillery Fire Control System Division (FCDD-ACW-FI) of the Fire Control Systems and Technology Directorate (FCSTD) of the WSEC, CCDC AC, located at Aberdeen Proving Ground, Maryland and Picatinny Arsenal, New Jersey, require the 100% brand name commercial software purchase of AdaCore’s “GNAT Pro” software licenses and maintenance. This software is used in the development of ballistic software.

This requirement will purchase the software, licenses and maintenance, such as annual support, patches, bug fixes, and updates, as required, to keep the software working properly and efficiently.

Purchase of the following commercial AdaCore software and subscriptions include:

For up to 15 users, GNAT Pro Enterprise Ada cross environment for ARM Android hosted on x86 Windows, GNAT Pro Enterprise Ada for x86-64 Windows (64 bits) native, GNAT Pro Enterprise Ada for x86 Windows (32 bits), GNAT Pro Enterprise Ada for x86- 64 GNU Linux (64 bits) native, and CodePeer for x86-64 Windows (64 bits) native.

For up to 38 users, GNAT Pro Enterprise Ada for x86-64 Windows (64 bits) native, GNAT coverage for x86-64 Windows (64 bits) native, GtkAda for x86-64 Windows (64 bits) native, and CodePeer for 64 bit.

For up to five users, GNAT Pro for PowerPC VxWorks 6.x hosted on x86 GNU Linux (32 bits), GNAT Pro Enterprise Ada for x86 Linux (32 bits), and CodePeer for 32-bit.

Period of Performance: 12 months after award Total Value:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5: Exclusive licensing agreements.

5. Reason for Authority Cited: The authority cited is appropriate for this requirement as AdaCore owns the proprietary rights to the GNAT Pro software. AdaCore has the exclusive licensing agreements in place for the Government’s software, license and maintenance requirements. They have provided a letter to the United States Government this past January 2020 certifying that only AdaCore can provide “GNAT Pro and GNAT Pro Tools such as CodePeer and Spark Pro,” that AdaCore is the “sole source provider of GNAT Pro and GNAT Pro tools and support maintenance,” and that “AdaCore is the sole source provider for any upgrade to the GNAT Pro Subscription.”

AdaCore is the sole source provider of the GNAT Pro software. They have the proprietary rights for the software and they are the sole distributor. AdaCore and New York University are the authors of this compiler for AdaCore. As a result, these circumstances require the Government to sole source this contract to AdaCore. They are uniquely qualified to provide this requirement.

The development environment made by AdaCore is the only development environment that can be used to integrate other Government-off- the-Shelf (GotS) code that is part of code reuse efforts. Due to the GotS code originally being developed in this development environment, utilizing the same development environment causes the least amount of risk the project would incur when integrating the code into the various projects.

This is a brand name requirement, and no other contractor has, or can be made to have, the essential qualifications to meet the Government’s requirements. Other software brand alternatives, such as Linux and Berkley Software Distribution (BDS) applications, were considered, but these new software applications would not have the same support and maintenance required by the Government. In addition, there would be substantial duplication cost associated with identifying, implementing and utilizing another software brand that would not be recovered with competition. These costs are broken down as follows:

Reworking Requirements:

Redesigning System Architecture:

Recoding/Training Developers:

Training of Software Engineers:

Total Duplication Costs

There are really no contracting alternatives to this sole source approach. The Government does not possess the capability to provide their own support for either this version or a different version of the GNAT Pro software, and, due to the exclusive licensing rights, nor does any other commercial vendor or reseller. As a result, a sole source contract to AdaCore is the best path forward.

Not awarding to AdaCore could result in unintended issues or failure to properly integrate the reuse code. This would cause the Government significant cost and time to correct.

Utilizing any other development environment would require complete redevelopment of the code, which will include all testing and approvals which in turn would lead to delays in supporting and releasing upgrades to

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201.

7. Actions to Increase Competition: Market Research will be refreshed annually to determine if there have been any changes allowing for full and open competition.

8. Market Research: A SSN (W15QKN-20-X-0CXL) was posted to Sam.gov Website on 22 July 2020. Two responses was received and both was found not technically capable.

In addition to the Sources Sought Notice, the Requiring Activity’s Ms. Maggie Klein, CCDC AC Computer Scientist, searched the internet to identify other brand name software applications, and identified Linux and BDS, but as identified above, competition would never recover any costs already expended over the past several years for the current software platforms that use AdaCore’s GNAT Pro Software as documented in the Market Research report on file dated 11 June 2020.

9. Interested Sources: See paragraph six. To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History:

Description of Requirement: GNAT Pro Ada software and licenses.

(1) Contract number: W15QKN-19-C-0066, awarded Contractor: Ada Core Technologies Period of Performance: 19 September 2019 – 18 September 2020 Total Awarded Amount:

(2) Competitive Status: Sole Source Call Order

(3) FAR 13.106-1(b)(1) only one source reasonably available, exclusive licensing agreement

(4) The previous Limited Source Market Research will be refreshed annually to determine if there have been any changes allowing for full and open competition.

(5) No known contract previous to this was accomplished using full and open competition.

(6) There are no unusual patterns to be revealed by the history of these software buys.

(7) There have been no significant changes to the circumstances justifying this procurement through the years.

Description of Requirement: GNAT Pro Ada software and licenses.

(1) Contract number: W15QKN-18-C-0046, awarded Contractor: Ada Core Technologies Period of Performance: 30 March 2018 – 29 March 2019 Total Awarded Amount:

(2) Competitive Status: Sole Source Call Order

(3) FAR 13.106-1(b)(1) only one source reasonably available, exclusive licensing agreement

(4) The previous Limited Source Market Research will be refreshed annually to determine if there have been any changes allowing for full and open competition.

(5) No known contract previous to this was accomplished using full and open competition.

(6) There are no unusual patterns to be revealed by the history of these software buys.

(7) There have been no significant changes to the circumstances justifying this procurement through the years.

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Date: 7 August 2020

Title: Computer Scientist Signature:

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Date: 7 August 2020

Approval

Based on the foregoing justification, I hereby approve the procurement of GNAT Pro Software, Licenses and Maintenance on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Elizabeth A. Horak Date: 12 August 2020

Title: Contracting Officer Signature: