REDACTED_JandA_over_ 150K.pdf

Version – November 2015

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply/Service: Software Support for current Unattended Transient Acoustic Measurement and Signature Intelligence (MASINT) Systems (UTAMS)

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.

[REDACTED]

Prepared By:

[REDACTED]

Procuring Contracting Officer:

[REDACTED]

Technical Representative:

[REDACTED]

Requirements Representative:

[REDACTED]

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

[REDACTED]

Department of Army FAR Part 6 Justification and Approval for Other than

Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command – Aberdeen Proving Ground, Adelphi Contracting Division, (ACC-APG-CCAP-SCA), 2800 Powder Mill Road, Adelphi, Maryland 20783

2. Description of Action:

U.S. Army Research Laboratory (ARL), Sensors and Electronic Devices Directorate (SEDD), Acoustic & Electromagnetic (EM) Sensing Branch, requests a cost plus fixed fee (CPFF) completion type contract with ElanTech Inc., located at 9250 Bendix RD, Ste.

1030, Columbia, Maryland, 21045. The Government projects award for one (1) Base year and two (2), one (1) year options and fiscal year 2015-2018 Research and Development Test and Evaluation (RDT&E) funding will be used when appropriate.

__ 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).

_X_ Chief of Contracting Office approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B) on 17 July 2016.

__ The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting (insert approval authority title) approval.

3. Description of Supplies/Services:

This acquisition is for support, maintenance, and development, including updates, modifications, and integration and configuration management, of the UTAMS display software to include interoperation with other systems. UTAMS is a deployable acoustic sensor system, which can locate various threat sources of hostile artillery and Improvised Explosive Devices (IEDs) to the Warfighter and Forward Operating Bases (FOBs). It is essential that the Government procures software support, maintenance, and developmental updates to the display software so that new capabilities can be added, such as the UTAMS Multiple Display and network messaging from the MASINT Acoustic Display Module (MADM). A browser based interface/functionality will be developed to simplify the requirements of certification and platform portability. [REDACTED] This includes the integrated display of signals from infrasonic sensors known as the MADM.

The anticipated Period of Performance (POP) for software support, maintenance, and development for this contract is three (3) years After Contract Award (ACA), including one (1) base year and two (2) one (1) year option periods.

4. Authority Cited:

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

5. Reason for Authority Cited:

The ARL began contracting for the development of display software in support of UTAMS Quick Reaction Capability (QRC) program which was first deployed in 2004. The entirety of this effort throughout the course of the program has been with ElanTech, Inc.

This software provides a Geographic Information System (GIS) based display for UTAMS. This software includes a signal associator, a localization algorithm, and an error ellipse estimator developed after extensive experience with the UTAMS acoustic sensor suite. No other GIS packages exist that have been developed around acoustic weapons detection, localization and MASINT missions like UTAMS. [REDACTED] ElanTech will develop much of the documentation for this certification and their knowledge of this software is critically needed to complete this effort that submitted to

NETCOM.

ElanTech is the Original Equipment Manufacturer (OEM) of the SAGE software which has completed all of the theater requested support, repairs, and development of the UTAMS application. [REDACTED] ElanTech Inc. is the sole developer for the software used in the UTAMS since initiation of the program. Their proprietary knowledge of the system display software product is critically important to the success of future support and development. Their knowledge of the capabilities of the UTAMS sensor platform is critical to speed of development and in reducing the cost.

Since ElanTech's code is based on their proprietary SAGE architecture, no other vendor can have access to the UTAMS-SAGE code. [REDACTED] Either of these courses of action would result in significant duplications of cost to the Government as well as significant and unacceptable delays to the current program. In addition, any new contractor would suffer delays in performance due to the steep learning curve associated with satisfying the stringent Networthiness requirements required under this effort. A new contractor would also require additional Government oversight, technical direction, and time spent providing training to ensure the all systems and support are fully operational.

Due to the aforementioned, ElanTech is the only source that can complete the support, maintenance, and development due to the proprietary nature of the SAGE software utilized in the UTAMS display application.

6. Efforts to Obtain Competition:

Effective competition is not anticipated for this acquisition based on the proprietary nature of this product to the OEM. However, a formal synopsis was posted to the Governmentwide Point of Entry (GPE) on 22 April 2016 with a response date of 29 April 2016 and served as a notice of intent to sole source to ElanTech. The posting resulted in zero responses of interested parties stating they could satisfy the Government’s requirements. Due to the proprietary nature of the SAGE software, ElanTech is the only source that possesses the inherent technological expertise to execute the required support, maintenance, and development of the product. The complexity of the requirement makes this prohibitive to pursuing an alternative vendor due to the inability to ensure system functionality, continuity, and compatibility with past, current, and future data.

7. Actions to Increase Competition:

To date, no other vendor has been identified that has the ability to support, maintain, and continue to develop this system. Continued oversight over this requirement will allow for requirements developers to stay knowledgeable about the best and most advanced technologies available. Before any future procurement for this requirement is made, an analysis will be made to determine purchasing the data rights to SAGE software or if having another vendor rewrite this software is justified based on the potential cost reduction that would be obtained through competition. If the analysis shows that the potential cost reduction through competition outweighs the cost and time of implementing one (1) of the above courses of actions, one (1) of the above courses of actions may be implemented. The Government will continue to conduct market research to monitor industry for alternatives for future integration in hopes to increase competition by attending conferences, conduct internet searches, and maintain open discussions with industry experts.

8. Market Research:

[REDACTED] carried out continuous Market Research since September 2015. Market Research was conducted by reviewing past contracts and through Internet searches.

[REDACTED] This review is used to survey the marketplace to determine if any other vendors can provide capabilities that would meet our requirements. [REDACTED] To date, these reviews have not returned any vendors with the potential to provide a similar display capability as ElanTech. [REDACTED]

Market research determined the support to the UTAMS system is not applicable for full and open competition because of the proprietary relationship that ElanTech has with the software rights integrated into the UTAMS system. Therefore pursuing alternative software product implementation for the display application could result in mission vulnerability and incompatibility, and this is a risk that cannot be assumed given the reliance on this technology for Warfighter protection in theater.

9. Interested Sources:

A Synopsis was posted to the GPE on 22 April 2016 with a closing date of 29 April 2016.

To date, no response has been received and no other sources have written to express interest. The notices required by FAR 5.201 shall be published and all bids or proposals shall be considered.

10. Other Facts:

a. Procurement history.

(1) W911QX-12-C-0160 awarded 27 September 2012 to ElanTech.

W911QX-12-C-0160 awarded under other than full and open competition under the authority 10 U.S.C. 2304 (c)(6) as implemented by FAR 6.302-6, “The disclosure of the executive agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals;”

(2) W911QX-09-P-0443 awarded 24 June 2009 W911QX-09-P-0443 awarded under other than full and open competition under the authority U.S.C. 251 and 40 U.S.C. 501,as implemented by FAR 8.405-6 (b) (1), “Only one source is capable of responding due to the unique or specialized nature of the work”.

(3) W911QX-07-F-0247 awarded 29 September 2007 to ElanTech.

W911QX-07-F-0247 awarded under other than full and open competition under the authority, 41 U.S.C. 251 and 40 U.S.C. 501,as implemented by FAR 8.405-6

(b) (1), “Only one source is capable of responding due to the unique or specialized nature of the work”.

(4) W911QX-05-F-0128 awarded 14 April 2005 to ElanTech.

W911QX-05-F-0128 awarded under other than full and open competition under the authority, 41 U.S.C. 251 and 40 U.S.C. 501,as implemented by FAR 8.405-6

(b) (1), “Only one source is capable of responding due to the unique or specialized nature of the work”.

(5) W911QX-04-F-0186 awarded 23 June 2004 to ElanTech.

W911QX-04-F-0186 awarded under other than full and open competition under the authority, 41 U.S.C. 251 and 40 U.S.C. 501,as implemented by FAR 8.405-6

(b) (1), “Only one source is capable of responding due to the unique or specialized nature of the work”.

b. Other Facts.

(1) Previous acquisition authority:

The preceding action was awarded on a sole source basis due to the requirement for a product that was proprietary to the OEM, ElanTech. The authority of 6.302-6, “The disclosure of the executive agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals;” was used for the preceding action. [REDACTED] The preceding action was awarded under sole source basis as a result of unusual and compelling urgency and a requirement that only ElanTech, the software OEM, could satisfy.

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.

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.

[REDACTED]

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_ Cost analysis __ Price analysis __ Should cost

_X_ IGCE

__ Audit:

__ Other:

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

_X_ 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.

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 procurement of Software Support for current Unattended Transient Acoustic Measurement and Signature Intelligence (MASINT) Systems (UTAMS) on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(1), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

(End of J&A)