DON SAP Single Source MAKAI 2025_Redacted.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:

This requirement is for the renewal of four licenses of Makai Plan Pro and Makai Lay software from Makai Ocean Engineering Inc. and the annual customer support, in support of Naval Facility Engineering Command (NAVFAC), Ocean Department and its sub-divisions, OC1, OC2 and OC8. The software license renewals are required to complete analyses.

critical to NAVFAC’s mission of providing safe Fleet Moorings for the US Naval Fleet. This software has been approved by Navy Functional Area Manager (FAM), and is registered in the Defense Automated Document Management System (DADMS) associated to NAVFAC.

for use at OC1, OC2 and OC8 divisions in the Ocean Department. In addition, this acquisition will deliver the necessary capabilities with no disruption to operations, ensuring.

continued benefits and operational support and represent the minimum requirement of the Government.

Place of Performance: 1100 23rd Ave. Port Hueneme CA 93043, NAVFAC-EXWC OC10, OC20, OC80.

The period of performance dates of this contract will be 12 months from award date. The total estimate cost for this project is .

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

COMPETITION IS BASED ON THE FOLLOWING:

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. _X_ 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.

The Makai Plan Pro and Makai Lay software from Makai Ocean Engineering Inc. is the only one available. Makai software has been used at the Naval Facility and Expeditionary Center, (NAVFAC EXWC) for over 10+ years. The effort required to retrain our staff and recreate previous analytical solutions for comparison to new solutions is not productive and cost effective.

Thus, the renewal of technical support of four licenses are required for technical, training, comparative, economical reasons and meeting customer/sponsor requirements. The software license renewals are required to complete analyses critical to our mission of providing safe Fleet Moorings for the US Naval Fleet.

3. ___ OTHER REASONS.

The effort required to retrain our staff and recreate previous analytical solutions for comparison to new solutions is not productive and cost effective. Thus, the renewal of technical support of six licenses and the procurement of one additional license are required for technical, training, comparative, economic reasons and meeting customer/sponsor requirements.

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

The Makai software from Makai Ocean Engineering Inc is the only one available. Makai Plan Pro and Makai Lay Software has been used at the Naval Facility and Expeditionary Center, (NAVFAC EXWC) for over 20+ years. The effort required to retrain our staff and recreate previous analytical solutions for comparison to new solutions is not productive and cost effective. Thus, the renewal of technical support of four licenses are required for technical, training, comparative, economic reasons and meeting customer/sponsor requirements. The software license renewals are required to complete analyses critical to our mission of providing safe Fleet Moorings for the US Naval Fleet.

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.