N3225317MP14103_JA_Redacted.pdf

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Subpart 13.5

Purchase Request Number:

Contract Number: To be determined (TBD) Task/Delivery Order Number: TBD Procurement Title: Naval Shipyards New River Kinematics Spatial Analyzer Software Support Renewal and Additional Licenses Estimated Value:

Statutory Authority: Section 4202 of the Clinger-Cohen Act of 1996, FAR 13.501, and FAR 6.302-1

JUSTIFICATION FOR OTFAOC

Justification for OTFAOC Number: Not Applicable

Upon the basis of the following justification, I, as , hereby approve the use of OTFAOC of the proposed contractual action pursuant to the authority of Section 4202 of the Clinger Cohen Act of 1996. The regulatory authorities that apply to the requirement are FAR Subpart 13.051, Test Program for Certain Commercial Items and FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

1.REQUIRING AGENCY AND CONTRACTING OFFICE:

a. Requiring Agencies:

b. Contracting Office:

New River Kinematics Spatial Analyzer Software Support and Additional Licenses

Page 2 of 9 Pages

2. NATURE/DESCRIPTION OF ACTION(S):

a. The nature of this requirement is to procure a renewal of brand name, commercial off the shelf, Spatial Analyzer Software Support. This procurement will perpetuate existing coverage under contract , which expires August 26, , and will also perpetuate existing coverage for additional software for the Naval Shipyards that was purchased through separate contracts expiring October 30, November 06, , November 22, and April 29, . This will be a firm fixed price purchase order to the original equipment manufacturer (OEM), who has proprietary rights to the existing software support and does not have authorized resellers for the Spatial Analyzer software support.

b. The period of performance is for 1-year, estimated to begin August 27, through

August 26, for Norfolk Naval Shipyard (NNSY), Pearl Harbor Naval Shipyard (PHNSY) (with exception of software keys 7462 and 7479), Portsmouth Naval Shipyard (PNSY) (with exception of software key 8540), and Puget Sound Naval Shipyard (PSNSY) (with exception of software keys 8255, 8286 and 8287) software support. Puget Sound Naval Shipyard software 8255 will have a period of performance of November 31, through August 26, and software 8286 and 8287 will have a period of performance of November 07, through August 26, . Pearl Harbor Naval Shipyard software key 7462 and 7479 will have a period of performance of November 23, through August 26, . Portsmouth Naval Shipyard software 8450 will have a period of performance of April 30, through August 26, .

The different start dates are required to co-term all software support to end on August 26, for the Naval shipyards.

c. The total estimated lifecycle price is . Fiscal Year funds have been provided for this procurement under Military Interdepartmental Purchase Request Numbers

. The applicable North American Industry Classification System code is 511210, Software Publishers with a $38.5 million size standard.

3. DESCRIPTION OF SUPPLIES/SERVICES:

a. The required Spatial Analyzer software is currently used at NNSY, PSNSY, PNSY, PHNSY, and all of their satellite activities. This software support is essential to utilize existing Navy Portable Coordinate Measurement Machine (PCMM) devices at NNSY, PSNSY, PNSY, and PHNSY. This support will provide all required software updates, upgrades, fixes, and patches.

b. The Spatial Analyzer software is a traceable metrology 3D graphical software platform that can simultaneously communicate to virtually any number and type of dimensional measurement system. It is utilized by various shops and codes, including structural, machine shop, sheet metal, temporary services and nuclear, and supports existing laser scanners, laser trackers, gage arms, romer arms, total stations and videogrammetry. These systems are utilized for catapult alignment, submarine and surface ship hull work, weapon system inspection, nuclear jobs, manufacturing and overhauling parts for nuclear submarines, and other inspection activities. These activities take place at the Naval Shipyards and various off-station sites. The Spatial Analyzer software is also used by the Naval Shipyards to operate various measurement

Page 3 of 9 Pages tools and to analyze the data obtained and is unique in that it is used to operate Shipyard Production and measurement instruments no matter who manufactured them. The Spatial Analyzer software is the Navy standard for use with portable industrial metrology equipment.

c. A description of the requested products for this renewal is listed below:

Part # Keys Quantity POP

NORFOLK NAVAL SHIPYARD

SA GRP LIC

EXT

Group License Support Term 1

SA GRP UL

NTWK EXT

Master Group Network License 8010 valid for 12 Nodes

PEARL HARBOR NAVAL SHIPYARD

SA UL+

EXT

2147-2162-3554-6604-6605-6606-6795- 7525-6796-6798

SA UL+

EXT

7462, 7479 2

PORTSMOUTH NAVAL SHIPYARD

EXT

1657-3596-3740-4185-4186-4187-5997- 6456-7352-7353-7593-CL..RtYc

SA UL+

8450 1

PUGET SOUND NAVAL SHIPYARD

EXT

2111-2481-2566-2687-4207-4759-4761- 5114-5522-5523-5568-5908-6144-6757-6758- 7508-7511-8009-8289

19 -

8255 1

8286, 8287 2

4. IDENTIFICATION OF STATUTORY AUTHORITY:

Only one responsible source and no other supplies or services will satisfy agency requirements, Section 4202 of the Clinger-Cohen Act of 1996 and FAR 6.302-1/Defense FAR Supplement 206.302-1.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

a. Description of events. New River Kinematics Spatial Analyzer software have been fully implemented, including design, creation, configuration, testing, training, and migration of the operational set of users into the Naval Shipyards infrastructure for over four years. Currently

Page 4 of 9 Pages the New River Kinematics Spatial Analyzer Software is the only authorized software of its kind for use by the Navy under the DON’s Application and Database Management System (DADMS). In addition, it is the only software application within its designated Operational Activity taxonomy area and is the only application that performs the required business or war fighting function.

b. Justification.

(1) Minimum Government requirements. The minimum Government requirement is for software support as identified in section 3.c. above.

(2) Proposed sole source contractor: New River Kinematics. New River Kinematics is the OEM of the required, proprietary, Spatial Analyzer software and support and is the only source capable of satisfying the Government’s requirement.

(3) Discussion regarding cause of the sole source situation. Only New River Kinematics, the OEM, will satisfy this requirement, as the Spatial Analyzer software is proprietary and they own the copyrighted source software with all legal rights, privileges, and ownership contained therein. No other contractor or distributor can duplicate the software without violating the copyright and patent laws that protect the New River Kinematics software.

(4) Demonstration of unique source. As referenced above, the Spatial Analyzer software is proprietary to New River Kinematics. Only New River Kinematics will be able to satisfy the requirement for the Spatial Analyzer software support.

New River Kinematics does not allow authorized resellers to sell to the Government.

(5) Procurement discussion. Naval Shipyards have made a significant investment, in excess of procuring New River Kinematics Spatial Analyzer software, licenses, and continued software support in the past four years. In addition, the Naval Shipyards have invested over in installation, configuration, and training costs. It is necessary to leverage this investment and continue to meet their mission of overhauling Naval Ships and Submarines.

Considering the amount of investment the Navy has made in the Spatial Analyzer software, it is neither realistic nor advantageous to replace the current software at this time.

(6) Impact. Procuring another software solution would not only result in a loss of the initial investment of , but would also result in significant duplication of costs and unacceptable delays in the fulfilling the agency’s requirements. New procurement costs, testing, installation, and training costs are estimated to be at least , which does not account for time necessary to address any issues that may arise with legacy data compatibility with any new potential software packages. The implementation timeline of a new product would

Page 5 of 9 Pages take in excess of 12 months due to production workers needing to implement new software while also managing ongoing Shipyard software support infrastructure.

Failure to procure this software support would lead to work stoppages due to shipyards not being able to repair, replace, and maintain parts as needed to overhaul ships and submarines. Costs associated with delays in schedules to nuclear ship/submarine overhauls are estimated at daily. Procuring a different solution would not be advantageous to the Government.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES

A notice of the proposed contract action will be synopsized on the FBO website, as required by FAR 5.2, with the intention to award a sole source contract to New River Kinematics. A copy of the redacted Justification for OTFAOC will be posted with the synopsis.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer will make a determination that the anticipated cost to the Government is fair and reasonable, based on comparison of commercial list pricing, previous history, comparison of the negotiated prices, and a comparison of the independent Government cost estimate. A determination will be made that the contract represents the best value to the Government and results in the lowest overall cost alternative. DITCO has concluded that placing an order with New River Kinematics, Spatial Analyzer software support represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's needs. Certified cost and price data is not required for this commercial item acquisition in accordance with FAR 15.403- 1(b)(3).

8. MARKET RESEARCH:

a. Market research was conducted by the Naval Shipyards for each procurement and when assessing maintenance renewals. The team discussed availability of other potential products with the Navy’s Functional Area Managers for Applications to help determine if any other products were available for use as well as surveying the market through internet research, internal discussions, and vendor meetings. The first step taken in conducting market research in support of this project was to determine if there were other software solutions that would meet the Government’s minimum requirements. Initial product research was conducted with websites, vendor brochures, and hands-on knowledge of available software. The viability of a vendor's product was based on the product's ability to fulfill the mission-critical requirements of supporting existing Navy PCMM devices at NNSY, PSNSY, PNSY, and PHNSY. The market research revealed New River Kinematics is the only source that will satisfy the agency’s requirements for Spatial Analyzer software and support.

b. Market research determined the required; Spatial Analyzer software support is not available on any current Department of Defense Enterprise Software Initiative Blanket Purchase Agreement, National Aeronautics and Space Administration Solutions for Enterprise-Wide Procurement, or General Services Administration Schedule contract. It is recommended that this

Page 6 of 9 Pages requirement be awarded via open market to New River Kinematics, a small business, the only known source of the required Spatial Analyzer software and support.

9. ANY OTHER SUPPORTING FACTS:

None.

10. LISTING OF INTERESTED SOURCES:

New River Kinematics, Inc.

436 McLaws Circle Williamsburg, Virginia 23185

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

a. Procurement History.

Contract Number:

Contractor: New River Kinematics Inc.

Period of Performance:

Lifecycle Amount:

Competition Status of Procurement: Sole source procurement to New River Kinematics, Inc.

Description of Procurement: Spatial Analyzer Software and Support

Period of Performance:

Lifecycle Amount:

Competition Status of Procurement: Sole source procurement to New River

Period of Performance:

Lifecycle Amount:

Competition Status of Procurement: Sole source procurement to New River

Period of Performance:

Lifecycle Amount:

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Competition Status of Procurement: Sole source procurement to New River

Period of Performance:

Lifecycle Amount:

Competition Status of Procurement: Sole source procurement to New River

Period of Performance:

Lifecycle Amount:

Competition Status of Procurement: Sole source procurement to New River

Period of Performance:

Lifecycle Amount:

Competition Status of Procurement: Sole source procurement to New River

Period of Performance:

Lifecycle Amount:

Competition Status of Procurement: Sole source procurement to New River

Period of Performance:

Lifecycle Amount:

Competition Status of Procurement: Sole source procurement to New River

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Period of Performance:

Lifecycle Amount:

Competition Status of Procurement: Sole source procurement to New River

b. If New River Kinematics elects to surrender their legal ownership, copyright, and/or intellectual property software rights and move toward a complete open source solution, then DISA will seek open competition. Regardless, the Government will continue to search the marketplace. If the Government should determine that the OEM is no longer required, the Government will seek competition for the required functionality. Soliciting a quote for the purchase of brand name, New River Kinematics, software and support on the Open Market is currently the only way to procure the required products.

12. REFERENCE TO THE APPROVED ACQUISITION PLAN (AP): In accordance with the exceptions under DISA Acquisition Regulation Supplement 7.103 (S-91)(vii), an AP is not required.

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TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE:

TITLE/ORGANIZATION: Management Systems Support Div (MSSD)/Management Analyst

PHONE: DATE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

TITLE/ORGANIZATION: MSSD Supervisor

PHONE: DATE:

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort exceeds $150K but does not exceed $700K, this certification serves as APPROVAL.

TITLE/ORGANIZATION:

PHONE: 6 DATE:

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO:

Kelsie Kharibian, kelsie.l.kharibian.civ@mail.mil, 618-229-9442 mailto:kelsie.l.kharibian.civ@mail.mil