20PJP013JAREVISEDFINALRedacted.docx

J&A Number: 0233-20-003-00

IN REPLY REFER TO:

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

PHILADELPHIA DIVISION

5001 SOUTH BROAD STREET

PHILADELPHIA PA 19112-1403

J&A Number: 0233-20-003-00 Code: 0233 P.R. Number: 20-PJP-013

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Philadelphia Division (NSWCPD), Code 0233

2. Description of Action Being Approved

Award of a Firm Fixed Price (FFP) contract on a sole source basis to SDL XyEnterprise LLC (SDL) for the renewal of software maintenance relating to licenses owned and used by NSWCPD in support of NAVSEA/NAVSUP Technical Data Management.

3. Description of the Supplies or Services

The requirement is for the renewal of the software maintenance as required by Navy Information Assurance policies for all Navy approved IT systems. Also included in this agreement will be additional licensing options as the software user base increases, the cost for these options will be detailed in the software license agreement.

These items are Commercial off the Shelf (COTS) maintenance subscriptions. The estimated contract value is $6,894,306. The period of performance for this effort is a one year base period and four option years. The first year will be funded using FY20 OMN funds. All future option periods will also be funded using OMN funds. The Government’s minimum needs have been verified by certifying technical and requirements personnel.

Optional Add-Ons

Optional - Fixed Fee - Annual Training and PS Services Pool

4. Statutory Authority Permitting Other Than Full and Open Competition

41 U.S.C. 1901(e)(2), a sole source acquisition under the authority of Simplified Procedures for Certain Commercial Items, as implemented by Federal Acquisition Regulation FAR Subpart 13.501(a).

5. Rationale Justifying Use of Cited Statutory Authority

SDL is the sole owner of the software licensed to NSWCPD, this includes the following:

1. SDL Contenta

2. SDL S1000D Contenta

3. SDL Live Content

4. SDL S1000D Live Content IETM

5. SDL XML Professional Publisher (XPP), with PDF Direct Publish Add-on.

6. Live Content sustainability agreement for NAVSEA viewer

The Navy owns the above software, but Navy Information Assurance policies require that all software receive regular upgrades and patches. SDL is the only authorized provider of software maintenance for these products, they do not provide authorized resellers of maintenance. This maintenance covers all software upgrades and patches. Also covered under this agreement is help desk support.

Using a different product would require a complete re-engineering of NAVLOGTD to integrate the alternate software solution. This would require NAVSEA approval to purchase the software as well as a significant reengineering and migration effort. NAVLOGTD currently hosts six different data types for management, editing and publishing. Each of these data types has unique requirements to support their processes. Discussion with NAVSEA relating to the potential implementation of NAVLOGTD functionality using alternative software was estimated to cost approximately $2-3M to reengineer all required data functionality. This was in addition to the cost of new software purchases and new yearly maintenance, as well as payments for continued maintenance of the existing software covered in this contract to maintain NAVLOGTD functionality while this transition would take place. These costs well exceed the cost of maintenance for the currently owned software.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

A Sources Sought notice was posted to SAM Beta website on 2 April 2020. No additional sources responded to the sources sought to date. In addition, market research conducted by the technical and requirements personnel and the contract specialist revealed no additional sources with the capability to perform the requirement. Therefore, for the reasons discussed in Paragraph 5 above, market research and the results of the Sources Sought Notice, SDL is the only source that can satisfy this requirement. To conclude, NSWCPD plans to issue a combined synopsis/solicitation per FAR 5.203(a)(2).

7. Determination of Fair and Reasonable Costs

The Contracting Officer will make a determination as to whether the costs to the Government for the supplies covered by this J&A are fair and reasonable, prior to award. The contractor will submit a formal price quotation with other than certified cost or pricing data and sufficient information to support the accuracy and reliability of the estimate. The contractor’s proposal will be reviewed by experienced technical analysts and contract specialists with the aid of necessary field pricing support. The PCO will use cost and pricing analysis as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Competition

NSWCPD will continue to monitor the marketplace and identify potential sources of the supplies identified in this Justification. Any sources discovered that can potentially satisfy this specific procurement will be taken into account for any future requirements.

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance, that are included in this justification and its supporting data, except as noted herein, are complete and accurate to the best of my knowledge and belief.

COMBINED TECHNICAL AND REQUIREMENTS COGNIZANCE:

Signature Name (Print) and Title (Code) Phone No. Date

LEGAL SUFFICIENCY REVIEW

I have determined that this justification is legally sufficient.

Signature Name (Print) and Title (Code) Phone No. Date

CONTRACTING OFFICER CERTIFICATION

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

Signature Name (Print) and Title (Code) Phone No. Date

APPROVAL BLOCK

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity, the solicitation of the proposed procurement(s) using other than full and open competition, pursuant to the authority of 41 U.S.C. 1901.

CHIEF OF THE CONTRACTING OFFICE

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