CAO-19-0659_Ada_Core_Software_for_GNAT_Redacted.pdf

Control No:

Contractor: AdaCore Technologies, Inc.

Program/Equipment: GNAT Pro Software, Licenses & Maintenance

Version –March 2017 FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: The purchase and delivery of GNAT Pro Software and licenses, including software maintenance for United States (US) Army Combat Capabilities Development Command Armament Center.

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

Amount:

Prepared by: e D Contract Specialist Date: 9 Aug 19 E

Contracting Officer: k D Contracting Officer Date: 9 Aug 19 Em

Technical: in D st Date: 12 Aug 19 Em

Requirements: D

Em Date: 12 Aug 2019

Reviews: I have reviewed this justification and find it adequate to support sole source.

Program Manager:

Typed Name:

DSN:

Signature:

Date: 12 August 2019

Division Chief:

Typed Name:

DSN:

Signature:

Date: 13 August 2019

Program/Equipment: GNAT Pro Software, Legal Counsel:

Typed Name:

DSN:

Signature:

Date: 19 August 2019

Associate Director:

Typed Name:

DSN:

Signature Date: 21 August 2019

Program/Equipment: GNAT Pro Software, FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole

Source Justification and Approval

1. Contracting Activity: US Army Contracting Command – New Jersey

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 Firm-Fixed-Price contract with AdaCore Technologies, Inc.

(AdaCore) 150 W. 30th Street, 16th Floor New York, NY 10001-4091. The Government projects award in fiscal year 2019, 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-18-C-0046. That contract was not competed under the authority of 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) Part 6.302-1 Only One Responsible Source and No Other Supplies of Services Will Satisfy Agency Requirements. Paragraph, “Actions to Increase Competition” of the previous justification, stated: Market Research would 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-19-X-06OM to Federal Business Opportunities (FBO) Webpage on 17 June of 2019, 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:

FCDD-ACW-FT and 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 purchase of AdaCore’s “GNAT Pro” software licenses and maintenance.

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.

Program/Equipment: GNAT Pro Software, Purchase of the following commercial AdaCore software and subscriptions include the following for the base and option periods:

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.

Total Estimated Value for the Base Year:

Base Period: 30 March 2019 to 29 March 2020 Value:

Option Period 1: 30 March 2020 to 29 March 2021 Value:

Option Period 2: 30 March 2021 to 29 March 2022 Value:

Option Period 3: 30 March 2022 to 29 March 2023 Value:

Option Period 4: 30 March 2023 to 29 March 2024 Value:

FAR Clause 52.217-8 option for the period of Value:

30 March 2024 to 30 September 2024 Total:

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. They have provided a letter certifying that only AdaCore can provide GNAT Pro and GNAT Pro Tools such as CodePeer and Spark Pro, they are the sole provider of GNAT Pro and GNAT Pro tools and support maintenance, and that they are the only source that can provide upgrades to the GNAT Pro Subscription. AdaCore and New York University are the authors of this compiler for AdaCore.

The development environment made by AdaCore is the only development environment that can be

, utilizing the same development environment causes the least amount of risk the project would incur when integrating the code into the various projects.

Program/Equipment: GNAT Pro Software, Other software brand alternatives, such as , 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 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,

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201. A pre-solicitation notice W15QKN-19-R-0128 was posted to FBO on 1 August 2019.

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 sources sought notice W15QKN-19-X-06OM was posted to FBO on 17 June 2019.

Only one response was received from ; while the software license part numbers quoted were found technically acceptable, they later confirmed that they were not an authorized reseller from AdaCore, and would not be able to provide the requested maintenance and support. No other responses were received to that notice. In addition to the Sources Sought Notice, the, the CCDC AC Computer Scientist, searched the internet to identify other brand name software applications, and identified

, 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. Also, pre-solicitation notice was posted to FBO, which

Program/Equipment: GNAT Pro Software, resulted in one response from as described below in paragraph nine.

The quote did not meet the Government’s requirements.

9. Interested Sources:

In response to the pre-solicitation notice posted to FBO, Sterling Computers responded with a quote. The Requiring Activity reviewed the quote on and found that the quote not meet the requirements of the solicitation.

10. Other Facts:

a. Procurement History:

(1) Contract number: W15QKN-18-C-0046, awarded Contractor: Ada Core Technologies Award Date: 29 March 2018

(2) Competitive Status: Other than Full and Open Competition

(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.

(1) Contract number: W15QKN-12-A-0101, Order No. 0006, awarded Contractor:

Ada Core Technologies Award Date: 5 April 2017

(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) 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.

(1) Contract number: W15QKN-12-A-0101, Order No. 0005, awarded Contractor:

Ada Core Technologies Award Date: 2 March 2017

(2) Competitive Status: Sole Source Call Order

Program/Equipment: GNAT Pro Software,

(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) 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.

Program/Equipment: GNAT Pro Software,

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: 12 August 2019

Title: 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: 12 August 2019

Title: Signature:

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. This determination will be based on price analysis, to include a review of pricing from previous same/similar procurements, and, comparison to the independent Government estimate.

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Typed Name: Date: 9 August 2019

Title: Contracting Officer Signature:

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

Typed Name: Date: 9 August 2019

Title: Contracting Officer Signature:

Program/Equipment: GNAT Pro Software, Approval Based on the foregoing justification, I hereby approve the procurement of GNAT Pro Software, Licenses and Maintenance for the total value of 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.

22 August 2019

BETH-ANN MENDELL

Advocate for Competition Army Contracting Command-New Jersey