CAO-21-0197 IriTech IriCore Limiting-Competition-under-SAT REDACTED.pdf

Control No: CAO-21-0197

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: United States Army Contracting Command – New Jersey (ACC-NJ), Building 9 Phipps Road, Picatinny Arsenal, New Jersey, 07806

2. Description of Action: IriTech “IriCore” Software and Maintenance

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number __ TBD____________________

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: _2021_______

Name of Proposed Contractor(s) and Address:

IriTech_____________________________ 11166 Fairfax Boulevard, Suite 302,______ Fairfax, VA 22030_____________________

Brand Name Buy: Yes No

3. Description of Services or Supplies: The services and items to be provided are copies of the IriTech “IriCore” brand name software used for creating biometric templates as well as yearly software support associated with providing maintenance to the system. Yearly support ensures that all software bugs that are found by the Government are able to be fixed and mitigated within a timely manner. Forwardly deployed biometric systems have unique requirements to ingest biometric templates uniquely created by the IriTech “IriCore” brand name software which no other vendor can currently meet due to its proprietary nature.

Initially in the base year, the Government is required to purchase five copies of the IriCore software. Software maintenance needs to be acquired for the initial year as well as four option years to ensure the vendor is able to support the system when issues are found. The total estimated value of the proposed action is not to exceed $65,000.

Base Period: _FY21 _ to _FY22 _ Value: $45,000__ Option Period 1: _FY22 _ to _FY23 _ Value: $5,000___ Option Period 2: _FY23 _ to _FY24 _ Value: $5,000___ Option Period 3: _FY24 _ to _FY25 _ Value: $5,000___ Option Period 4: _FY25 _ to _FY26 _ Value: $5,000___

Total: $65,000

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited: IriTech is the only vendor that provides IriCore software, and yearly software maintenance. IriTech IriCore is used by the Biometrically Enabled Watchlist Dissemination Management System to create IriTech proprietary IriCore biometric template files that are distributed to the warfighter. Current and future warfighter devices only accept these biometric template files that cannot be created by other vendor software algorithms.

The procurement has a unique requirement to use IriTech IriCore software and IriTech software maintenance because IriTech proprietary software is already being utilized by the warfighter down range. Without adequate specialized software required, Armament the ability to create IriTech proprietary IriCore templates causing operational users to fail their requirements. Iritech IriCore is the only software that exists on the market to create the biometric template files required by the warfighter downrange. There is no other software in existence that could satisfy the minimum needs of the Government

The use of any other contractor or software would cause an unacceptable delay and result in failure to meet the Government’s requirements. The Government cannot acquire these efforts from other sources because market research has shown, there are no other known sources that can provide or maintain this software. A statement from IreTech has been provided that indicates there are no authorized resellers. This inability to execute the mission requirement will delay developmental efforts and ultimately impact the timely fielding of new technology to the soldier.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research has shown that IriTech is the proprietary, single owner, single vendor and single sustainment company capable of meeting the requirement for the warfighter that uses this specific software. The thoroughness of the market research was based on speaking with subject matter experts from Government and industry to identify whether IriTech themselves or any other possible resellers of IriTech IriCore software and IriTech software maintenance existed. Through the research, no other resellers were able to be identified.

Iritech IriCore is the only software that exists on the market to create the biometric template files required by the warfighter. There is no other software in existence that could satisfy the needs of the Government. After a thorough market research concluded by United States Army Combat Capabilities Development Command Armaments Center over the past few months, it has been determined that no other brand name commercial software exists on the market that can be modified to meet the agency’s minimum needs.

No existing contract vehicles are able to be leveraged. The products fall within the commercial items definition as it is customarily used by the general public and has been sold, leased, or licensed to the general public. Source selection risks are not applicable as the products must be procured from a single source. The Government is one buyer of these products among many. The acquisition strategy to be used is a direct purchase order to IriTech, a small business because they are the only entity able to meet the requirement.

8. Other Facts: N/A

9. 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.

Typed Name: Tara Elms Henderson Date: 19 February 2021 Title: Lead Procurement Coordinator, WSEC (FCDD-ACW), 973-724-4672

Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Elizabeth A. Horak Date: 19 February 2021 Title: Contracting Officer

Signature: