J AControlNo13B15.docx

Control No. 13-B15

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION (Actions NTE $650K for other than Simplified Acquisition Procedures)

1. Contracting Activity: U.S Army Contracting Command – Aberdeen Proving Ground (ACC-APG)

2. Description of Action:

Nature: |_| New Requirement |_| Follow-on Requirement |X| Mod to Existing Purchase Order/Contract Number W15P7T-12-D-0015 Pricing: |X| Firm-Fixed Price |_| Time & Materials |X| Cost For Hybrid Contracts, list percentage of each type of pricing: Firm Fixed Price: 50% Time & Materials: Cost: 50% Funds: |X| Operations and Maintenance, Army (OMA) |_| Other Funds:

Fiscal Year of Funds: 2013

Contractor: COMTECH Mobile Datacom Corporation 20430 Century Blvd Germantown, MD 20874-1202 Cage Code: 04NA3

3. Description of Services or Supplies:

The Joint Battle Command-Platform (JBC-P) System is the Army’s digital battle command information system at the brigade and below level. The JBC-P System provides soldiers and leaders in combat, combat support, and combat service support units, at the brigade and below level, with on-the-move, near real-time Situational Awareness (SA), and Command and Control (C2) information, and provides a means for brigade and battalion commanders to lead when away from their Tactical Operations Centers. Since November 2002, JBC-P Systems have been used by the Army and other Services to support Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn. The JBC-P System uses commercial L-Band satellite lease services as the communications media to share platform-level SA and C2 information and they are being used by the U.S. Army Central Command’s joint and tactical coalition forces and are critically required for force protection. This contract action is to install and operate BFT1 Hub equipment at the Satellite Ground Station (SGS) facilities at Paumalu, Hawaii, and Fucino, Italy. The action also includes a portion of the DoD requirement Host Based Security System (HBSS) upgrade. The installation of this equipment will allow PM JBC-P to increase its capabilities to support the Warfighter in Southwest Asia, and provide training to units deploying to the United States Central Command (CENTCOM). This contract is for installation only.

4. Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements

5. Reasons for Authority Cited:

The source for this contract is CMDC. CMDC is the developer of the JBC-P System’s Blue Force Tracking 1st Generation (BFT1) satellite network and remains the owner of critical intellectual property (IP) necessary for operation of the network. Any source, other than Comtech, would require 2-4 years to re-engineer Comtech’s satellite network operational while improving network security and increasing data capacity. The BFT1 network, including CMDC’s satellite hubs, can only operate using CMDC’s proprietary software and waveform, which cannot be duplicated or replaced by any other vendor. Only CMDC personnel may install, test, or maintain their BFT1/MTS Hub equipment. Since this equipment is proprietary to CMDC, and there is little chance it’s policies have changed since May 2013, no other company is allowed to install this equipment. If CMDC satellite hubs are not used, the BFT1 and MTS networks would not be able to function in Europe and Africa, and situational awareness would be removed from 85% of the Army and Marine Corp ground vehicle platforms, and from 100% of all US Military aircraft, in those areas. Any interruption in these services would cause reduced operational readiness and increased risk of serious injury or loss of life to Warfighters.

6. Actions to Increase Competition:

Market research will continue to be conducted to determine if changes occur in the marketplace that would enable future actions to be competed.

7. Market Research: On 11 July 2013, Request for Information (RFI) was posted to FedBizOpps for Satellite Telecommunications (NAICS Code 517 and 517410). The RFI requested support for satellite hub interface installation, sustainment of hub/hub interface equipment, telehousing hub hosting agreements with Satellite Earth Station facilities, operating BFT1 network upgrades and performing planned and emergency maintenance to keep the network operable. In response to the RFI, 3 capability statements were received.

The responses received were submitted by Glacier Technical Solutions, Glacier Technologies LLC, and Astrium Services Government, Inc. Each capability statement was evaluated to determine its ability to satisfy the requirement. The analysis of the capability statements yielded no additional sources.

The analysis of Astrium Services Government, Inc, Glacier Technical Solutions and Glacier Technologies, LLC showed there was no evidence that either contractor had any knowledge of the BFT1 or MTS network architecture or operation. Operation and repair support by these contractors would require in depth knowledge of Comtech proprietary information. The analysis concluded no additional sources for this requirement based on the responses submitted.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): |X| Yes |_| No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: Was action competed? |X|Yes |_| No If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

Under Contract DAAB07-02-C-E201, Northrop Grumman Mission Systems (NGMS), as the prime system integrator for FBCB2 developed the BFT system to support the urgent operational requirements of OEF/OIF. Under this contract, NGMS subcontracted to Comtech for the non-recurring engineering to set up the propriety portions of the BFT satellite network and for procurement of satellite network hardware and bandwidth. These proprietary portions of the network included Hub equipment at 4 locations worldwide. CMDC’s satellite hubs have a proven history of successfully supporting JBC-P System’s satellite transceivers for the past eleven (11) years.

9. Additional Information to support the justification. Not applicable.

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Sign:

Date: 20 AUGUST 2013

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the government for this contract action will be fair and reasonable based on price analysis. Per FAR 15.403-4(a)(1), the threshold for obtaining cost or pricing data is $700,000; therefore, certified cost or pricing data will not be required.

12. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE:

DATE:

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