Final_FAR-Part6-JA-GNAT_Pro_Ada_Redacted.pdf

Control No:

Contractor: Adacore Technologies, Inc.

Program/Equipment: GNAT Pro Ada Software

Version – February 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Program/Equipment: The purchase and delivery of GNAT Pro Ada Software and licenses, including software maintenance for U.S. Army Armament Research, Development and Engineering Center (ARDEC)

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount:

Prepared by: e Contract Specialist Date: 5 Mar 18

Contracting Officer: Elizabeth A. Horak DSN: 880-5369 Contracting Officer Date: 15 Mar 18 Email: elizabeth.a.horak2.civ@mail.mil

Technical: in st Date: 6 Mar 2018 il

Requirements: in st Date: 6 Mar 2018 il

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager:

Typed Name:

DSN:

Signature: //signed//

Legal Counsel:

Typed Name:

DSN:

Signature: //signed//

Control No

Program/Equipment: GNAT Pro Ada Software

Version – February 2017 FOR OFFICIAL USE ONLY

FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command – New Jersey, 10 Phipps Road, Picatinny Arsenal, New Jersey 07806-5000

2. Description of Action: U.S. Army Armament Research Development, and Engineering Center (ARDEC), Weapons and Software Engineering Center (WSEC) requests a firm-fixed price contract with AdaCore Technologies, Inc. (AdaCore) 150 W.

30th Street, 16th Floor New York, NY 10001-4091. The Government projects award for March 2018 and fiscal year 2017, Research Development, Test and Evaluation (RDT&E) 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).

3. Description of Supplies/Services: This software is used by the Firing Tables and Ballistics Division (RDAR-WSF-T) of the Fire Control Systems and Technology Directorate (FCSTD) of the Weapons and Software Engineering Center (WSEC), located at Armament Research Development and Engineering Center (ARDEC), Aberdeen Proving Ground (APG), MD. This software is used in the development of ballistic software. This requirement will renew the software licenses and will include annual support, patches, bug fixes, and updates as required to keep the software working properly and efficiently.

Base Period: 30 March 2018 to 29 March 2019 Value:

Option Period 1: 30 March 2019 to 29 March 2020 Value:

Option Period 2: 30 March 2020 to 29 March 2021 Value:

FAR Clause 52.217-8 29 March 2021 to 29 September 2021 Value:

Total:

4. Authority Cited:

10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) and 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements, and brand name descriptions.

5. Reason for Authority Cited:

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. AdaCore

Program/Equipment: GNAT Pro Ada Software

Version – February 2017 FOR OFFICIAL USE ONLY is the sole source provider of this 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 Ada. Other version of GNAT software are provided as a part of different software applications, to include Linux and BSD distributions. These other versions do not provide for any support or maintenance which is a part of the Government requirement. Currently the Government does not possess the capability to update the code for this software to meet this requirement.

a. As described in FAR 6.302-1(a)(2), when supplies or services required by the agency are available only from one responsible source, or for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible source, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. AdaCore is the only company that can provide the request GNAT Pro software, support, and maintenance, the software requested is proprietary to AdaCore.

Therefore, in accordance with the authority cited above for software, support and maintenance will be solicited on a sole source basis to Adacore Technologies, Inc., 150 West 30th Street 16th Floor, New York, NY 10001-4091 based on FAR 6.302-1(a)(2) only one responsible source can provide the requested services.

b. Alternatives to using GNAT Pro were looked at, there are other versions of compilers for Ada, but they would not have the support and maintenance required by the Government. Currently the Government does not possess the capability to provide their own support for either this version or a different version of the GNAT software. There would be substantial cost associated with utilizing a different compiler for Ada.

These costs are broken down as follows:

Reworking Requirements:

Redesigning System Architecture:

Recoding/Training Developers:

Training of Software Engineers:

Total Duplication Costs

c. Awarding this contract to AdaCore provides the most cost effective and least amount of risk. Not awarding to AdaCore could result in unintended issues or failure to properly integrate the reuse code. This would cause significant cost and time to correct.

Utilizing any other development environment would require complete redevelopment of the code,

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered

a. Effective Competition: Because this is a sole source action, effective competition is not applicable.

Program/Equipment: GNAT Pro Ada Software

Version – February 2017 FOR OFFICIAL USE ONLY

b. Subcontracting Competition: There are currently no subcontracting opportunities for this effort, AdaCore is the only company that can provide the software licenses and support requested. Market research for this will be refreshed on an annual basis to determine if this changes.

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: The customer has performed market research through the internet and industrial inquiries in February 2017. The Market Research was completed by Margaret Klein, who contacted knowledgeable people in both the Government and Industry, and utilized Internet tools and performed web searches to identify potential sources for this requirement. Two companies, were found as potential sources based off the previous effort, but neither of these companies responded to the source sought notice for this effort. To switch to another’s software product is cost prohibited as described above.

A sources sought notice was issued to comply with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a sources sought notice, W15QKN-18-X-01CK, was posted to Federal Business Opportunities on 29 January 2018 for fifteen (15) days and the results were:

Two companies responded, , but they do not have the ability to maintain the software currently in use as it is proprietary to Ada core. submitted documentation that stated they could provide the requested software, but did not comment as to if they were able to provide the requested support and maintenance.

submitted documentation stating they could provide the support and maintenance, but were not able to provide the requested software. To switch to another’s software product is cost prohibited as described above. Ada Core Technologies is the sole source provider of this software and they have the proprietary rights for the software and they are the sole distributor. Awarding this con-tract to Ada Core provides the most cost effective and least amount of risk. Not awarding to Ada Core could result in unintended issues or failure to properly integrate the reuse code.

Computer Hardware, Enterprise Software and Solutions (CHESS) was determined to not be capable of providing the requested software, a statement of non-availability, , was issued 14 December 2017 stating that this software was not available on CHESS. An ITAS waiver, , was issued and approved on 11 January 2018.

9. Interested Sources: Preliminary technical information submitted by and in response to the Source Sought Notice, W15QKN-18-X- 01CK, submitted on FebBizOpps which request software, license for the software, and then support and maintenance. The companies that responded to this have had their submissions reviewed by the requiring activity who have advised that neither nor were able to meet the requirement. only provided a quote for the software, it did not provide any information concerning the

Program/Equipment: GNAT Pro Ada Software

Version – February 2017 FOR OFFICIAL USE ONLY requested software maintenance. only provided the information concerning the maintenance and support requested, they did not provide any information concerning the requested software itself.

10. Other Facts:

a. Procurement History:

Description of Requirement: GNAT Pro Ada software and licenses.

1. Contract number: W15QKN-12-A-0101, Order No. 0006, awarded Contractor: Ada Core Technologies

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 Justification does not have any information concerning actions to increase competition.

5. This was a sole source BPA Call Order

6. N/A

7. The previous justification for sole source stated that to change to a different software would incur increased costs.

Period of Performance: 30 March 2017 – 29 March 2018 Total Awarded Amount:

Description of Requirement: GNAT Pro ARM Suite

1. Contract number: W15QKN-12-A-0101, Order No. 0005, awarded Contractor: Ada Core Technologies

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 Justification does not have any information concerning actions to increase competition.

5. This was a sole source BPA Call Order

6. N/A

7. The previous justification for sole source stated that to change to a different software would incur increased costs.

Period of Performance: 09 November 2016 – 8 November 2017 Total Awarded Amount:

Description of Requirement: GNAT Pro Ada Suite

1. Contract number: W15QKN-12-A-0101, Order No. 0004, awarded Contractor: Ada Core Technologies

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 Justification does not have any information concerning actions to increase competition.

5. This was a sole source BPA Call Order

Program/Equipment: GNAT Pro Ada Software

Version – February 2017 FOR OFFICIAL USE ONLY

6. N/A

7. The previous justification for sole source stated that to change to a different software would incur increased costs.

Period of Performance: 23 July 2016 – 22 July 2017

1. Contract number: W15QKN-12-A-0101, Order No. 0003, awarded Contractor: Ada Core Technologies

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 Justification does not have any information concerning actions to increase competition.

5. This was a sole source BPA Call Order

6. N/A

7. The previous justification for sole source stated Effective competition is not expected because Ada Core Technologies currently has proprietary rights to the GNAT Pro Ada software.

Period of Performance: 24 August 2016 – 29 March 2017

1. Contract number: W15QKN-12-A-0101, Order No. 0002, awarded Contractor: Ada Core Technologies

2. Competitive Status: Sole Source Call Order

3. FAR 6.302-1(a)(2)(ii) only one responsible source and no other supplies or services will satisfy agency needs

4. The previous Limited Source Justification does not have any information concerning actions to increase competition.

5. This was a sole source BPA Call Order

6. N/A

7. The previous justification for sole source stated that to change to a different software would incur increased costs.

Period of Performance: 23 April 2015 – 22 April 2016

1. Contract number: W15QKN-12-A-0101, Order No. 0001, awarded Contractor: Ada Core Technologies

2. Competitive Status: Sole Source Call Order

3. FAR 6.302-1(a)(2)(ii)(A) supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment including major components thereof, when it is likely that award to any other source would result in

Program/Equipment: GNAT Pro Ada Software

Version – February 2017 FOR OFFICIAL USE ONLY substantial duplication of cost to the Government that is not expected to be recovered through competition

4. The previous Limited Source Justification does not have any information concerning actions to increase competition.

5. This was a sole source BPA Call Order

6. N/A

7. The previous justification for sole source stated that to change to a different software would incur increased costs.

Period of Performance: 26 April 2014 – 25 April 2015

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: 14 March 2018 T st Signature: //signed//

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: 14 Mar 2018 Title: Signature: //signed//

Program/Equipment: GNAT Pro Ada Software

Version – February 2017 FOR OFFICIAL USE ONLY

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. The pricing will be compared to the Independent Government Cost Estimate (IGCE) IAW FAR 15.404(b)(2)(v) and historical prices paid IAW FAR 15.404(2)(b)(ii). As part of this basis, IAW with FAR 15.403(b)(3) the software was determined to be commercial in nature, and will not exceed $750k.

This determination will be made using the following: ☐ cost analysis ☒ price Analysis ☐ should cost ☒ IGCE ☐ audit: ☒ other:

Comparison of proposed price to historical prices paid for the same or similar items

As a part of this basis, certified cost or pricing data:

☐ will be required.

☒ will not be required and the following exception applies (FAR 15.403):

☐Prices that will be agreed upon are based on adequate price competition.

☐Prices that will be agreed upon are based on prices set by law or regulation.

☒A commercial item is being acquired.

☐A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

☐The contract action is a modification to a contract or subcontract for commercial item(s).

☒The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: Elizabeth A. Horak Date: 15 Mar 2018 Title: Contracting Officer Signature: //s//Elizabeth A. Horak//s//

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Elizabeth A. Horak Date: 15 Mar 2018 Title: Contracting Officer Signature: //s//Elizabeth A. Horak//s//

Program/Equipment: GNAT Pro Ada Software

Version – February 2017 FOR OFFICIAL USE ONLY

Approval Based on the foregoing justification, I hereby approve the procurement of GNAT Pro Ada Software on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1) as implemented by FAR Part 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, subject to availability of funds, and provided that the services or property herein described have otherwise been authorized for acquisition.

Elizabeth A. Horak Date: 15 Mar 2018 Contracting Officer Signature: //s//Elizabeth A. Horak//s//