_07 JA NI with CUI (1) -- KO signed 5-20-2025 Rev_Redacted.pdf

ATTENTION

ATTENTION

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Controlled by: Army Controlled by: ACC-RSA CUI Category: General Procurement and Acquisition Distribution/Limited Dissemination Control: FEDCON POC: Joseph Mendiola, 256-535-3312

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CUI

National Instruments Enterprise Renewal

Control Number: MZB-B-J&A25-2099

Justification Review Document Under Federal Acquisition Regulation (FAR) 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: The requires the procurement of a follow-on an

Enterprise Agreement Renewal with for one year with two additional option years to be used to continue support of .

Authority: Title 41 United States Code Section1901 as implemented in the Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

Amount: The estimated value of this contract totals , which consists of a Base of for 12 months with two one-year optional ordering periods of for and respectively.

Prepared by:

Contracting Officer:

Technical Representative:

Requirements Representative:

DSN:

Date: 04/08/2025

Control Number: MZB-B-J&A25-2099

Reviews

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

Control Number: MZB-B-J&A25-2099

Justification and Approval for Other than Full and Open Competition - FAR Part 13.501

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

2. Description of Action: The U.S. Army Futures Command (AFC) Combat Capabilities Development Command G-6 requests approval to award a follow-on, firm fixed-price, Indefinite-delivery, Indefinite-quantity (IDIQ) contract to for the purchase of multiple software licenses and associated software maintenance. The Government projects award for 13 June 2025 using fiscal year 2025 Research Development Test & Evaluation (ROTE).

3. Description of Supplies/Services: Proprietary Software Licenses to allow for the connection to multiple pieces of laboratory equipment throughout the directorates manufactured and procured from

I

The total estimated cost for the base award term is plus two one-year optional award terms estimated at for the first, and for the second for a total estimated cost of .

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: Only can provide the proprietary software licenses to allow the AvMC directorates to continue to utilize the National Instruments proprietary laboratory equipment. The Government cannot purchase this software through any third-party vendor because the AvMC personnel use this software

Unlimited NI Software Licenses

Quantity and License Type Software Title

Unlimited Named-User or Computer-Based EP Bundle Title: EA Platform Bundle

Unlimited Computer-Based Debug Bundle Title: EA Platform Bundle Debug

Finite NI Software Licenses

Quantity and License Type Software Title

2 Concurrent Circuit Design Suite

11 Named User or Computer Based DIAdem Professional

Control Number: MZB-B-J&A25-2099 to connect to multiple lab equipment manufactured and obtained from National Instruments.

The lab equipment cannot operate with any other software and requires maintenance of proprietary equipment/hardware created and maintained by .

Previously, multiple directorates procured this software at the directorate level. In an effort to achieve efficiency, all software to maintain and use the NI equipment to support the required NI devices will be consolidated into a single action at the level rather than by the individual directorates, 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 proposed procurement includes all necessary software licenses and associated software maintenance, and support of all NI software utilized within . NI will allow for unlimited installations for all personnel who need to utilize it and use NI software within . The Enterprise Agreement Renewal between NI and is required to support the and aligns with the Army objectives and procedures for ordering software from Enterprise Software Agreements.

6. Efforts to Obtain Competition: For FAR Part 13 actions, the public display and synopsis requirements of 5.101 apply and will be followed. A synopsis for this procurement action will be posted to the SAM.Gov website upon approval of the J&A.

7. Actions to Increase Competition: Increasing competition is not feasible.

Competition is based on the technical ability to provide software that is compatible with existing laboratory equipment throughout the . No other manufacturer's software will enable personnel to collect, analyze, or interpret data collected with NI equipment, devices, and systems. Similar products from other vendors cannot be integrated into the NI devices system due to proprietary software and designs of their equipment without significant research and development costs. The time and risk that another vendor's software would not function with the existing equipment make this option prohibitive. Unless NI releases its propri�tary data for its equipment and its software, there will not be any other sources for the procurement of this software.

Market research, as detailed below in paragraph 8, was conducted in January 2025 and any future acquisitions will be published in CHESS or in the System for Award Management at sam.gov.

8. Market Research: In accordance with FAR Part 10, market research was conducted for the proposed procurement in January 2025, to verify the procurement history of this software, the correct Service code/NAICS, the estimated cost, to determine whether this software is commercial, and through ESI and GSA Advantage to look for any other contract available for this software. Through this research, the Government concluded that only software could meet the Government's minimum needs.

Control Number: MZB-B-J&A25-2099

Market Research has been conducted for this acquisition using the following techniques: personal knowledge in procuring software of this type and contact with knowledgeable people in Government regarding the commercial nature of this software requirement.

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), RFI #519627 was issued through the CHESS ITES-SW2 Vehicle (28 vendors) with no response. Upon receiving no responses, a request for the Statement of Non-Availability #216815722 was received. There are no known resellers or distributors for this software at this time. Therefore, National Instruments (NI) Corporation is the only source for the procurement of these software licenses and associated software maintenance.

Effective competition has been researched and determined that direct purchase through the existing manufacturer and current provider is the most secure, efficient and cost-effective route for renewal.

9. Interested Sources: In accordance with DFARS PGI 206.302-1(d), an RFI was issued to CHESS ITES-SW2 base IDIQ-holders, but no responses were received.

has the proprietary rights to the software licenses needed to interoperate with the proprietary laboratory equipment and has the capability to fulfil this requirement

10. Other Facts:

a. Procurement history. Procurement history was researched in January 2025.

has maintained its license for this software for the past three (3) years and intends to continue the license. Previously awarded contracts for in support of 's core network can be found on the table below:

FY Contract Number Award Amount

b. Other facts. No other facts exist.

Control Number: MZB-B-J&A25-2099

11. Technical Certification:

Control Number: MZB-B-J&A25-2099

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.

I

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 cost to the Government for this contract action will be fair and reasonable.

signed by

14. Contracting Officer Certification:

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

Control Number: MZB-B-J&A25-2099

Approval

Based on the foregoing justification, I hereby approve the procurement to National Instruments (NI) for the procurement of the National Instruments Enterprise Renewal for the acquisition of software licenses and associated software maintenance including for the first optional ordering period and, for the second optional ordering period with a total possible dollar value of on an other than full and open competition pursuant to the authority of 41

United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature:

Command Advocate for Competition