16r01_jrdover100k_Redacted.pdf

COORDINATION AND APPROVAL DOCUMENT

(also known as Justification Review Document)

CONTRACTING ACTIVITY: Air Force Research Laboratory/RIK, 26 Electronic Parkway, Rome NY 13441-4514

PURCHASE REQUEST/LOCAL IDENTIFICATION NUMBER: FA8751-16-R-0001

PROGRAM NAME (and Program Element, if applicable): Mathworks Software and Maintenance

ESTIMATED CONTRACT COST (including options):

TYPE PROGRAM: Other Contracting

AUTHORITY: 10 USC 2304(c)( 1)

TYPE J&A: Individual

COORDINATION

Contracting Officer: _________________________________________ _____________ Date Signed

Legal Reviewer: _________________________________________ _____________

Local Small Business Office: See DD Form 2579 for local Small Business Office approval.

APPROVED

COMPETITION ADVOCATE, AFRL/RIK

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY

AFRL/RIKO, 26 Electronic Pkwy, Rome NY 13441

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

This is a Justification for Other than Full and Open Competition for the establishment of a 5-year Indefinite Delivery Indefinite Delivery Indefinite Quantity (IDIQ), Firm Fixed Price (FFP) contract for Mathworks software and software maintenance. This requirement is to be procured by the Operational Contracting branch at the Air Force Research Laboratory Rome Research Site.

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The products to be acquired under this contract consist of Mathworks software, including Matlab, Simulink, and PolySpace product families as well as add-on toolkit and Blockset modules, which are available through the company’s commercial product list. In addition, this contract will provide maintenance, support, and license renewals in periods not to exceed one year. Either O&M (3400) or R&D (3600) appropriations will be used to fund each individual order. The exact quantities and delivery times are not known in advance.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION

10 USC 2304(c)(1), only one responsible source and no other supplies or services will satisfy agency requirements.

V. DEMONSTRATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATIONS OR NATURE OF THE

ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED ABOVE (APPLICABILITY OF

AUTHORITY)

The authority stated above permitting other than full and open competition is applicable since award to any source other than Mathworks will cause a substantial duplication of cost to the Government that is not expected to be recovered through competition.

Between December 2010 and October 2015 AFRL/RIKO has issued 93 purchase orders (POs) for Matlab software and software maintenance (including support and license renewal). The requirements have been fulfilled for a variety of organizations at AFRL/RI, totaling approximately $ Approximately 55% of the POs were for software and 45% for maintenance and support. The developer of the commercial Matlab software and maintenance provider is Mathworks, a large business. While there are several small businesses that can resell the software and maintenance, Mathworks has offered the Government, but not the resellers, a 25% discount off the commercial list price for software. Analysis of the previous years’ requirements indicates that it is in the Government’s best interest to establish an ordering mechanism that streamlines pre-award efforts.

Market research revealed that similar mathematical software includes SciLab, Mathematica, and Modelica. Each of these have a syntax which is different than the one used for Mathworks products. As such, it is the Government’s understanding that current Mathworks platforms in use throughout AFRL would not be fully interoperable with any of these alternative products. The software development effort required to convert these products to be compatible with existing Mathworks platforms would require significant research, testing, and programming resources, as well as training for Government users and conversion of existing work. In addition, some of these products are community-based and, as such, have uncertain maintenance and support capabilities.

Mathworks is not directly available through a pre-existing Government-wide contract or DoD Enterprise Software Agreement. Establishing an IDIQ will eliminate duplicative efforts with respect to acquisition planning, small http://www4.law.cornell.edu/uscode/html/uscode10/usc_sec_10_00002304----000-.html business coordination, solicitation, and pre-award evaluation.

Accordingly, Mathworks is the only firm capable of providing the software products and software maintenance and support described in Section III above without the Air Force experiencing substantial duplication of cost, consisting of existing AFRL investment in Mathworks products, duplicative acquisition planning, coordination, and evaluation, as well as costs related to training, installation, software development, engineering, maintenance, and support, that is not expected to be recovered through competition.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

A Notice of Proposed Contract Action was posted on FedBizOpps from 27 October 2015 to 11 November and no responses were received.

Further, a search of Enterprise Software Initiative (ESI) and GSA Smartbuy web sites yielded no results. In addition, an exception/waiver has been provided with a determination that Mathworks is outside the scope of the Netcents-2 Mandatory Contract Vehicle for information technology due to the high price markup and general inability to compete with the pricing discount offered by the software publisher, Mathworks.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE

The Contracting Officer anticipates the cost to Government will be fair and reasonable based on a complete analysis of the contractor’s prices in accordance with applicable and appropriate FAR 13.106-3(a)(2)(ii) Comparison of proposed price with prices found fair and reasonable on previous purchases of the same or similar items in the same industry, and FAR 13.106-3(a)(2)(iii) Current price lists, catalogs, or advertisements.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS, OR A

STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT CONDUCTED

Internet research was conducted to determine alternative product offerings and to find open-market sources. No potential offerors capable of providing the entirety of the Mathworks product and software maintenance line without causing the Government to incur a substantial increase in costs and duplication of costs not expected to be recovered through competition has been identified as a result of this market research.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION

N/A

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE ACQUISITION

None

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 synopsize the requirement; if any information is received from potential offerors that indicates the availability of fully interoperable software and maintenance from sources other than Mathworks, that information will be considered by the Governemnt as it affects this current and any future procurements for similar products and the Governemnt will evaluation all offers received. The market will continue to be monitored for alternate solutions.

XII. CONTRACTING OFFICER’S CERTIFICATION

The contracting officer’s signature on the Coordination and Approval Document evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

As evidenced by their signatures on the Coordination and Approval Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete.