DnF for OTFOC_Unity Pro (REDACTED).doc

DETERMINATION & FINDINGS FOR OTHER THAN FULL & OPEN COMPETITION

(ACTIONS SAT AND BELOW)

BRAND NAME SOLE SOURCE

1. DESCRIPTION OF PROPOSED PROCUREMENT: Quantity ten (10) one (1) year Unity Pro Licenses, to include quantity 50 asset store credit for purchase of simulation elements and quantity 50 unity learning services credit for software support and access to existing online training.

2. PROPOSED CONTRACTOR/MANUFACTURER:

Manufacturer:

Unity Technologies ApS Vendersgade 28, 1 København K, 1363 Denmark Cage Code: R7432 Large Business Expiration Date: 31 July 2021

Authorized Reseller:

GC Micro Corporation 3910 Cypress Drive

Petaluma, CA 94954

Cage Code: 78783

Large Business Expiration Date: 04 December 2020

3. ESTIMATED TOTAL VALUE: [REDACTED]

4. STATUTORY AUTHORITY PERMITTING CONTRACTING WITHOUT PROVIDING FOR FULL AND OPEN COMPETITION: The statutory authority permitting sole source is 41 USC 1901(e), implemented by FAR 13.106-1(b)(1)(i):

_X__ Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

___ Unusual and Compelling Urgency

___ Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services

___ International Agreement

___ Authorized or Required by Statute

___ National Security

___ Public Interest

5. JUSTIFICATION FOR THE AUTHORITY CITED ABOVE:

The item(s) listed in section one above is available from only one source and competition is precluded for reasons indicated below. There are no substitutes available.

___ Compatibility: The item(s) must be compatible in all aspects (form, fit, and function) with existing systems presently installed. Describe the equipment you have now and how the new item/service must coordinate, connect, or interface with the existing system:

_X__ Proprietary: A patent, copyright, or proprietary data limits competition. The proprietary data are described as follows:

The Army Research Laboratory (ARL) [REDACTED] requires the purchase of ten (10) Unity Pro Software Licenses to perform robot simulation testing and experimentation, to include quantity 50 asset store credit for purchase of simulation elements and quantity 50 unity learning services credit for software support and access to existing online training. Unity Pro is a standard proprietary software application used widely across the Department of Defense (DoD) and Army to perform [REDACTED] procure the aforementioned requirement as illustrated in Section 1 from Unity Technologies ApS or their authorized reseller, GC Micro Corporation.

Market research determined that the only sources capable of supplying the Unity Pro license is Unity Technologies ApS, and their authorized reseller, GC Micro Corporation. In an email from Unity Technologies, dated 11 May 2020, it was confirmed that the only two (2) ways to procure the Unity Pro License is either directly from Unity Technologies ApS or their sole reseller, GC Micro Corporation. It was also determined that these licenses are not available via the Army Computer, Hardware, Enterprise Software and Solutions (CHESS) website and a statement of non-availability (SoNA) was obtained to support this purchase. Therefore, it’s in the Government’s best interest to solicit this requirement as a brand name sole source, as there is only one (1) manufacturer of the required licenses, and one (1) authorized reseller.

___ Experimental Continuity: The item(s) must be consistent with prior materials in order to ensure experimental continuity. Describe the conditions that necessitate the use of experimental continuity:

___ Warranty: Purchasing item(s) from another manufacturer/provider would void existing warranty. Provide a brief explanation for the use of this reason and the impact that would occur if the item was purchased from another manufacturer/provider:

___ Direct Replacement: These are “direct replacement” parts/components for existing equipment and no substitutes exist.

___ Other reasoning to support a sole-source buy:

6. FAIR AND REASONABLE PRICE DETERMINATION:

It has been determined that the anticipated cost to the Government will be fair and reasonable and that approval of this recommendation is in the best interest of the government. This justification is accurate and complete to the best of my knowledge and belief.

Template last updated 4/23/2018