FOE_JA_ESRI_29_Aug_2019_Redacted.pdf

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY – FOE J&A

Fair Opportunity Exception (FOE) Limited Source Justification and Approval (J&A)

(For use when limiting sources IAW FAR 8.405-6 or 16.505(b)(2))

Project/Program Name ESRI GeoSpatial Software Licenses and Maintenance

Component/PEO/Other COMNAVSPECWARCOM.

Estimated Contract Cost (including options): .

FOE

J&A No. GGenerated when eentered in log

1. Agency and Contracting Activity: (FAR 8.405-6(c)(2)(i))

Agency: USSOCOM

Contracting Activity: COMNAVSPECWARCOM

2000 Trident Way, Bldg. 624 San Diego CA 92115-5599

2. Description of Action: (FAR 8.405-6(c)(2)(ii)) Bridge Action (Yes No )

This acquisition is conducted under the authority of the Multiple Award Schedule Program (Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251, et seq.) and Title 40 U.S.C. 501, Services for Executive Agencies) Approval is requested to issue a new, Firm-Fixed Price (FFP) order with FFP options using Operations & Maintenance funds for an estimated amount of to include a base period plus four option years.

3. Description of Supplies/Services: (FAR 8.405-6(c)(2)(iii)) Naval Special Warfare Command (NAVSPECWARCOM) utilizes Geographic Information Systems (GIS) software licenses and maintenance support for brand name ArcGIS desktop products provided through Environmental Science Research Institute (ESRI), who produces and maintains sole proprietary copyrights of the ArcGIS product line of commercially available geographic spatial intelligence information systems software. ArcGIS server products and other related ArcGIS desktop products and technical support are currently in-use within NAVSPECWARCOM as a GIS to conduct Geospatial Intelligence (GEOINT) analysis. ArcGIS desktop software and applications allow analysts to process raw data and produce tailored GEOINT products to meet operational commander’s mission objectives and requirements, both

FOR OFFICIAL USE ONLY – FOE J&A

in-garrison and/or while deployed. ArcGIS server-based software and applications provide the visualization, collaboration and distribution of geospatial data and products to NAVSPECWARCOM intelligence and operations personnel. Since NAVSPECWARCOM has already purchased ESRI ArcGIS software previously, the purpose of this contract will be for the required license renewals, maintainenance and technical support, updates, and training on the ArcGIS software & applications.

4. Authority Cited Permitting Limited Sources or Fair Opportunity

Exception and Rationale: (FAR 8.405-6(a)(1)(i)) FAR 8.405-6(a)(1)(i)(B), “Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.”

Only one company, ESRI, is capable of providing the supplies or services, specifically software systems defined herein, at the level of quality required because the software is unique and highly specialized. ESRI produces and maintains control of the ArcGIS product line of commercially available geographic spatial intelligence information systems software and has sole proprietary copyrights to this software. All licensing and support is provided through ESRI. ESRI does have agreements with third party distributors to sell some of the ArcGIS product line software;

however, the third party distributors are not able to provide all products required herein nor the maintenance or support for the software capabilities which is also required. No other item can fulfill the technical capabilities that the ArcGIS software product line provides and only ESRI can provide the software, annual support and maintenance NAVSPECWARCOM requires.

NAVSPECWARCOM current and future GEOINT architecture is based on already purchased ArcGIS desktop and server software. The required effort is intended to provide updates and maintenance to NAVSPECWARCOM existing software capabilities and provide continuity to the ArcGIS desktop software and server based software. Additionally, the ArcGIS software seamlessly integrates with National Intelligence Community, Department of Defense, and USSOCOM GEOINT community, which all interact with NAVSPECWARCOM ArcGIS users.

Also, the ArcGIS software is taught throughout the Navy, National Geospatial-Intelligence Agency and Joint GEOINT and Full Motion Video Processing, Exploitation and Dissemination training pipelines. The familiarity with the software from an end user perspective cannot be duplicated easily with new or different software. More than 100 users would be required to be trained with new software which would take additional time and funding. The cost to train one person is approximately $2,500.00. The total estimated cost to introduce and train a new software application to all NAVSPECWARCOM ArcGIS users is estimated at $250,000.00 not including training time, cost of curriculum development, travel, per diem and other associated costs.

Additionally, substituting a different software would require modifications to the existing infrastructure which would also result in a duplication of effort, cost and time. As a result, utilizing any geographic information systems software other than the ArcGIS software would substantially result in more than a year of delays to modify the existing infrastructure capabilities, several months to train all personnel and to get all software fielded. The overall duplication in cost and effort would not be recouped through competition.

FOR OFFICIAL USE ONLY – FOE J&A

5. Efforts/Actions to Increase Competition: (FAR 8.405-6(c)(2)(viii))

The notice will be posted with the solicitation as it cites a brand name.

A notice will be posted within 14 days of contract award (30 if based on urgency).

The notice was not publicized as required by FAR 5.2. If a notice was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was: .

6. Market Research: (FAR 8.405-6(c)(2)(vi)) The ESRI ArcGIS product line is proprietary commercially available software. It is not a feasible nor efficient use of Government funding to purchase the data rights to this software from ESRI as it would not be in the best interest of the Government to assume responsibility for its upkeep. The software development and maintenance costs alone would far exceed the cost of purchasing the software, licensing and technical support provided by ESRI.

There are similar GIS software in the marketplace, but none have the breadth of the ArcGIS software suite and none are the industry standard. NAVSPECWARCOM has already purchased ESRI ArcGIS software and seeks this contract to maintain, update, and train on the software & applications. Since ESRI owns & creates the software, patches, and updates, no other market competitor can adequately update the existing NAVSPECWARCOM software.

7. Interested Sources:

ESRI, 380 New York St., Redlands, CA 92373-8100, TEL 909-793-2853

8. Other Facts Supporting the Justification: (FAR 8.405-6(c)(2)(vii)) Evaluation of non-DoD contract was conducted in accordance with DFARS 217-8 for supplies or services for geo-spatial intelligences ArcGIS product line licenses, support and maintenance available from ESRI.

A justification was completed in accordance with FAR 8.405-6(c). A determination and finding for use of a non-DoD contract was completed.

Acquisition procedures at PGI 208.7403 will be followed in accordance with DFARS 208.7403.

FOR OFFICIAL USE ONLY – FOE J&A

9. Technical and Requirements Certification: (FAR 8.405-6(c)(2)(x))

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief:

NAME: _ TITLE:

SIGNATURE: DATE: _________________ 29 Aug 2019

FOR OFFICIAL USE ONLY – FOE J&A

10. Fair and Reasonable Cost Determination: (FAR 8.405-6(c)(2)(ix) and FAR 8.405-6(c)(2)(v))

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based on analysis conducted per FAR 8.405-2(d) and FAR 13.106 and the overall award will result in the best value for the Government.

CONTRACTING OFFICER SIGNATURE IN SECTION 11 BELOW ALSO SERVES AS THE

PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

11. Contracting Officer Certification: (FAR 8.405-6(c)(2)(ix))

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

NAME: TITLE:

SIGNATURE: DATE: _________________29 Aug 2019

FOR OFFICIAL USE ONLY – FOE J&A

12. Legal: (SOFARS 5601-1)

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

NAME: TITLE: _______

SIGNATURE:

FOR OFFICIAL USE ONLY – FOE J&A

13. Agency Advocate for Competition (AAC): (SOFARS 5601-1)

I have reviewed this document and find the J&A adequate to support other than full and open competition:

NAME: ____ TITLE:

SIGNATURE: DATE: _________________

8/29/19