A.02 Sole Source Justification CADSWES FY24.pdf

DEPARTMENT OF THE ARMY

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Agency:

Department of the Army Albuquerque District, Corps of Engineers 4101 Jefferson Plaza NE Albuquerque, NM 87109-3435

2. Description of Action:

Albuquerque District is seeking a non-personal services contract to provide RiverWare software enhancements and technology transfer to support United States Army Corps of Engineers (USACE) river and reservoir operations modeling to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center.

The Center for Advanced Decision Support for Water and Environmental Systems (CADSWES), a research center of the University of Colorado - Boulder will provide support to the development of the Upper Rio Grande Water Operations Model (URGWOM). The URGWOM Technical Team (multi-agency team of experts) has developed comprehensive simulation, accounting and forecasting models for the Upper Rio Grande Basin. The models have been constructed using RiverWare® power and reservoir modeling software developed by CADSWES. These models are essential for the water management and compact accounting of the Rio Grande Basin. Thus, these models are updated and enhanced annually to achieve accurate and timely results for Corps reservoir operations. Failure to obtain the necessary support would inhibit and delay further development of URGWOM.

3. Description of the Supplies/Services Required to Meet the Agency’s Needs:

CADSWES will provide RiverWare software enhancements to meet modeling needs and model support to the URGWOM team. The additional support will be to provide direct input, as needed, to the model enhancements URGWOM is currently engaged with, and to address issues with the model which may arise that require CADSWES involvement. The estimated total value is $75,000.

4. Authority Cited:

In accordance with Statutory Authority 10 U.S.C. 2304(c)(3), FAR 6.302-3(a)(2)(ii), to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center.

5. Reason for Authority Cited:

CADSWES, a research center of the University of Colorado, is the sole developer of the RiverWare software that is being utilized for URGWOM, and the University of Colorado holds the copyright to RiverWare software. As such, CADSWES is the only entity able to provide the user support and software development that is needed for

URGWOM.

6. Efforts to Obtain Competition:

Research was conducted to verify CADSWES is the only educational or other nonprofit institution or a federally funded research and development center capable and authorized to provide the necessary support. Research consisted mainly of collaboration efforts with the many entities performing work in and around the Middle Rio Grande and web searches.

7. Actions to Increase Competition:

None. CADSWES is the sole developer and provider of this software, which has been confirmed by CADSWES and thorough Market Research.

8. A Description of the Market Research Conducted and Results:

Research was conducted to verify that CADWES is the only provider capable and authorized to provide the necessary support. Research consisted mainly of internet searches (including review of online records of the U.S. Copyright Office) and verification from CADSWES.

9. Interested Sources:

CADSWES only interested source since CADSWES is the sole developer and provider of this software.

10. Other Facts:

Previous contracts awarded:

Albuquerque District utilized W9126G-09-D-0085, USACE Fort Worth District $550,000 5-year IDIQ for USACE Modeling Needs, awarded 28-Sep-2009.

Contract W912PP-13-P-0057 was awarded 18-June-2013 $100,000, USACE Albuquerque District

Contract W912PP-14-P-0046 was awarded 26-June-2014 $99,900, USACE

Contract W912PP-15-P-0072 was awarded 18-August-2015 $99,500, USACE Albuquerque District

Contract W912PP-16-P-0069 was awarded 25-August-2016 $99,500, USACE Albuquerque District

Contract W912PP-16-P-0077 was awarded 30-August-2017 $99,500, USACE Albuquerque District

Contract W912PP-18-P-0055 was awarded 30-August-2018 $99,500, USACE Albuquerque District

Contract W912PP-19-P-0075 was awarded 30-September-2019 $99,500, USACE Albuquerque District

Contract W912PP-20-P-0064 was awarded 28-September-2020 $99,500, USACE Albuquerque District

Contract W912PP-21-P-0039 was awarded 23-September-2021 $99,200, USACE Albuquerque District

Contract W912PP-23-P-0002 was awarded 31-January-2023 $99,500, USACE

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.

Signature: _________________________________________________________________ George B. Schuman, P.G. (Program Manager) Date

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.

CADSWES has provided similar services to USACE under prior acquisitions, and their price has always proven to be fair and reasonable as compared to similar services provided to USACE and as compared to industry standards.

Signature: _________________________________________________________________ George B. Schuman, P.G. (Program Manager) Date

13. Contracting Officer Certification and Approval:

I certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing justification, I hereby approve the procurement of services being procured on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(3), FAR 6.302-3(a)(2)(ii), to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature:_________________________________________________________________

(Contracting Officer) Date