JA_ATC_Simulator_28_Feb_13_REDACTED.pdf

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JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 13.5 TEST PROGRAM FOR CERTAIN COMMERCIAL ITEMS

1. Agency/Contracting Activity: Mission & Installation Contracting Command (MICC) – Fort Bragg (MICC- FB), Fort Bragg, North Carolina

2. Description of Action:

Nature: New Requirement Follow-on Requirement_ N65236-05-D-6850____________________ Mod to Existing Purchase Order/Contract Number _________

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMAR Other Funds: ______________________

Name of Proposed Contractor(s): Adacel Systems, Inc. (Adacel) Street Address: 9677 Tradeport Drive City, State, Zip: Orlando, Florida 32827-5318 Phone: (407) 581-1560

3. Description of Services or Supplies:

The total estimated value of the proposed action is $ 649,994.00 Period of Performance: 12 month base; plus two 1-year option periods.

The Contractor will provide on-site support for the USAR Air Traffic Tower, ATNAVICS, and Fixed Base PAR Simulator (ATTAFS) at the U.S. Army Reserve (USAR) Air Traffic Control Simulation Complex located at Fort Rucker, Alabama. The Contractor shall convert Government provided training scenarios and mission requirements into a virtual platform on the ATTAFS and also provide the appropriate maintenance of current training scenarios within the system. These virtual training scenarios ultimately assist the USARC to qualify Soldiers to meet Army deployment and training requirements.

The ATTAFS is an Adacel Technologies air traffic simulation system with proprietary MaxSim software operating systems. The ATTAFS is Government owned, however the MaxSim software is not and is owned by Adacel. As such, the Contractor must have subject matter expertise on the MaxSim software applications in order to successfully execute this contract.

The Contractor must be proficient with Army ATC operations and be capable of building complex training scenarios with the system using the proprietary MaxSim software application. Responsibilities include, reviewing concepts, operational requirements documents found in TC-3-04.8, Air Traffic Control Facility Operations, Training, Maintenance and Standardization, related supporting documents to analyze the impact, or potential impact, on air traffic simulation systems programs and make recommendations on actions required for possible hardware and software upgrades. The Contractor will also provide support for the Simcare Hardware/Software services upgrades, agreements, and warranties which were already purchased by USARC through the US Navy Space & Naval Warfare Systems Command (SPAWAR), contract vehicle contract. The extended warranty is currently valid through 2017.

In addition, the Contractor will have the knowledge to manipulate airfield/airport ground and air movement areas using proprietary MaxSim software. Support includes Government training data entries of simulated radar mapping, air and ground movement areas for six airfields databases based on Government provided information. Furthermore, the Contractor will be responsible to ensure that the databases operate in accordance with actual airfield procedures to the extent possible.

The Contractor will perform start-up and shut-down procedures, troubleshoot, isolate and resolve software and hardware problems and coordinate fixes as it relates to the training simulations. Additional requirements

-2-include providing guidance to USAR supervisors on the operations of the air traffic control supervisor consoles. As the US Army Aviation changes so must the simulator, as such the Contractor shall support continued data gathering, analysis and planning recommendations, to support any required construction and input of training plans and material for the simulator and Computer Based Instructions (CBI) systems.

Furthermore, the Contractor will brief USAR and other management personnel on simulator performance and utilization and create instructionally sound instructor-led (stand-up) training for a variety of learners and projects within the simulator itself. Army air traffic control is governed by Federal Aviation Administration (FAA), International Civil Aviation Organization, DoD and US Army regulations. As these documents change the procedure in the simulator systems must change to continue to meet US Army accreditation. As such, the Contractor shall also be responsible for reviewing and organizing Government training manuals, reference library, and other educational materials to ensure they are incorporated within the simulator. The Contractor shall also manage simulator usage schedule, proctor/operate simulator during training events and maintain training historic files.

4. Authority: FAR 13.501: Special documentation requirements as only one responsible source and no other supplies or services will satisfy agency requirements:

The ATTAFS is instrumental in maintaining required ATC Soldier’s readiness levels, due to the unique Army Reserves Troop Program Unit (TPU) training requirements of its air traffic controllers and weekend only training constraints. The services required by the USAR to operate (build scenarios to meet mission requirements, build and maintain a large file of scenarios to training controllers at different skill levels, update airport movement areas and actual airport procedures change, update airspace movements and air control points and actual procedures change, etc. Scenarios and database development will be completed when soldiers are not training. All of these task and time frames are managed to meet training and mission requirements) the proprietary ATC simulator systems software/hardware application are available from only one responsible source. The service required by the USAR is available from Adacel Systems, Inc. as it is the Original Equipment Manufacturer (OEM) and holds the rights to the technical package for the MaxSim software applications.

5. Reasons for Authority Cited:

This service is highly specialized due to the complexity and the of the Adacel simulation systems and the need to be a subject matter expert with FAA and Department of Defense air traffic, airfield/airport and airspace policy and procedures. The knowledge and ability to build detailed Government air traffic virtual training scenarios into the ATTAFS for future mission requirements entails a steep learning curve and it is a perishable skill. The knowledge and expertise mentioned above are crucial in maintaining Soldier Military Occupation Series (MOS) and FFA currency and proficiency.

Adacel Technologies is the leading Air Traffic Simulation Company in the Department of Defense. Adacel’s proprietary software applications are complex and requires approximately six (6) months of training to master. If a Government employee were to obtain this training it would cost the Government approximately $70,000 and would take approximately 6-12 months to become proficient in the ATTAFS and to perform Soldier proficiency virtual training.

Adacel will provide a ready, trained and supported Field Service Representative (FSR) to support the USAR ATTAFS, as demonstrated by their current performance. Adacel will not provide the training and expertise required to operate the proprietary MaxSim software applications to another vendor or competitor.

Additionally, Adacel has clearly indicated that if any competitor attempts to manipulate the software or code, it would invalid the Government purchased extended warranty, which currently extends through 2017.

6. Actions to Increase Competition:

The current contract is through the SPAWAR, contract vehicle. Adacel is a sub-contractor and the provider of the FSR because they are the only company who can provide the service. Although SPAWAR has provided two years of support for the USAR requirement, they are unable to support after 8 March 2013, as the master contract has no additional options. The Contract Specialist contacted the prime contractor, CGRT Inc. and asked if they (CGRT) or Adacel’s employees were providing the services to fulfill the

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Government’s requirements. The Contractor indicated that they were providing some of the management functions however; it was primarily Adacel who was providing the Field Service Representative (FSR) and all supporting services. As such, even if this requirement were competed to industry, all prospective Contractor’s would have to contact Adacel to obtain the services and conversely may create excessive pass through charges, which is prohibited by the FAR.

A notice of intent to sole source will be publicized to the Government Point of Entry as required by FAR 5.2.

7. Fair and Reasonable Price Determination:

As the Contracting Officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The techniques identified at FAR 13.5 and FAR 15.404-1(b) will be used to ensure award will be at fair and reasonable prices. The Contracting Officer will use a comparison of industry cost for similar work. The Independent Government Estimate (IGE) and comparison to the previous contracts will primarily be used as an analysis of the contractor’s proposed cost. Additionally, if required, the techniques identified at FAR 15.404-1(c) (2) (iii) will be used to further ensure award will be at fair and reasonable prices.

8. Market Research:

During the simulation systems acquisition and initial market research in 2009, several companies were identified as possible candidates that could provide services for Adacel Technology Systems. Upon analyzing the candidates, it was determined that the contractors identified would require Adacel’s complex training support. Adacel was willing to provide the training at USARC’s expense to a Government employee at an estimated $70,000.00 but would not be willing to train any competitors to include any authorized resellers. Market research demonstrated that there was no other company in the market who could operate the ATTAFS, due to the extensive training required on proprietary software application (MaxSim) except for Adacel. Adacel’s competitors in ATC simulation maintain the same support standards due to proprietary information associated with these complex systems.

Further market research was conducted by the Contract Specialist on 16 November 2012. An internet search was conducted and two (2) sources sought notices were found from MICC-West Point and one from the FAA. The Contract Specialist contacted both point of contacts and both indicated that the results of their sources sought gave them an indication that Adacel was the only vendor that could provide the services for its proprietary software. Additionally, on 24 January 2013, a conversation was held with the Director of U.S.

Contracts at Adacel, and he confirmed that any other source that should work on this system, the extended warranty already purchased by the Government would become invalid, which would ultimately cost the Government more.

9. Additional Information to support the justification.

Prior to considering a contract, the USARC Aviation Directorate, presented a Department of Army Civilian Hire concept package along with a cost benefit analysis which was fully supported but then was ultimately disapproved. Furthermore, in our current fiscal environment, this option is no longer viable.

The Aviation Directorate, in hopes of identifying a bill-payer or long-term solution, briefed the Army Reserve Plans & Operations Group (ARPOG) and USARC’s DCG. DCoS, G-3/5/7, BG Donahue, stated that this program is required and cannot fail, as such the new strategy is to add the USARC ATC simulation program to the Training Aids, Devices, Simulators and Simulations (TADSS) Contractor Logistics Support (CLS) MDEP. The CLS MDEP provides lifecycle contractor support for fielded TADSS to maintain training readiness of units. The plan is to add the ATC simulation program to the TADSS MDEP in FY16, as part of the POM 16 – 20 cycles. As of Feb 2013, preliminary discussions have been held and more discussions are anticipated to be held in March 2013 with a formal brief in the Fall of 2014. While the long term plan is being vetted, the services are still required. As such, it would be in the Government’s best interest to put a base and two (2) option year contract in place as this requirement will not be added to the TADSS MDEP until at least FY 2016. This will also eliminate additional procurement costs until it can be added to TADSS.

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10. Listing of Interested Sources:

Name of Proposed Contractor(s): Adacel Systems, Inc.

Street Address: 9677 Tradeport Drive City, State, Zip: Orlando, Florida 32827-5318 Phone: (407) 581-1560

11. Barriers to Competition:

A barrier to competition is that the Government has already procured a 5-year extended warranty through Adacel Systems, Inc. for Simcare Hardware/Software services (valid thru 2017). As such if any competitor were to have access to this system, it would invalidate the current warranty. This constraint makes selecting an alternate vendor much less desirable and inefficient for the U.S. Government. Due to the proprietary software, and the extended 5-year warranty that the U.S. Government has already purchased, Adacel remains the most logical vendor to provide this service.

Additionally, Adacel required a two (2) year Statement of Nondisclosure be signed by all current Adacel employees receiving this training. This creates a barrier to competition as companies may not submit competitive proposals as they would not be able to find any recently/adequately trained employees to run the

ATTAFS.

12. Contracting Officer’s Approval:

I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE: DATE: 28 Feb 2013

NAME: BETTY J. PARKER

TITLE: Procuring Contracting Officer

13. Technical / Requirements Certification:

I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

SUBMITTED BY: LTC Richard T. Calchera POSITION TITLE (Division Chief or higher): Division Chief, Operations and Plans EMAIL ADDRESS: Richard.calchera@usar.army.mil

SIGNATURE:

JA_ATC_Simulator_F INAL_28_FEb_13-Sign

DATE: 28 Feb 2013

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14. Reviews: I have reviewed this justification and find it legally sufficient.

Legal Counsel (if value exceeds $1

E-Signed by QUINN.BRENDA.SUSAN.1098468737 VERIFY authenticity with ApproveIt

50K)

SIGNATURE: DATE:

NAME: BRENDA QUINN

TITLE: Chief Contract Attorney