JA.pdf

CUI//SP-SSEL

Control Number:

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

1 JUN 2023

Justification Review Document For Sole Source - FAR Part 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: The purchase order will provide annual calibration, on-call repair and on-call technical support of data acquisition systems designed and fabricated by Mars Labs, LLC and used at Aberdeen Test Center.

Authority:

Simplified Acquisition Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5

Amount: $ 388,177.00 The period of performance including all options is 36 months.

Base Period - 9/20/2025 to 9/19/2026 $125,601.00 Option 1 - 9/20/2026 to 9/19/2027 $129,286.00 Option 2 - 9/20/2027 to 9/19/2028 $133,290.00

Prepared by:

Typed Name: Michael P. Barry (520) 713-6641

Title: Supervisory General Engineer, ATEC Date: 04/25/2025

E-mail: michael.p.barry20.civ@army.mil

Contracting Officer:

Typed Name: Nikeena Brown DSN:

Date Reviewed E-Mail:

Technical Representative:

Typed Name: Michael P. Barry DSN: _____________________

Title: ___________________________Date Reviewed: ________________________

Requirements Representative:

Typed Name: Michael P. Barry DSN: ______________________

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(Source Selection Information - See FAR 2.101 and 3.104-4)

2 JUN 2023

Title: _____________________________________Date Reviewed: _______________

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(Source Selection Information - See FAR 2.101 and 3.104-4)

3 JUN 2023

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: ACC-APG Installation & Technology Division - Technology Branch

2. Description of Action: The action is for a new service contract using RDT&E funds and similar to past contract W91ZLK-22-P-0070.

3. Description of Supplies/Services: The purchase order will provide annual calibration, on-call repair and on-call technical support of data acquisition systems designed and fabricated by Mars Labs, LLC and used at Aberdeen Test Center. The annual calibration is required in order to trace the accuracy of the acquired data to a National Standard. The on-call repair and on-call technical support are required if a data acquisition system fails and impacts the test mission. The annual calibration will also provide software and firmware updates to the data acquisition systems. Estimate total value is $388,177.00 for the base year and two option years.

4. Authority Cited:

Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901, as implemented by FAR Subpart 13.5

5. Reason for Authority Cited: The Mars Labs data acquisition systems provide specific capabilities which have been used by the organization for an extended period of time to support the acquisition of engineering data during automotive performance and endurance testing. The data acquisition systems interface with and are integrated into ATC’s ADMAS systems to provide a modular, scalable and powerful data acquisition system. The systems are designed and fabricated by Mars Labs, LLC with proprietary hardware and software that limit the calibration and maintenance to the one source.

6. Efforts to Obtain Competition: Mars Labs, LLC is the sole originator of the hardware and software requiring the calibration and maintenance. It owns proprietary rights to the hardware and software and has developed the technical expertise, design documentation, and experience necessary to maintain and provide product updates and technical assistance to insure the satisfactory operation. If this service/support is not continued, data acquired by the system would be suspect because of unverified traceability, updates to the software will not be available, problems with the usage/functioning of the systems will not be remedied, eventually rendering the capability of the systems useless. This will severely impact the ability of our technical staff to acquire engineering test data required for inclusion in technical reports documenting the evaluation results of test projects.

7. Actions to Increase Competition: The data acquisition market consists of companies that provide a product based on proprietary designs and implementations. Therefore, JA-25-Inst & Tech-0501

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(Source Selection Information - See FAR 2.101 and 3.104-4)

4 JUN 2023

each provider of data acquisition systems is the only source with the capability of adjusting either hardware and/or software to meet NIST calibration standards. Mars Labs, LLC is the sole originator of the hardware and software requiring calibration and maintenance. It owns proprietary rights to the hardware and software and has developed the technical expertise, design documentation, and experience necessary to maintain and provide product updates and technical assistance to ensure satisfactory operation. If this service/support is not continued, data acquired by the system would be suspect because of unverified traceability, updates to the software will not be available, problems with the usage/functioning of the systems will not be remedied, eventually rendering the capability of the systems useless. This will severely impact the ability of our technical staff to acquire engineering test data required for inclusion in technical reports documenting the evaluation results of test projects.

8. Market Research: The contracting department did additional market research to see what other options were available to increase competition for this action. Research shows that MARS Labs is the only company capable of maintaining the software and no third-party vendors are allowed. This was confirmed from a letter on 5/7/25 from the company indicating as such. Efforts to find other companies that can provide the work needed for this action will require a complete overhaul of the software installed bringing significant cost to the Government.

9. Interested Sources: The notices required by FAR 5.201 shall be or have been published, and any bids or proposals received shall be considered.

10. Other Facts: :

a. Procurement history.

(1) W91ZLK-16-P-0319, W91ZLK-19-P-0086, and W91ZLK-22-P-0070.

(2) Previous contracts were sole source to proprietary vendor.

(3) Same authority was cited for the previous contracts that were sole source.

b. Other facts. N/A

11. Technical Certification:

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.

Signature: ________________________________Date: ______________________

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5 JUN 2023

Typed Name: Michael P. Barry Title: Supervisory General Engineer

12. Requirements Certification:

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.

Signature: ________________________________Date: ______________________

Typed Name: Michael P. Barry Title: Supervisory General Engineer

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Certified cost or pricing data is not required per FAR 15.403-1(b)(3).

Signature: ________________________________Date:

Typed Name: Title:

14. Contracting Officer Certification:

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

Signature: ________________________________Date:

Typed Name: itle:

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6 JUN 2023

Approval

Based on the foregoing justification, I hereby approve the procurement of on-call technical support of data acquisition systems in the amount of $388,177.00 on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: ________________________________Date: ________________________

Typed Name: ____________________________Title:__________________________

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