_07 JA FAR Part 6_NI2 (1)_Synopsis.pdf

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National Instruments Enterprise License
Solicitation number
W9124P-22-S-8068
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This justification document outlines a sole source procurement for an enterprise license agreement with National Instruments Corporation. The Development Command Aviation and Missile Center's Information Office requires the agreement to consolidate software procurements for various National Instruments devices used across multiple projects. The agreement would cover maintenance and support for all National Instruments software utilized within the center and provide unlimited installation and use rights. Authority for the sole source award is granted under the One Responsible Source authority due to the software only being available through the manufacturer. Market research found no other options that could meet requirements. The related federal contract opportunity notice intends to award a sole source contract to National Instruments Corporation for the enterprise license agreement to support the Systems Readiness Directorate's needs.

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(National Instruments‐ Redstone)

Control Number:

(Source Selection Information ‐ See FAR 2.101 and 3.104‐ 4)

JAN 2022

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: The Development Command (DEVCOM), Aviation & Missile Center (AvMC) Information Office has the need to acquire an Enterprise License Agreement with National Instruments for one year with two additional option years to be used to continue support of AvMC’s core network

Authority: 10 USC 2304(c)(1) as implemented in FAR 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

Amount:

Prepared by:

Contracting Officer:

Technical & Requirements Representative:

Control Number:

(Source Selection Information ‐ See FAR 2.101 and 3.104‐ 4)

Justification and Approval for Other than Full and Open Competition – FAR Part 6

1. Contracting Activity: Department of the Army, Army Contracting Command Redstone, CCAM-MZB-B, Redstone Arsenal, AL 35898-5000.

2. Description of Action: The Development Command (DEVCOM) Aviation and Missile Center’s (AvMC) Information Office requests approval to award a purchase order on a firm fixed price contract.

3. Description of Supplies/Services: The general scope of this contract is to acquire an Enterprise License Agreement (ELA) with National Instruments (NI) for DEVCOM AvMC. With this ELA in place, project level procurements for the software to support the required NI devices will be consolidated into a single action at the center level, saving both dollars and administrative overhead.

Included in this action are BD326484, Enterprise License Agreement EA-16001 Year 1, Qty: 1; BD326739, Enterprise License Agreement EA-16001 Year 2, Qty: 1; BD326740, Enterprise License Agreement EA-16001 Year 3, Qty: 1.

4. Authority Cited: 10 USC 2304(c)(1) as implemented in FAR 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Reason for Authority Cited: This Enterprise License Agreement can ONLY be issued by National Instruments. It cannot be sourced through any third-party vendor.

Due to this ELA being for maintenance of proprietary equipment/hardware created and maintained by National Instruments. With this ELA in place, project level procurements for the software to support the required NI devices will be consolidated into a single action at the center level, saving both dollars and administrative overhead. The NI software is procured and maintained independent of NI devices and is a critical requirement in the interpretation and analysis of data collected with NI devices. The ELA covers maintenance and support of ALL NI software utilized within AvMC and provides unlimited install and use of NI software within AvMC. The ELA between NI and AvMC is required to support the AvMC mission and aligns with the Army objectives and procedures for ordering software from Enterprise Software Agreements.

Control Number:

(Source Selection Information ‐ See FAR 2.101 and 3.104‐ 4)

6. Efforts to Obtain Competition: Extensive market research was conducted and no other company was found which could meet the Government requirement. Further competition is not anticipated as the software appears to only be available through the manufacturer. Notices required by FAR 5.202 shall be published as required.

7. Actions to Increase Competition: This action was published as a request for quote on CHESS with no bids received. GSA Advantage was also checked for available competition. Additional request for quote solicitations are welcome, and any quote received for this product will be reviewed for consideration.

8. Market Research:

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

The notices required by FAR 5.201 shall be published in SAM.gov and any proposals received shall receive due consideration in accordance with regulatory guidelines.

10. Other Facts:

a. Procurement history. No previous history

11. Technical & 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.

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Control Number:

(Source Selection Information ‐ See FAR 2.101 and 3.104‐ 4)

13. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

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