JA-KO Signed_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

IN REPLY REFER TO

J&A Number: DN_21_0041

Code:

P.R. Number: N0017821PC603

JUSTIFICATION AND APPROVAL

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Dahlgren Division (NSWCDD), Contracts Department

2. Description of the Action Being Approved

Award of a firm fixed priced contract on a sole source basis for critical equipment to be used by the

, manufactured by Sixgen, Inc.

3. Description of Supplies/Services

The requires one

, manufactured by Sixgen, Inc., with four (4) option periods to follow. The requested base materials and licenses represents the minimum requirements of the government. Delivery is required by 26 February 2021 with 12 months of licensing and support for all software required with four (4) option periods of 12 months each to follow. Renewal of the current software product is due by 27 July 2021 in order to avoid a break in licensing and maintenance support.

The Government's minimum needs have been verified by the certifying technical and requirements personnel.

NCH 53.6-2

The estimated cost of the proposed contract action is $ for 12 months of licensing and support with four

(4) option periods of 12 months each to follow. Fiscal year 2021 Other Procurement, Navy, funds will be utilized for the base period of this procurement.

4. Statutory Authority Permitting Other Than Full and Open Competition

41 U.S.C. 1901 as implemented in FAR Subpart 13.5.

5. Rationale Justifying Use of Cited Statutory Authority

The tools required are used in support of the and

Sixgen, Inc. is the original equipment manufacturer of this proprietary system and software with no authorized resellers available, therefore, proprietary data limits competition.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

Market research shows products developed by Sixgen contain methods and exploits that are proprietary to the software publisher Sixgen Inc. Market research through internet searches and contacting the software publisher has verified that they do not maintain a reseller network for any of the products in this procurement and that all sales must be conducted directly with the publisher. Use of another vendor's product would cause risk with the

. To meet or exceed functionality inherent with these Sixgen products would be cost prohibitive.

The would need to establish an organic tool development capability, requiring an estimated 6240 direct productive person hours of development at a cost of $ resulting in extensive scheduling delays for integration, with no guarantee the developed products would meet current and future team requirements.

The proposed contract was posted on the beta.SAM.gov website on 15 December 2020, as intent to sole source to Sixgen, Inc. The combined synopsis/solicitation closed on 07 January 2021. Sixgen Inc. provided a quote, however no other offers were received. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Sixgen, Inc. to provide the required equipment.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the equipment covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, Dahlgren Contract Department has no plans at this time to compete future contracts for the type of materials and licensing covered by this document.

If another potential source emerges, Dahlgren Contract Department will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting data, are complete and accurate to the best of my knowledge and belief.

, Code , TPOC, Phone No., Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

NSWCDD Legal Counsel, Code 00L, Phone No., Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12))

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

, Contracting Officer, , Phone No., Date