J A_15-P-0029_HYPACK.pdf

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Justification and Authorization for Sole Source Acquisition

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Control Number _______________

SOLE SOURCE JUSTIFICATION

FOR PROPOSED ACTION NOT EXCEEDING THE

SIMPLIFIED ACQUISITION THRESHOLD (SAT)

1. CONTRACTING AGENCY - Department of Army U.S. Army Corps of Engineers Philadelphia District (NAP) Contracting Division Philadelphia, Pennsylvania

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Mod to Existing Purchase Order/Delivery Order/Task Order/ Contract Number

Pricing: Firm-Fixed Price Time and Materials Cost Labor Hours

3. Describe the supplies or services required (including the estimated value).

4. Authority (select one):

FAR 13.106-1(b)(1)(i): The 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, brand name, or industrial mobilization).

FAR 13.106-1(b)(1)(ii): This documentation only covers the portion of the acquisition that is brand-name. A single source has been identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item.

5. Reasons for Authority Cited (including the qualifications of the proposed contractor to meet the requirements):

6. Describe the market research conducted and the results, or a statement for the reason market research was not conducted.

7. A listing of other sources, if any, which expressed, in writing, an interest in the acquisition.

8. 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, if necessary.

9. TECHNICAL PERSONNEL CERTIFICATION: I certify that the information provided herein recommending “other than full and open competition,” as presented to the contracting officer, is accurate and complete to the best of my knowledge. Further documentation, if needed, may be obtained from the undersigned technical representative.

Signature: Date:

Name: Phone Number:

Title:

10. APPROVAL STATEMENT: I hereby determine this justification is accurate and complete to the best of my knowledge and belief. The estimated cost to the Government is fair and reasonable.

IAW FAR 13.106-1(b)(1), I hereby determine that the circumstances of the contract action deems only one source is reasonably available; provided that the services and property herein described have otherwise been authorized for acquisition and funds are available.

Signature: Date:

Name: Phone Number:

Contracting Officer

Control Number: 15-12
Enter the contract number of your action in this box:
Group9: Choice1
Text10: The HyPack maintenance plan will enable the U.S. Army Corps of Engineers Survey Section to collect and process data in required formats. This system has been developed over many years to meet specific Corps of Engineers specifications for collection and processing of hydrographic survey data. Modules include data thinning, volume computations, external device drivers, post processed heave corrections, and others. Channel design, planned lines, and background displays are needed to design and plan surveys, collect data, process it, reduce it, and generate final products. Hypack enables collection and storage of single beam, multibeam, and sidescan data. It also allows the user to input GNSS stored data. The HyPack plan is the only maintenance software service that will be able to achieve all data demands of the U.S. Army Corps of Engineers.
Text11: This acquisition is pursued under the authority of FAR 6.302-1 allows for sole-source for only one responsible unique source for this highly specialized software and also in fulfilling the agency’s requirements 10 U.S.C. 2304(c)(1), only one responsible source and no other supplies or services will satisfy agency requirements. Being the sole proprietor of the design, build, installation, and internal operation of the software, HyPack, Inc is the only contractor that can provide the Hypack maintenance annual plan to service the existing HyPack software.
Text12: Market research was not done because this is an annual maintenance plan for software already in operation. No replacement for the proprietary software maintenance plan is available not does it seem possible that competition will exist for this product since HyPac owns the copyrights for this software.
Text13: N/A
Text14: No barriers exist to competition since the maintenance of licensed software products can only be accomplished by the company that owns the rights, copyright, or other ownership devices pertaining to the produce under discussion.
2015-03-13T08:35:55-0400
HUTCHEON.ROBERT.W.JR.1391063210
Text17:
Text18: Robert W. Hutcheon, Jr.
Text19: Contract Specialist
Text20:
Text21:
Text22:
Text23: (215) 656-2291
Group10: Choice4
Group11: Choice8

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