Attachment I - Sole Source Justification.pdf

DON SAP SINGLE SOURCE

AUG 2018

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Naval Facilities Engineering Command requires a quantity of 65 - AerWave Enterprise v5.0 Package with Weather Widget & RS-232 licenses from Aerva, Inc./Watchfire Signs, LLC. The required licenses will have a base period of performance of 30 September 2024 – 29 September 2025 with three option periods, resulting in an ultimate completion date of 29 September 2028, if all options are exercised.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS. Other reason not identified above.

B. _X__ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

The licenses provided by Aerva, Inc./Watchfire Signs, LLC is the only approved signage software authorized to operate on the NMCI network. Research was conducted to determine if other software brands could meet the needs of the Government. Similar media players were

DON SAP SINGLE SOURCE

AUG 2018

identified but determination could not be made if the players could configure to operate with the approved Aerva, Inc/Watchfire Signs, LLC product. The process of identifying a different software with a functional media player, along with obtaining Government approval for all new products would take an extensive amount of time, testing, and uncertainty if approval would be recommended for another product. At this time, an alternative product would cause delays and be cost prohibitive.

C. _X__UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: May 2024

2. Required delivery date/period of performance: 30 September 2024 – 29 September 20025

3. Explanation of why delivery/commencement of services by the date mentioned above is required: The licenses are required to display emergency alerts, safety issues, and other notifications for Navy workforce.

4. If appropriate, include any additional pertinent information. Not applicable