DON SAP Single Source FY24 Leapfrog_Redacted.pdf

DON SAP SINGLE SOURCE

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Subj: ACQR 6030377: 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:

The Navy Geothermal Program Office (GPO) requires software licensing and support for Leapfrog Energy to continue generating 3D geologic and geothermal models, numerical models, reservoir models, and grids. The software will be capable of visualizing forecasting models and performing other data calculations and analyses as required.

The NAICS for this procurement is 513210- Software Publishers, and the Product Service Code for this procurement is DA10 IT and Telecom- Business Application/ Application Development Software as a Service.

The intent is to issue a single award, Simplified Acquisition, Firm-Fixed Price (FFP) contract.

The term of the proposed contract will be for one (1) base year plus four (4) option years, per the below table.

Time Frame Period of Performance Base Year Starts after the award date 1 calendar year Option Year 1 Starts after base year 1 calendar year Option Year 2 Starts after option year 1 1 calendar year Option Year 3 Starts after option year 2 1 calendar year Option Year 4 Starts after option year 3 1 calendar year Total 5 calendar years

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

COMPETITION IS BASED ON THE FOLLOWING:

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A. X 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. X OTHER REASONS.

GPO has utilized Leapfrog Energy and its predecessor, Leapfrog Geothermal, for the last four (4) years to create 3D geologic and geothermal models of the Coso Geothermal Field at Naval Air Weapons Station China Lake, CA. This software has been crucial for the oversight of the Coso Geothermal Field and the exploration of geothermal resources at or near other DoD installations.

The expiration of GPO’s Leapfrog Energy subscription has resulted in a halt in work, preventing GPO from progressing with reservoir models, evaluating the geologic model for the Coso Geothermal Field, and conducting a 3D evaluation of the well field using micro-earthquake data.

All 3D visualization and analysis data have been compiled and specifically formatted for import into Leapfrog Energy. Moreover, market research has shown that other 3D geologic visualization and modeling software is available, but they are primarily designed to support the needs of the oil and gas industry and environmental contamination in water reservoirs. Their functionality differs from the mechanics of geothermal reservoirs. Therefore, utilizing other software for this purpose would necessitate additional cost and time to reconfigure the software to meet the needs of the GPO.

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

C. 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:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

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IV. CERTIFICATIONS/APPROVALS:

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.

Contracting Officer Approval I certify that this Justification is accurate and complete to the best of my knowledge and belief.