Fully signed JA_Redacted2.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

IN REPLY REFER TO

J&A Number:DN-21-0179 Code:

Date: 6/21/2021

JUSTIFICATION AND APPROVAL

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Dahlgren Division (NSWCDD), Contracts Department

2. Description of the Action Being Approved

Award of a firm fixed priced contract on a sole source basis for critical equipment to be used by the

, manufactured by BAE Systems Australia Limited.

3. Description of Supplies/Services

The Government requires software maintenance and scheduled upgrades for 14 each Ship Air Defence Model (SADM) software licenses. Delivery is required by 1 August 2021 for 12 months of licensing and support with one (1) 12-month option period to follow.

The Government's minimum needs have been verified by the certifying technical and requirements personnel.

The estimated cost of the proposed contract action is . The following funds will be provided, which was estimated utilizing one (1) Australian dollar (AUD) = 0.80 United States Dollar (USD) exchange rate, for this procurement:

Estimated Dollar Value FY21 FY22 Totals

OPN $11,085.71

RDT&E $306,514.29

Total $155,200.00 $162,400.00 $317,600.00

NCH 53.6-2

4. Statutory Authority Permitting Other Than Full and Open Competition

41 U.S.C. 1901 as implemented in FAR Subpart 13.5.

5. Rationale Justifying Use of Cited Statutory Authority

The SADM licenses and any applicable add-on) are only available from BAE Systems Australia (BAESA). BAESA is the original manufacturer of the software and retain proprietary rights on all their licenses and software updates. There are no other vendors or distributors of this software and only BAESA can make changes to their software. The SADM is the only modeling and simulation (M&S) software that (1) is programmed to

; (2) is adapted to US Navy and (3) incorporates actual US Navy in its models. This software offers capabilities not found in other M&S programs. The Government has previously procured these licenses under Delivery Order Number N00178-09-D-3033 awarded to BAESA on 11 August 2009.

Additionally, the Government awarded a follow-on Delivery Order Contract Number N00178-16-D-2024 to BAESA on 21 June 2016. Due to the proprietary rights of the SADM licenses, none of the procurements have been competitive. The Government is requesting to procure the same number of licenses that were procured on Delivery Order Number N00178-16-D-2024, Delivery Order N0017820FD528 and are currently in use.

The NSWCDD has invested approximately $400,000.00 in development of SADM-specific data files that model current shipboard systems executing operational scenarios and are used to predict future system requirements and design. The NSWCDD further invested more than $1,307,196.00 in licenses, access to elements of the SADM source code, and updates to the SADM software. The SADM licenses and support are being procured to support work directed and funded by the ONR. These ONR efforts are follow-ons to previous ONR work based primarily on the use of SADM as a modeling and analysis tool. Significant government software developments based on SADM were produced, and the planned re-use of this government code base makes it impractical to seek alternative models to SADM. Additionally, to maintain the collaboration with other

, it is necessary to continue M&S efforts in the SADM software. The also solely use

SADM software and if NSWCDD used different software the ability to collaborate would be severely restricted. To procure another fully functional and satisfactory software package would require a duplication of costs exceeding the $1,707,196.00 invested to date that would be unlikely to be recovered through full and open competition.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

The NSWCDD has continued to engage in market research by participating in DOD related Modeling & Simulation (M&S) conferences and symposiums; on-going collaboration with other organizations work and on-going collaboration with NSWCDD M&S organizations and branches that use models for warfare development. Additional market research included contacting the software developer to determine if authorized resellers exist. This market research has shown that only BAE Systems Australia Limited can provide this proprietary software and support.

The proposed contract was synopsized on the BETAsam.gov website on 25 May 2021 and only BAE Systems Australia Limited expressed interest in this requirement. No additional market research will be conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than BAE Systems Australia Limited to provide the required equipment.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the equipment covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, Dahlgren Contract Department has no plans at this time to compete future contracts for the type of equipment covered by this document. If another potential source emerges, Dahlgren Contract Department will assess whether competition for future requirements is feasible.

J&A Number:DN-21-0179

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2( ))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting data, are complete and accurate to the best of my knowledge and belief.

Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2( )(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Mirenda Robertson, Contracting Officer, 026, Phone No., Date