Sole Source Memo BOSS RFQ_Redacted.pdf

MEMORANDUM TO THE FILE

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

This procurement is for hardware and software maintenance support for the existing six BOSS systems in use by MCTSSA in support of testing. The Curtiss-Wright TCG Platinum Plan (TCG-PSP SLB) provides product support, extended warranty for both the hardware and software, and software updates. The Platinum Plan provides unlimited help desk support and one on-site visit for up to three days. The on-site visit can be used for BOSS hardware and software product support or knowledge transfer training. In addition, the Platinum Plan also includes protection for changes in the commercial marketplace such as operating systems and replacement of hardware due to commercial obsolescence. The period of performance is a base year plus four option years starting 4 May 2023 to 3 May 2031.

The BOSS Maintenance requirement is cyber related under Class Determination and Finding 23- 754 on 6 March 2023. The Class DF 23-754 was signed by Brigadier General Walsh 28 February 2023 providing flexibilities for procurements that are to assist with cyber attack defense and/or cyber attack recovery. This increases the simplified acquisition threshold to 800,000 dollars. The Class DF will be in effect through 31 January 2034 or until rescinded.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. _ ONLY ONE RESPONSIBLE SOURCE:

1. RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. _ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

This BOSS system is developed by Curtiss-Wright Tactical Communications Group (TCG) and BOSS maintenance is only available from the Original Equipment Manufacturer (OEM). Curtiss- Wright TCG is the only known source that can supply, and support maintenance of, the existing BOSS hardware and software used at MCTSSA. There are no authorized reseller distributors that provide BOSS hardware and licensed proprietary software maintenance support.

BOSS software is the “gold standard” benchmark for TDL platform integration, certification, and verification testing used by Government test organizations to validate compliance. Moreover, the BOSS software can perform offensive cybersecurity testing by Out-of-Sequence TADIL J Message and Word testing to identify and mitigate critical system vulnerabilities. There are no authorized substitutes. In addition, the BOSS software provides the features of dynamic scripting for mission scenarios, Network Enabled Weapons simulation, and terminal emulation of Multi-Functional Information Distribution System-Joint Tactical Radio System (MIDS-

JTRS).

During the past six years, MCTSSA has invested over one million dollars in the procurement of six BOSS systems. The BOSS maintenance plans reduce the risk of downtime of TDL M&S services in support of testing. MCTSSA test engineers rely heavily on the BOSS proprietary software in accomplishing multiple tasks. If a different software other than BOSS is procured, MCTSSA must replace all existing BOSS hardware and software installations and train its engineers on a different system. This would result in a substantial duplication of costs to the Government and add high risk that the new system will not be compatible with the other existing systems and test benches within MCTSSA engineering labs. This may cause unnecessary delays in executing and accomplishing MCTSSA multiple missions.

Furthermore, it makes sense for MCTSSA to protect their investment by extending the BOSS hardware and software warranty and be on a product plan to receive software updates. The BOSS maintenance and support services includes hardware and software updates, upgrades, bug fixes, license activation, return merchandise authorization, and online and telephone technical support.

3. OTHER REASONS.

B. BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.