Apex_justification_and_approval_document_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

Updated: 15 Mar 16

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

< $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: AFSC/PZIMB

Purchase Request / Local ID Number:

Program / Project (and PE, if applicable): Apex Rational Software Maintenance Agreement

Program Type (PEO or Other Contracting): Other Contracting

Authority (include full title): 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1)-6.302-1(a)(2)(ii)(B) Only One Responsible Source and No other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): $176,710.00 J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

19 Mar 2018

Signature

25 Jan 2018

APPROVAL (AFFARS 5306.304(a) )

19 Mar 2018

Updated: 15 Mar 16

I. Contracting Activity.

Department of the United States Air Force

Tinker AFB OK 73020

II. Nature and/or description of the action being processed.

This Individual Justification and Approval (J&A) authorizes use of other than full and open competition procedures to procure:

33 each MNT-DAEB5340F-T2 APEX/ADA Embedded Base v4.2 License 05 each MNT-DANEE5000F-T2 APEX/ADA Enterprise v4.4 License

The resulting New Contract is sole source, requirements type, negotiated action for a commodity with associated services.

Commercial Commodity, Contract Type: Firm-Fixed Price (FFP).

The Contractor shall supply license keys and provide product updates, patches, fixes, upgrades, and version releases for all software purchased. The Contractor shall ensure the items are fully operational.

Contractor:

PTC Inc.

Cage Code: 0K0D7 140 Kendrick St Needham, MA 02494-2739

Total Estimated Cost of License and Support: $176,710.00

Estimated Award Date of Contract: 30 March 2018

Acquisition History: This is a new requirement.

III. Description of supplies/services required to meet agency needs.

Under this contract, the Contractor shall provide the following:

33 MNT-DAEB5340F-T2 APEX/ADA Embedded Base and five (5) MNT-DANEE5000F-T2 APEX/ADA Enterprise

CLIN structure provide below:

0001 (33) MNT-DAEB5340F-T2

0002 (5) MNT-DANEE5000F-T2

Total Estimated Cost: $176,710.00

Delivery Date: 30 April 2018

The goal of this procurement is to provide the 558th Software Maintenance Squadron the products to analyze, develop, test, and sustain Operational Flight Programs for the E-3 AWACS weapon system.

IV. Statutory authority permitting Other than Full and Open Competition.

The authority for this action is 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2)(ii)(B) "Only One Responsible Source

Updated: 15 Mar 16 and No Other Supplies or Services Will Satisfy Agency Requirements", required by FAR 6.303-2(b)(4).

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Only One Responsible Source (FAR 6.302-1(a)(2)). PTC is the original equipment manufacturer (OEM) for the PTC Apex Ada.

PTC retains all the data rights to this software and is the sole distributor.

Market research was conducted and it was found that PCT, Inc. is the only source that can meet all requirements as all are proprietary to them. Results from the Sources Sought Synopsis indicate that PTC is the only contractor that can meet the requirement.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

IAW FAR 10.001, Market Research was performed by a Sources Sought Synopsis (SSS) and was posted to FedBizOps on 28 February 2018 with a response date of 14 March 2018. The SSS number was FA8126-18-R-0007. The purpose was to identify sources interested in the requirement who are capable of satisfying the needs of the Government.

The results of the SSS was that only one vendor was capable of providing the software and support:

PTC Inc.

Cage Code: 0K0D7 140 Kendrick St Needham, MA 02494-2739

Additional research was conducted through several INTERNET sites and GSA contracts. The Government contacted companies by telephone, via e-mail and conducted site visits for vendors to show specifications required. However, based on the requirements, only PTC can meet all the specifications.

In accordance with (IAW) FAR 5.201 this proposed contract action was synopsized and solicitation in FedBizOpps.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer will ensure that the items described herein are negotiated at a fair and reasonable price to the Government and Contractor. Being a commercial item, Certified Cost and Pricing Data cannot be requested, however, Other than Certified Cost and Pricing Data and redacted invoices of similar software/support provided at other installations or places of business will be used for comparison purposes. Price reasonableness will be determined using price analysis IAW FAR 15.404-1(b), and supported by a technical evaluation and analysis by the Subject Matter Expert (SME).

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, market research, in accordance with (IAW) FAR 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. Based on the research of contractors listed in prior market research on historical contracts, along with conducting new searches for vendors that could have possibly entered the industry, only one source was found to have the capabilities, technology and expertise to fulfill this requirement adequately.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

No further information at this time.

Updated: 15 Mar 16

X. List of sources, if any, that expressed interest in the acquisition.

See Section VI above.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

The Government will continue to monitor the market to determine is PTC has any authorized distributors. We will also search the market to see if any other manufacturers can develop a software program and maintenance agreement to meet the agency's needs. As of now PTC retains all the data rights to this software and is the sole distributor.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by our signatures above, we certify that any supporting data contained herein, which is our responsibility, is both accurate and complete.