A02_-_Redacted_Sole_Source.pdf

Control No: NCD 19-54 Contractor: Mastodon Design LLC

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JUSTIFICATION REVIEW DOCUMENT FOR COMMERCIAL ITEMS

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: The Government requires the procurement of four (4) each Mastsadon Kraken, ruggedized, man-packable Direction-Finding (DF) systems (Part Number MD1001-0001-01).

Authority:

41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: $ 600,000.00

Prepared by: Mark Gerald DSN:

Assistant Program Manager Date: 15 May 2019 Email: mark.g.odonnell.civ@mail.mil

Contracting Officer: Lee.A.Hess DSN:

Contracting Officer Date: 15 May 2019 Email: lee.a.hess.civ@mail.mil

Technical: Mark Gerald DSN:

Assistant Program Manager Date: 15 May 2019 Email: mark.g.odonnell.civ@mail.mil

Requirements: Insert Name DSN:

Insert Title Date:

Email:

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

Program Manager:

X Program Manager

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FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN

FULL AND OPEN COMPETITION

1. Contracting Activity: Army Contracting Command-Aberdeen Proving Ground, Natick Contracting Division, Detrick Branch, ATTN: CCAP-SCN, 110 Thomas Johnson Drive, Frederick, MD 21702-1138

2. Description of Action: PM-CISS requests a firm-fixed-price with Name of Proposed Contractor: Mastodon Design LLC Street Address: 175 Anderson Ave., Suite F112 City, State, Zip: Rochester, NY 1460. The Government projects award for June 2019 and fiscal year 2019, Operations and Maintenance funds will be used.

_X_ An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

__ (Insert approval authority title approved an acquisition plan in accordance with FAR 16.301-3(a)(2) and/or DFARS 207.103(d)(i) on (insert date).

__ The required acquisition plan in accordance with FAR 16.301-3(a)(2) and/or DFARS 207.103(d)(i) is currently awaiting (insert approval authority title) approval.

3. Description of Supplies/Services: The government requires the procurement of four

(4) each Mastsadon Kraken, ruggedized, man-packable Direction-Finding (DF) systems (Part Number MD1001-0001-01).

The estimated value of the proposed action is: $600,000.00

4. Authority Cited:

41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited: Mastodon is the only identified source capable of providing the necessary man-packable, ruggedized DF systems that meet all of the user's requirements and operates against the targeted Signals of Interest (SOI). No other responsible source was found that can meet the user requirements for fielded, man-packable DF systems. LGS Innovations (LGSI), Digital Receiver Technologies (DRT) and a few other vendors make DF systems that meet some user requirements, but Mastodon was found that can to more closely meet the user’s requirements. The users had successfully evaluated the Kraken in an FY2017 user evaluation and identified Initial Operational Capability (IOC) and Full Operational Capability (FOC) quantities.

Mastodon has no other third party relationships with distributors that have access to their technology and there are no resellers. Mastodon electronic exploitation equipment is restricted, government-only, commercial items. The government does not have any data rights to the Mastodon suite of DF systems.

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The government requires sophisticated, specialized Electronic Warfare (EW) equipment to accomplish its mission. As identified in the CVDD Message dated 23 August 2018, the government has a mission critical requirement for electronic warfare equipment that supports DF for Type 5 SOI. The government is expanding its capabilities in EW systems while incorporating these systems in their Tactics, Techniques, and Procedures (TTP) which is constantly evolving as new capabilities as they are developed. Would delay in providing mission critical situation awareness to deployed U.S. Commanders and Forces, that could lead to sustain causalities.

No other vendor can provide this mission critical, specialized EW system and attempting to award a contract to a vendor other than Mastodon would not only cause a significant delay to the fielding to the capabilities (aforementioned) to US forces, but also require a significant investment of time, money and other resources. This delay would place U.S.

Forces at risk if the required equipment was available for deployment and to support on-going and planed operations.

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

Because this is a sole source action, effective competition is not applicable.

7. Actions to Increase Competition: The Subject Matter Experts (SME’s) within this particular government enterprise, are continuously performing market research to identify DF systems, to include man-packable DF systems. Other sources are currently being identified that can partially meet the requirements; however currently no vendors have been identified that can meet the full the mission critical requirements that Mastodon can. No other vendors are capable of providing a system that meets U.S. Forces requirements to include the man-packable form factor for the specific mission sets.

8. Market Research: Market research was conducted across industry between 3rd Quarter 2018 and 1st QTR 2019 by the user’s, the user’s the Capabilities Area Working Group (CAWG), the enterprise Integrated Product Team (IPT) and representatives from the program management office. All continue to perform market surveys to locate and investigate the capability of potential sources for systems that meet the user’s critical requirements. These surveys consists of reviews of technical journals, industry brochures and other technical information and comprehensive searches of the internet for established and emerging sources with the required capabilities. The CAWG and PM CISS participle in quarterly Technical Support Working Groups (TSWG), meetings with Other Governmental Agencies (OGA) and industry partners to leverage information exchange. Market research conducted across industry at information exchanges as well as integrated product teams working groups did not find a company capable of meeting this operational requirement. In addition, representatives from the program management office searched SOCOM Vulcan database and Thomas Register, www.thomasnet.com, databases were checked in between 3rd Quarter 2018 and 1st QTR 2019 with no definitive results found. Mastodon is the only identified source capable of delivering the necessary solution to the user’s requirements.

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9. Interested Sources: See Paragraph 6 for the synopsis information. To date, no other sources have written to express interest in the acquisition.

No existing or authorized vendors other than Mastodon were found that could deliver the equipment required to satisfy the user’s requirements. However, PM CISS and the CAWG continues to perform market research along with the user community to identify new qualified sources.

10. Other Facts:

Previous Contract or Purchase Order Number: W911QY19C0020 Previously Competed? N/A No Yes

Previous authority for other than Full & Open Competition: FAR 13.106-1(b)(1)

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.

Signer’s Title: Insert Title

Technical Certifier (Tech)

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.

Signer’s Title: Insert Title

Requirements Certifier

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:

__ Cost analysis _X_ Price analysis __ Should-cost

__ IGCE

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__ Audit: (identify the audit type) __ Other: (identify the methodology or combination of methodologies that will be used)

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

__ will be required.

_X_ 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.

_X_ 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.

Contracting Officer (KO)

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

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Approval

Based on the foregoing justification, I hereby approve the procurement of Mastsadon Kraken, ruggedized, man-packable Direction-Finding (DF) systems (Part Number MD1001-0001-01) , for an estimate of $600,000.00 on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901(e)(2), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

(End of Justification)

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