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JUSTIFICATION REVIEW DOCUMENT

FAR Part 13 Justification and Approval

Simplified Procedures for Certain Commercial Items Justification for Other Than Full and Open Competition Under FAR 13.501(a), Subpart 13.5

Program/Equipment: Tobyhanna Army Depot (TYAD), Directorate of Engineering and Cyber, Cyber Portfolio Services Branch (D/E&C/CB), requires engineering support services for the Enhanced Monitoring System (EMS) to assist with system upgrades and the development of new capabilities.

Authority: Title 41 United States Code (U.S.C.) §1901(e)(2) as implemented in Federal Acquisition Regulation (FAR) 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

Amount:

Prepared by:

Contracting Officer: Brian J. Souter Phone: (570) 615-7517 brian.j.souter.civ@army.mil Date: JAN 2026

Technical:

Requirements:

Controlled by: ACC-APG Controlled by: ACC-APG, Tobyhanna Division CUI Category: PROCURE Distribution Statement: E POC: Brian Souter, (570) 615-7517

Control Number: JA-26-Toby-0135

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

Legal Counsel:

Signature:

Contracting Officer:

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adequate software rights with the delivery of the original core EMS software source code. The current version of the EMS characterization software is a required critical component of the current EMS, which was developed and owned by BESL, making them the only contractor capable of developing the software needed to meet the needs of future UHF spectrum monitoring requirements. BESL has unique and specialized knowledge of how EMS and the highly modified unique version of the characterization software work together. Without this code knowledge and documentation, a different contractor would be unable to understand the complex interdependencies between the EMS core software models and how they affect other aspects of the system. It is imperative that this service continues in sustainment as it will allow the Government to procure missing documentation as well as utilizing BESL’s experience and insights for a sustainment baseline going forward.

b. Alternatives:

1.) Use of in-house resources to support the requirement. TYAD does not possess the required knowledge or software necessary to adequately support the development of upgrades and new capabilities for EMS. While TYAD can attempt to hire personnel with the correct knowledge and skillset, it would not be able to procure that combination along with the source code for the EMS software in a time frame that would allow it to support the Warfighter.

2.) Conduct a competitive acquisition. Due to the unique knowledge, experience, and software code possessed by BESL, and based off the lack of responses from industry in response to a sources sought notice posted at SAM.gov, it’s not anticipated that another company would have the interest, capability, knowledge, and skillset to meet the Government’s requirement.

c. Impact if not approved: If this justification is not approved, there would be a significant duplication of costs to the Government, estimated at $2 million, and minimum delay of 18 months. The loss of expertise due to the absence of highly trained EMS personnel will directly impact Warfighters who benefit from EMS’s use as a critical tool for UHF electromagnetic interference detection and alerting. The system is used by ~1300 users across all Department of War (DoW) agencies, combatant commands, and military branches to aid in RF operation planning. Anomalies like system outages and lapses in service would greatly affect operational planning as well as undermine the RF monitoring capabilities of the military forces and DoW agencies. Additionally, EMS has an aggressive timeline of system updates, new feature development, capability expansion, and system resiliency measures. These requirements all rely on experienced personnel to develop these new products and ensure they seamlessly integrate with the current EMS.

7. Efforts to Obtain Competition: The contracting officer published the notices required by FAR 5.201 and any responses received were considered. A sources sought notice was posted at SAM.gov on 18 September 2025, seeking sources and feedback from industry. BESL was the only company to respond.

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a. Effective competition: Competition for this action is not anticipated, as no other source has shown the interest and or capability to provide the required services and support.

b. Subcontracting competition: It’s not anticipated there will be any subcontracting opportunities, as all personnel will be BESL employees.

8. Actions to Increase Competition: While the lifecycle of this EMS core software code may not last beyond this contract’s PoP, the Government will ensure that any future acquisitions of EMS include the procurement of the software and technical data rights necessary to adequately support the system. This will preclude the Government from being reliant on a single firm and increase competition for future requirements and potentially allow them to perform these support services in-house in the future.

To ensure fair and open competition to the maximum extent practicable, the Government will continuously conduct market research to identify other possible sources capable of providing these highly specialized support services.

9. Market Research: Market research was conducted from August 2025 through December 2025 to identify all interested and qualified sources relating to this requirement and to assist in a commerciality determination. The market research techniques that were used include reviewing Procurement.army.mil Market Research and Planning Page; engaged knowledgeable people (Government and industry), including interviewing functional experts within the field; identified and engaged known sources of services; queried Government databases (i.e. SAM, FPDS-NG); and sought feedback via formal request for information/sources sought notice. While this research yielded several possible companies, none have the capability or expertise to meet the Government’s requirements.

Based on market research, the services satisfy the definition of a commercial service at FAR 2.101, and the procedures of FAR Part 12 and Subpart 13.5 are appropriate for this acquisition.

10. Interested Sources: BESL is the only company that provided a response to the Government’s sources sought notice and notice of intent to sole source, and otherwise is the only company to have expressed interest in the acquisition. To date, no other sources have responded to Government notices or otherwise written to express interest.

11.Other Facts:

a. Procurement history. Although there is no procurement history for this exact requirement, these services are currently being performed by BESL, performing as a subcontractor to General Dynamics under ACC-APG Responsive Strategic Sourcing for Services task orders W56JSR-21-F-0043 and W56JSR-25-F-0002.

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The current contractual relationship by which these services are being provided to TYAD is not advantageous to the Government, as the services are being provided under a blanket contract to provide engineering services which are not specifically tailored to the needs of the EMS program. This new contract would allow TYAD direct interaction and oversight of the contract, and would address inadequacies such as the inability to request activity reports, which are essential for performance monitoring; the contract is not specific to EMS, giving the TYAD little control as it comes to prioritizing tasks; transitioning to a FFP will allow TYAD to budget more efficiently and will ensure all services are provided at a fixed cost. Additionally, contracting directly with the service provider is anticipated to streamline the process for both parties and remove pass through charges and other markups.

b. Other facts. N/A