C02 Approved Sole Source Justification for Use of Other than Full and Open Competition Redacted.pdf

NSWCCD Sole Source/Brand Name Justification SAT rev 1 Effective September 2020

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN

SIMPLIFIED ACQUISITION THRESHOLD MEMO

FROM: Jamison Ye

CODE: 862

SUBJECT: Sole Source/Brand Name Justification / Limited Source Justification for Use of Other than Full &

Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT)

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.

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.

3. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide (April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address)

NSWCCD Code 86 requests the purchase of annual software subscription for Ada Core GNAT Pro Ada x86- 64 Windows native environment. NSWCCD has utilized GNAT Pro Ada for over 15 years in the design and development of tactical ship control software for Navy submarines. The requested GNAT Pro subscription must be purchased to meet the project schedules by March 20, 2022 with a new period of performance ending March 20, 2023.

The estimated price for this procurement is Previous Purchase Order No. N0016721P0066

Manufacturer:

AdaCore 150 W. 30th Street, 16th Floor New York, NY 10001 40 POC: Karen Mason E mail: sa-orders@adacore.com Tel.No.: (212) 620 7300

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

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

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).

3. Other Reasons

B. SOLE 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.

GNAT Pro Ada is a flexible Ada development environment. It comprises a full Ada compiler, an Integrated Development Environment, a comprehensive tool suite including a visual debugger, and a set of libraries and bindings. The GNAT Pro Ada is required to support ongoing efforts for the Submarine Ship Control System programs. GNAT Pro Ada is the required tool since it is the same Ada software development tool used by NSWCCD and contractors supporting various Navy submarine ship control R&D programs. There is no other commercial software compatible with GNAT Pro Ada. Acquisition and implementation of an alternative set of software tools would not be cost effective and feasible. As with any software company, Ada Core owns all proprietary rights to GNAT Pro and does not has any authorized reseller.

Only AdaCore can provide the GNAT Pro Ada software license, subscription, and maintenance renewal due to proprietary rights. Therefore, in accordance with FAR 13.106 1(b)(1)(i) the circumstances of this contract action deems only one source to be reasonably available.

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: A search for other Ada development software with the necessary features was done in technical literature, by web search, and in consultation with scientists and engineers in Code 86. No other software having the same functionality and compatibility as GNAT Pro Ada is available.

IV. CERTIFICATIONS & APPROVALS

A. Technical/Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

Contracting Officer Signature Name / Title / Phone Date

DUHAIME.KRISTEN.M.138161158

Digitally signed by

DUHAIME.KRISTEN.M.1381611589

Date: 2023.01.20 08:06:03 -05'00'