JA_W9124Q-16-T-0011_Fort_Hood_17_Nov_2016_FBO_posting_Redacted.pdf

Control No:

Contractor: NetAqcuire Corp.

Supply/Service: Supply

Version – November 2015

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Supply/Service: White Sands Missile Range (WSMR) Range Operations Directorate will provide continuous support to the US Army, Navy & Air Force Test weapon systems for proof of concept and field to the end users.

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.

Amount: $ 675,000.00

Prepared by:

Name: DSN:

Title: Date: 16 JUN 2016 Email:

Contracting Officer:

Name: . DSN:

Technical:

Requirements:

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

Program Manager:

Typed Name:

Legal Counsel:

Typed Name:

DSN:

Signature:

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

Full and Open Competition

1. Contracting Activity: Mission and Installation Contracting Command (MICC) - Fort Hood, Contract Management Division,

2. Description of Action: White Sands Missile Range (WSMR) Range Operations Directorate requests a firm-fixed-price contract with NetAcquire Corporation, 12000 115th

Ave NE, Kirkland, WA 98034-6900, for the maintenance services for radar electronic equipment. The Government projects award for November 2016 fiscal year 2017.

Operations and Maintenance funds will be used. 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:

White Sands Missile Range currently has approximately 23 systems installed, and configured with software created by NetAcquire. These systems transmit test data over a test support network (TSN). These systems present combinations of capabilities that are unique to products manufactured by NetAcquire Corporation. This procurement will help sustain and improve the core capabilities of the telemetry systems located at WSMR.

The improvements will help maintain the systems functionality. This maintenance support subscription will provide system software updates, hardware repairs and upgrades. The subscription will provide continuous technical support, and allow WSMR employees working with the system to receive training offered by NetAcquire to better understand the product and receive support as necessary. The period of performance for this requirement is for five (5) years, beginning 21 November 2016 – 20 November 2021.

The total estimated contract value of this requirement is $675,000.00.

4. Authority Cited: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) and 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements, and brand name descriptions.

5. Reason for Authority Cited: As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for missile simulator sustainment and improvement. NetAcquire is the Original Equipment Manufacturer (OEM). Services can only be provided from the original source as this is a follow-on requirement for the continued support of highly specialized services.

NetAcquire developed the systems currently in use at WSMR with core capabilities, to include the hardware and software. The telemetry data, radar systems and field telemetry system in use at WSMR, has incorporated hardware and software designs that are the proprietary intellectual property of NetAcquire Corporation. There are no other sources for this requirement that has the licensing to perform the service. Due to Information Assurance (IA) compatibility issues the software in the existing equipment needs to be updated as soon as possible to meet IA requirements. If NetAcquire does not update the software, IA will not allow the server to update as needed to support the radar/telemetry data or Field Telemetry systems which will disrupt the support of any scheduled missions. If this is the case, program deadlines may not be met. Further, if the software is not updated the current systems will become obsolete. If the Government decided to award to another contractor they would be subject to pass through cost, because the technical expertise and proprietary information resides with NetAcquire.

NetAcquire systems will contain outdated software and in case of any malfunction it will render the equipment useless. Going with another contractor will require the purchase of totally new equipment for all radar/telemetry or real time systems and the added cost for their own subscriptions would extremely exceed the cost that is being proposed here.

The cost of going with a different contract would easily exceed $675,000.00 and the time lag for another company would set testing support back by at least a year or longer just for developing the required systems. This would be impractical, time consuming, and costly to the Government.

Currently, there are no other alternative sources within the Government and there are no other systems within the Government that can be modified to meet the needs of this requirement. Additionally, market research conducted has not identified any commercial equivalent services that can be modified to meet the needs of this requirement.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(10), this action will not be synopsized. This system is unique (one of a kind) and the OEM is the only supplier with the necessary rights to provide hardware/software maintenance for the system and its design.

7. Actions to Increase Competition: The telemetry data, radar systems and Field System in use at WSMR have hardware and software designs that are the proprietary intellectual property of NetAcquire Corporation. The Government will continually search the Army chess program and the internet for vendors with proper licensing to operate on the NetAcquire Systems, however none have been found to date.

8. Market Research: All mandatory sources of supplies were considered per FAR Part 8 to include Ability One and GSA. Further, the applicable NAICS Code 517919is not on the list of NAICS codes eligible for Women Owned Small Business set-asides nor is it eligible for an Economically Disadvantaged Women Owned Small Business. The commercial practices in the marketplace can be used to shape the acquisition strategy, requirements, product description, and/or performance work statements, evaluation factors and contract terms and conditions. It is recommended that this requirement be awarded as a sole source firm fixed price to NetAcquire Systems.

In accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance and Information (PGI) 206.302-1(d), a request for information or sources sought was posted to Federal Business Opportunities on 25 Aug 2016 for five days. The results were one interested vendor. IPEC Inc, replied to the Sources Sought Synopsis on 2 Sep 2016, and provided their capabilities but failed to possess the proper licensure to work on the equipment manufactured by NetAcquire.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts: Procurement History: Contract number W9124Q-11-P-0128 was awarded on 25 September 2011 to NetAcquire, as a sole source requirement, in the total contract amount of $152,599.90. The contract was awarded with a base and four (4) option years, with each annual period of performance beginning on 30 September and ending on 29 September. All four (4) option years were exercised causing the final completion date of the contract to be 29 September 2016.

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.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable. The rates are based on those currently determined to be fair and reasonable from the previous contract. The techniques identified at FAR 15.404-1(c) will be used to ensure award will be at a fair and reasonable cost. The Contracting Officer will use a comparison of industry cost for similar work. The Independent Government Cost Estimate (IGCE) will primarily be an analysis of the contractor’s proposed cost. Certified Cost and Pricing Data will be obtained.

This determination will be made using the following: cost analysis X price Analysis should cost IGCE audit:

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.

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).

X The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Contracting Officer

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

Claudette N. Smith Contracting Officer