A03_-_SSJ__DataPath__Maxview__PLAD__17384_CONOPS_-_clean_25_August_2016_Redacted.pdf

Control No: JA-E-16-586 Contractor: DataPath, Inc.

Program/Equipment: PM-WIN-T / Maxview Enterprise software

JUSTIFICATION REVIEW DOCUMENT

FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS – SOLE SOURCE JUSTIFICATION AND APPROVAL

Program/Equipment: US Army Warfighter Information Network Tactical Increment 1 (WIN-T INC 1) Program/ MaxView Annual Enterprise Maintenance Software Support

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901(a)(2) as implemented by FAR Subpart 13.501(a)(2) and FAR 6.302-1

Amount:

Prepared by: DSN:

Centralized Acquisition and License

Management (CALM) Team Email:

Date: 2/19/2016

Contracting Officer: DSN:

Supervisory Contract Specialist

Email:

Date: 8/8/2016

Technical: DSN:

Requirements Planning Officer

Email:

Date: 7/28/2016

Requirements:

Chief (A), Contracts Division Email:

DSN:

Date:

Reviews:

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

Program Manager:

Name: DSN:

Title: Chief, Satellite & Systems Management Division

Legal Counsel:

Name:

Title: Attorney

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

1. Contracting Activity: Army Contracting Command

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

2. Description of Action: The Software Engineering Center (SEC) in support of the Project Manager, Warfighter Information Network-Tactical (PM WIN-T) Program requests a Firm-Fixed-Price (FFP) contract with DataPath, Incorporated (herein referred to as DataPath), Cage Code1BPK0, headquartered at 2205 Northmont Parkway, Duluth, Georgia 30096. The Government projects an award for August 2016, and Fiscal Year (FY) 2016 Operation and Maintenance, Army (OMA) funds will be used and are available. This procurement will consist of a base year plus two (2) option years. The contract options will purchase the continuation of the software support purchased during the base in yearly increments. The North American Industrial Classification Systems (NAICS) Code is 511210, Computer Software Publishers. 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: PM WIN-T has a requirement to purchase DataPath MaxView Annual Enterprise software licenses and initial maintenance, as well as software maintenance renewals for existing licenses. This action will support the already fielded software baselines to Army units fielded with WIN-T systems. WIN-T provides the communications networks and services that allow the Warfighter to execute the Army Mission. Information is the key element of Combat power that allows Commanders to maximize the effects of maneuver, firepower, and protection. WIN-T is the transformational Command and Controls system that manages tactical information transport in theater through Company Echelons in support of full spectrum operations. WIN-T continually investigates existing technologies to determine its usage and ability to improve the systems and services fielded to the Warfighter; thereby allowing for better execution of the Army Mission.

WIN-T requires a total quantity of four (4) DataPath MaxView Annual Silver software maintenance licenses agreements, the Regional Hub requires a quantity of six (6) and the Ka-Band Satellite Transmit and Receive Systems' (Ka-STARS) require a quantity of four (4).

DataPath Inc.’s MaxView provides a single, consistent interface to manage all equipment, elements and service applications within the WIN-T Inc. 1 across all locations. By providing a centralized view and control of the entire network

MaxView allows the Warfighters to improve operational efficiency and incident response time. The MaxView Enterprise latest release of software offers major next-generation enhancement to the Warfighters experience and analytics. It employs a high-performance, mobile responsive web platform, so the warfighters can securely manage the networks from virtually any web-enabled device.

The DataPath MaxView Software Maintenance and Technical Support Renewal guarantee the system’s mission critical functional update and software maintenance. The functional upgrades which are necessary for maintaining security posture and security certification of the system, without which would leave the system vulnerable to clandestine computer attacks and possible compromise of sensitive information. The functional updates also improve the system performance and increase the system stability.

The Ka-Band Satellite Earth Terminal program originated under the Program Manager Defense Communications and Army Transmission Systems (PM DCATS) which was to replace existing X-band frequency Earth Terminals with Ka-Band frequency terminals and retrofit them with COTS based Control, Monitor, and Alarm (CMA) subsystem software, Integrated Electronic Technical Manual (IETM), and Automated Test Station Software (ATSS) that were currently employed within some AN/GSC 52-Modernization Program terminals. ITT, Colorado Springs has been the development contractor supporting Post-Deployment Software Support (PDSS) and the Software Engineering Center (SEC) now has resumed the software support under Post- Production Software Support (PPSS).

MaxView is the primary COTS product on which the Ka-STARS CMA system software is developed and run. The CMA monitors the Ka- STARS satellite earth terminal hardware components for equipment status as well as functions as the means to control the hardware and alerts operators for equipment malfunctions.

The period of performance for the base year will start on 01 September 2016 and expire on 31 August 2017 for software licenses and support to be delivered to C3T.

The period of performance for software licenses and support to be delivered to EIS will start on 01 September 2016 and expire on 31 May 2017. A request will be made to the vendor to provide all back patches and updates from 01 June 2015 to 31 August 2016 for software licenses and support to be delivered to EIS.

The total estimate value of the contract with options is .

Contract

Term

Project Product Description Qty. POP Subtotal

Base Year

Regional Hub MaxView Annual Silver Software

Maintenance Support

6 09/01/2016 – 08/31/2017

Win-T Inc. 1 MaxView Annual Silver Software

Maintenance Support

4 06/01/2016 – 05/31/2017

Ka-STARS MaxView Annual Silver Software

Maintenance Support

4 09/01/2016 – 08/31/2017

Option

Year 1

Regional Hub MaxView Annual Silver Software

Maintenance Support

6 09/01/2017 – 08/31/2018

Win-T Inc. 1 MaxView Annual Silver Software

Maintenance Support

4 06/01/2017 – 05/31/2018

Ka-STARS MaxView Annual Silver Software

Maintenance Support

4 09/01/2017 – 08/31/2018

Option

Year 2

Regional Hub MaxView Annual Silver Software

Maintenance Support

6 09/01/2018 – 08/31/2019

Win-T Inc. 1 MaxView Annual Silver Software

Maintenance Support

4 06/01/2018 – 05/31/2019

Ka-STARS MaxView Annual Silver Software

Maintenance Support

4 09/01/2018 – 08/31/2019

Total

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901(a)(2) as implemented by FAR Subpart 13.501(a)(2) and FAR 6.302-1.

5. Reason for Authority Cited:

The proposed sole-source for this requirement is DataPath, Inc., 2205 Northmont Parkway, Duluth, Georgia 30096. DataPath formally operated under Rockwell Collins Satellite Communications Systems, Inc. Market research performed by the SEC- CALM Software Engineering Center-Centralized Acquisition and License Management (SEC- CALM) team checked the Army Computer Hardware Enterprise Software and Solutions (CHESS), the NASA SEWP (National Aeronautics and Space Administration Solutions for Enterprise- Wide Procurement), and the GSA (General Services Administration) for potential sources. Only open market vendor was identified, DataPath. Subsequent communications with DataPath revealed that MaxView software was solely developed, owned, and maintained by Rockwell Collins, now DataPath.

DataPath communicated that while it has resellers/distributors for the MaxView software licenses in other countries due to foreign languages and laws, it is the only source of MaxView licenses within the USA and only provider of MaxView software support.

The MaxView software constitutes approximately

Specifically, there would be no means

. The engineers would not be able to

. All this can result in lthough there are other COTS products that can be configured for , the current effort involves upgrading existing software instead of redoing / redesigning it. The latter would involve an with the end product potentially not meeting specification requirements. Replacing MaxView with another CMA software and buying rights to maintain it would be too expensive and also unacceptably delay needed upgrades.

To date, no other product provides similar capabilities. If another product were identified and selected, it would impact the entire baseline. Any product replacement would result in developmental efforts including re-engineering, production and certification testing efforts.

The detailed cost to re-engineer the baseline systems would be approximately

, and would take between .

Engineering

Configuration Management

Engineering Verification & Validation

Information Assurance

Integration

Independent Verification & Validation

IAVA

DAMI GE Certification

Fielding and Support

Total:

The functionality requirements were determined by the systems’ stakeholders (e.g., Program Manager WIN-T) based on their mission requirements. Those defined requirements were the standards used to verify which product(s) that can best meet them. This resulted in the selection of DataPath MaxView software and support maintenance. In addition, as referenced in the previous paragraph, the cost and time to re-engineer and field new baselines to replace the DataPath MaxView products with other potential products would be cost prohibited and impact meeting the mission requirements in a timely matter.

Taking into consideration the cost of selecting a new software product, redesigning the application to meet the PM WIN-T needs, testing, certifying, integrating and running two software products line until all MaxView hardware specific components and software were replaced and then decommissioning the old equipment, etc., there is very little opportunity to reduce the cost of support maintenance, since this is basically hiring specially trained Information Technology professionals to provide the support maintenance services.

It is not economically feasible to save enough funds to cover the cost of using a different software product line.

And the government will most likely still be in a sole source situation.

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: Each time the requirement is submitted for acquisition, the SEC CALM team surveys the market place to determine if any changes have taken place that would affect competition.

b. Subcontracting Competition: Although there are no FAR subcontracting provisions that require competition among potential subcontractors for commercial contracts, 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 a list of authorized distributors for this software is immediately requested from the original developer /owner of the product line. The developers / owners are 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 have occurred in the market place that would enable greater competition.

Acquisition Data Availability: The Government possesses only a commercial purchase description for the software. Technical data for the licenses is proprietary to DataPath. The commercial purchase description does not provide enough technical information to allow other vendors to create the functionality of this product or to provide support service.

8. Market Research: Market research was performed by the SEC CALM Team from the month of December 2015 through July 2016. Searches were performed on the Army Computer Hardware Enterprise Software Solutions (CHESS), the National Aeronautics and Space Administration (NASA) Solutions for Enterprise Wide Procurement (SEWP), and General Services Administration (GSA) websites.

A query of the manufacturer’s website was conducted in an attempt to identify a list of resellers. In addition, a general web search was also conducted. DataPath, formerly Rockwell Collins, the software manufacturer, provided pricing; in addition to a sole source statement stating there are no available resellers to provide MaxView software and maintenance support. A CHESS Statement of Non- Availability (SoNA) Number 216711458 was received from this requirement on 29 July 2016.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition beyond the vendor listed in paragraph 8. In accordance with FAR 5.201, a sources sought notice will be published on the Federal Business Opportunities Page. Any proposals that are received will be considered.

10. Other Facts:

Procurement History:

Vendor Contract Awarded Extent Competed

Rockwell Collins SAT Com Systems Inc.

W15P7T-13-C-E060 05/28/2015 Other than full and open competition.

Under contract W15P7T-13-C-E060, a Firm-Fixed-Price contract, the maintenance/support MaxView Annual Silver System Maintenance Plan (SMP), MaxView Annual Platinum SMP, and MaxView Annual Enterprise SMP was purchased from Rockwell Collins as sole source provider. The Period of Performance (POP) for the contract was for one (1) base year and three (3) one year options periods.

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.

Requirements Planning Officer DSN:

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.

Chief Contracts Division DSN:

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, based on the availability of commercial pricing and price analysis.

Title: Supervisory Contracting Officer DSN:

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

Title: Supervisory Contracting Officer DSN:

Approval

Based on the foregoing justification, I hereby approve the award of a Firm-Fixed- Priced contract for the brand name purchase of DataPath MaxView Annual Enterprise maintenance in support of the US Army Warfighter Information Network Tactical Increment 1 (WIN-T INC 1) Program. The proposed contract will be awarded on a sole source, other than full and open competition basis, pursuant to the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901(a)(2) as implemented by FAR Subpart 13.501(a)(2) and FAR 6.302-1, subject to availability of funds and provided that the services and property herein described have otherwise been authorized for acquisition.

If the proposed contract action is not completed within 180 days from the date below or if there is a change to the substance of this J&A that does not meet the AFARS 5106.303-1-90 conditions for an amended J&A, the Contracting Officer shall document these changes in a memorandum for file and obtain revalidation from the approval authority below.

Competition Advocate DSN: