G16b - JA DSGS_Consolidation Redacted.pdf

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

No Magic Inc. (acquired by DS Government Solutions Corporation) is the original designer, developer, and manufacturer of the Cameo System Modeler toolset. As the designer, developer and manufacturer of the Cameo Systems Modeler toolsets and plug-ins, DS Government Solutions retains the technical data rights to the design and implementation. Therefore, DS Government Solutions is the sole company that can perform the product re-mix to convert existing product to alternative products. Market research has resulted in DG Government Solutions Corp. being the only source that can meet the Government’s requirements for the products and software maintenance per FAR 6.302-1(a)(2)(ii). Based on the customer’s market research and previous purchase orders since FY17, this requirement should be considered as a follow-on requirement for the customer to continue to receive support services for their acquisition.

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

A Sources Sought was publicized on 9 August 2022 as a Brand Name Specific requirement (DS Government Solutions) on the SAM website to determine if there are any interested parties who could meet the requirement. As a result, no other source or authorized distributor of DS Government Solutions expressed an interest in the requirement. In accordance with FAR Part 12, a Notice of Intent was posted in SAM on 25 August 2022.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. An analysis of proposals will be performed by Technical Analysts and the Contract Specialist. As discussed in this paragraph, the Contracting Officer will use price analysis as the basis of determining the price as fair and reasonable for the supplies covered by this J&A. Information related to prices including established catalog prices and previous procurements for commercial and Government purchases will be utilized in justifying a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

The NIME Team will continue to conduct market research for products to evaluate emergent technologies and architectures that would allow future competition. At this time, DS Government Solutions is the only source that meets the Government’s requirements and the sole provider for the required product re-mix support. If another potential source emerges, the NIME Team, in conjunction with the Naval Systems Commands, will assess whether competition for future requirements is feasible.