A03_JA_MontaVista_PLAD_17544_Signed_Redacted.pdf

FOR OFFICIAL USE ONLY

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: Long Range Advance Scout Surveillance System (LRAS3) / MontaVista Linux (MVL) 6 Long Term Maintenance Professional Development Kit (SDK), Node Locked and MontaVista Linux (MVL) 6 Base Long Term Maintenance

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901(a)(1) as implemented by FAR Subpart 13.501

Amount:

Prepared by:

DSN:

Centralized Acquisition and License Management (CALM) Team

Date:

Contracting Officer:

Contract Officer

Date:8/24/2016

Technical:

SEC IEWS-D Contracts/License Manager Email:

DSN:

Date: 7/07/2016

Requirements:

Chief (A), Contracts Division

Date: 7/28/2016

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

Typed Name:

Chief, Sensors & Mission Equipment

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: Army Contracting Command

Aberdeen Proving Ground Bldg 6001 Combat Drive Aberdeen Proving Ground, Maryland 21005

2. Description of Action: The Long Range Advanced Scout Surveillance System (LRAS3) under the Software Engineering Center (SEC) requests a Firm-Fixed-Price (FFP) contract for MontaVista Linux software from MontaVista, 2315 North 1st Street, San Jose, California 95131. The NAIC Code for this procurement is 541519 Other Computer Related Services. This procurement will consist of a base year plus three (3) options. Fiscal Year (FY) 2016 Operation and Maintenance, Army (OMA) funds will be used for the base period, and OMA funds appropriated to the fiscal year will be used for the option years. The options will purchase the continuation of the software support purchased during the base period. The Government projects award for August 2016. 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: The MontaVista Linux software is used in support of the Terrestrial Sensors Branch LRAS3 Post Production Software Support (PPSS) project. The PPSS effort for the LRAS3 ensures that the system continues to

This effort supports Product Manager Ground Sensors.

MontaVista Linux Professional is the

The Platform

Development Kit is used develop, maintain, and compile the MontaVista Linux platform.

MontaVista Linux is part of the mission code that runs in the fielded LRAS3 sensor units, and is critical to the operation of the LRAS3.

Description Quantity

MontaVista Linux (MVL) 6 Long Term Maintenance Professional Development Kit (SDK), Node Locked

MontaVista Linux (MVL) 6 Base Long Term Maintenance

The base performance period for this requirement is 30 Sep 2016 through 29 Sep 2017.

The performance period for Option 1 through Option 3 will run in yearly increments from base performance period. The yearly cost for the base and options is .

The total estimated value of the contract is

Base Year 30 Sep 2016 - 29 Sep 2017

Option Year 1 30 Sep 2017 - 29 Sep 2018

Option Year 2 30 Sep 2018 - 29 Sep 2019

Option Year 3 30 Sep 2019 - 29 Sep 2020

Total:

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C.

1901(a)(1) as implemented by FAR Subpart 13.501 --Exclusive licensing agreements

5. Reason for Authority Cited: MontaVista is the developer of the MontaVista Linux software. MontaVista provided a statement that Phoenics Electronics, 31 Nagog Park, Suite 106, Acton, MA 01720-3424, is the sole distributor for the MontaVista Linux software. This sole source acquisition is essential to LRAS3 requirements, thereby precluding consideration of a product manufactured by another company. The SEC requires the purchase of the MontaVista software in order to meet its PPSS obligation efforts for the LRAS3 program. If this maintenance is not purchased, SEC will not be able to maintain the source code for the DaVinci processor, and will be unable to correct system errors or implement new system requirements. This will result in SEC being unable to complete its PPSS mission for the LRAS3. No other products are known to provide the same functionality.

The cost to re-engineer LRAS3 is estimated at and

Cost breakdown as follows:

- Engineering:

- Configuration management:

- Test:

- Security:

- Organization Support:

- Fielding:

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

a. Effective Competition: Members of the Software Engineering Center Centralized

Acquisition and License Management (CALM) Team conducted market research -details of which are outlined in paragraph 8.

b. Subcontracting Competition: Although there are no FAR subcontracting provisions that require competition among potential subcontractors for commercial contracts, Control No: JA-E-16-580

Contractor: Phoenics Electronics the Government will seek to maximize subcontracting competition with a focus on subcontracting to small and small disadvantaged businesses.

7. Actions to Increase Competition: Commercial software manufacturers are encouraged to increase the number of authorized resellers. Additionally, upon receipt of the requirement an authorized list of authorized distributors for this software is immediately requested from the original manufacturer. The manufacturer is also encouraged to pursue distribution of their products/services through Small businesses, HUBZONE, Service Disabled Veteran Owned, and Woman Owned Small businesses.

Market research will be conducted annually on the current baseline to determine if changes occur in the market place that would enable greater competition.

8. Market Research: Market research was performed by the technical experts from the SEC CALM team during the months of March and June 2016. Searches were performed on the Army Computer Hardware Enterprise Software Solutions (CHESS), National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement (SEWP), and General Services Administration (GSA) Advantage, as well as a query was sent to the manufacturer for a list of resellers. MontaVista, the manufacturer of the Montavista Linux software, responded that Phoenics Electronics was the sole distributor of its software. A CHESS Statement of Non-Availability (SoNA) Number 216709687 was obtained for this requirement.

Contractor Name Cage Code Business Category

Phoenics Electronics 52PP4 Other than Small Business

9. Interested Sources: To date, no other sources have written to express interest in the acquisition beyond the vendor listed in paragraph 8.

10. Other Facts:

a. Procurement History:

Vendor Contract Awarded Extent Competed

Phoenics

Electronics

W56JSR-16-P-

June 2016 Sole Source

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.

Title: SEC IEWS-D Contracts/License Manager DSN:

Signature Date 07/07/2016

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:

Title: Chief (A), SEC Contracts Division

Signature

Date 7/28/2016

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 made using the following: X price analysis cost analysis X IGCE audit: other:

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.

Title: Contracting Officer DSN:

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

Approval

Based on the foregoing justification, I hereby approve the award of a Firm-Fixed-Priced contract for the sole source purchase of MontaVista Linux Professional on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901(a)(1) as implemented by FAR Subpart 13.501, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition. If the proposed contract action is not completed within 180 days from the below date, this Justification and Approval shall be returned to the Contracting Officer for revalidation. Additionally, if any changes to the requirements, basis for the justification, market conditions, or increases in the estimated value of the proposed action occur at any time, the Contracting Officer shall document these changes in a memorandum and obtain review/concurrence from the Competition Advocate.