ID08160060_Brand_Name_JA_20160630_signed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION INCLUDING

BRAND NAME EXCLUSIVE LICENSING AGREEMENTS

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1. IDENTIFICATION OF AGENCY AND THE CONTRACTING ACTIVITY:

AGENCY: Dugway Proving Grounds, Dugway UT CONTRACTING ACTIVITY: General Services Administration (GSA) Region 8, Denver CO

2. NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED (INCLUDING

ESTIMATED VALUE:

This action will renew software License Agreements with National Institute for Dugway Proving Grounds.

This software supports the design and implementation of data acquisition systems to support field testing, and instrumentation and control equipment such as optics, radar, LIDAR, telemetry and Global Positioning System (GPS). This acquisition is conducted under the authority of Federal Acquisition Regulation (FAR) 13.106-1(b) (1) and supplements. The contract type will be Firm-Fixed Price with a base period of performance of 12-months and four (4) option periods.

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (INCLUDING ESTIMATED VALUE)

The table below reflects the supplies to be acquired. The estimated total value is $96,000.

Item No. Description

P/N 940005-01 Developer Suite Standard Service Program Software Renewal English S/N Z61M30949. Current Configuration: NI Developer Suite, English NI Developer Suite LV Real-Time Option. Volume License Agreement Service ID DMAZ-5VZ66L Renewing 4 Seats With 1 Year Developer Suite Standard Service Program

P/N 940006-01 LabVIEW Standard Service Program Software Renewal Software Service Renewal of LabVIEW Full Development System, Windows English S/N M63X59349. Volume License Agreement Service ID DMAZ-5VZ66L Renewing 7 Seats With 1 Year LabVIEW Standard Service Program

P/N 940006-01 LabVIEW Standard Service Program Software Renewal Software Service Renewal of LabVIEW Full Development System, Linux (32-BIT and 64-BIT) S/N M63X64893. Volume License Agreement Service ID DMAZ-5VZ66L Renewing 1 Seats With 1 Year LabVIEW Standard Service Program

P/N 940005-01 Developer Suite Standard Service Program Software Renewal NI Developer Suit, English S/N Z671M21169. Current Configuration: NI Developer Suite, LV Real-Time Option. NI Developer Suite FPGA Option Volume License Agreement Service ID DMAZ-5VZ66L Renewing 4 Seats With 1 Year Developer Suite Standard Service Program

4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

FAR 13.106-1(b)(1(i) states for purchases not exceeding the simplified acquisition threshold Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, ID08160060 Page 2 of 4 brand-name or industrial mobilization).

5. DEMONSTRATION OF PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISTION REQUIRES USE OF THE AUTHORITY CITED

IAW AR 25-1, para 6-3(c), activities must obtain a Certificate of Worthiness (CON) before connecting hardware/software to the LandWarNet (LWN). National Instruments (NI) has obtained an Army Certificate of Worthiness, #201417261 and #201417631 for the NI Developer Suite and all the general-purpose programming tools. The Army’s Networthiness certification indicates the application is worthy to go on the Army’s Enterprise network.

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

AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCUDING WHETHER A NOTICE

WAS OR WILL BE PUBLICIZED AS REQIRED.

IAW FAR 5.202(a) (13), the contracting officer need not submit the notice required under FAR 5.201 when the proposed contract action is for an amount not expected to exceed the Simplified Acquisition Threshold (SAT); will be made through a means that provides access to the notice of proposed contract action through the Government’s Point of Entry and permits the public to respond to the solicitation electronically. The estimated contract total is $81,000 which does not exceed the SAT of $150,000; the requirement notice will be advertised on Federal Business Opportunities (www.fbo.gov) and response will be received electronically.

7. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

This requirement will be competed and solicited on www.fedbiz.gov. IAW FAR 13.106-3(a) (1), price reasonableness will be based on competitive quotations or offers. Competition is anticipated as National Instruments have approximately seven (7) resellers of its products/services identified on its Website, www.ni.com/resellers; Four (4) are small businesses. If only one source responds, the Contracting Officer will base price reasonableness on established catalog prices.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS OR

A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

Market Research was conducted through discussions with the customer, current vendor, National Instrument Customer Service Representative and through https://chess.army.mil. The customer provided a copy of the previous contracts, Certificate of Networthiness and Brand Name Justification and Approval.

Discussions with the current vendor revealed the software was purchased from National Instrument and expired on June 22, 2016. Discussions with National Instrument Representative confirmed Developer Suite Software Program and LabVIEW software was proprietary, the products were commercially available, the customer had the software since approximately 2002, and there were resellers available.

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

COMPETITION

Dugway is a Major Range and Test Facility Base, with a primary mission to provide developmental and production testing to support the nation's chemical and biological defense programs. Dugway's West Desert Test Center (WDTC) features physical and human resources that create an exceedingly diverse test facility that meets a broad spectrum of continually evolving test and evaluation requirements. The WDTC facilities, test fixtures, and equipment were designed and built specifically for Dugway's mission with the http://www.fbo.gov/ http://www.fedbiz.gov/ http://www.ni.com/resellers https://chess.army.mil/

ID08160060 Page 3 of 4 technology and procedures having been developed by WDTC scientists, engineers, chemists, microbiologists, and technicians.

The Electronics Group develops, maintains, and operates data acquisition systems to support field testing with instrumentation and control (I&C) equipment such as optics, radar, LIDAR, telemetry, and GPS.

Branch scientists and engineers design and implement I&C systems using LabVIEW software and National Instruments hardware. The staff can create unique interfaces to adapt customer hardware, such as ppbRAE, GLC-M21 units, and Gasmet for data collection. The Electronics Group maintains and deploys electronic interfaces and test support equipment for customer tests on the complex Test Grid Upgrade Project Range.

Vapor dissemination, environmental controls, and system monitoring are performed from a control room located outside the CASC. Laboratory Virtual Instrumentation Engineering Workbench LabVIEW software controls, monitors, and records all fixture functions, including filter/blowers, negative pressure, dissemination, referee systems, actual RH, temperatures, differential pressures, and flow rates.

Laboratory Virtual Instrumentation Engineering Workbench LabVIEW software and control hardware is used for instrument and environmental control and data acquisition during tests. Test data collected and reported may include: trial duration, agent control numbers and purity, simulant lot numbers and purity, BFC applied, temperature before, during, and after each trial, RH, vapor challenge concentration x time (Ct), permeation concentration in mg/m³, volume of liquid dispensed onto a swatch in μL and permeation breakthrough times and curves.

Mobile and skid-mounted chambers which replicate the extremes of climatic environments may also be subject to dissemination of environmental or battlefield contaminants, such as fog oil or jet propulsion fuel (JP-8), during testing. Dynamic and environmental tests may be video recorded while photographs are taken to capture the results of each test. Scientists, test officers, and analysts perform data acquisition, measurement, control, and analysis with National Instruments LabVIEW software.

For the past 13 years, the Electronic Group has been attending training, developing and designing these I&C systems in LabVIEW software and corresponding National Instruments hardware. It would not be economically feasible or efficient and would impact the mission. The continued use of National Instruments Developer Suite and LabVIEW software is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

10. A LISTING OF THE SOURCES, IF ANY THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION

No sources have expressed interest in this requirement. However, it will be posted on the Government’s Point of Entry, www.fedbiz.gov.

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE

OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED

There are no barriers to competition because there are resellers of these brand name products. This requirement has been competed over the past 2 years. The agency has no future plans to replace the National Instrument Developer Suite or LabVIEW Software.

http://www.fedbiz.gov/

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12. TECHNICAL REQUIREMENTS CERTIFICATION:

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

John R. Kimball 29 June 2016

Printed Name Date

Signature

12. CONTRACTING OFFICER’S CERTIFICATION

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

Printed Name Date

Signature

LeatriceKThompson Typewritten Text

LeatriceKThompson Typewritten Text

LeatriceKThompson Typewritten Text Leatrice K. Thompson

LeatriceKThompson Typewritten Text June 30, 2016