JA_LRE-18-0008_Sole_Source_EPLAN_Software.pdf

Control No: JA-LRE-18-0008

Justification and Approval for Other Than Full and Open Competition

Project: EPLAN Software License

Authority: 10 U.S.C. 2304(c)(5) – Contracts: Competition Requirements FAR 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Requirements.

Value: $24,500.00

Source: EPlan Software & Services, LLC

1. Contracting Activity:

USACE Detroit District 477 Michigan Ave Room 700 Detroit, Michigan, 48226.

2. Description of Action:

This justification is prepared in support of a new firm fixed-price contract for software licenses to install design/productivity software. This action will result in a sole-source, simplified, commercial purchase of software for installation and use at the Corps of Engineers facility in Sault Ste. Marie, Michigan.

There are no options associated with this contract action.

3. Description of Supplies/Service:

The ACEIT Application Portal provides a means for USACE employees to request the installation of approved software on their Government workstations. When an enterprise-level software license is available, the requested software can be installed directly onto the requested workstation. However, when a software package is approved for use but network-based licenses are not available, then individual licenses have to be purchased by the Government in support of the request.

The current action involves the procurement of two software update licenses for the EPLAN Electric P8 program/application and one license upgrade for the EPLAN ProPanel Add-On for use in support of plant operations at the USACE facility in Sault Ste. Marie, Michigan. The licenses will be used to fulfill a software request that has otherwise been approved and funded.

H7CT9BMW

Text Box

4. Authority Cited:

The statutory authority permitting other than full and open competition is 10 U.S.C.

2304(c)(5) – Contracts: Competition Requirements as implemented by Federal Acquisition Regulation (FAR) 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Requirements.

5. Reason for Authorities Cited:

Personnel at the USACE Soo Area Office currently use an earlier version of the proprietary EPLAN software for which the update licenses are being procured. The schematic diagrams and three-dimensional models for automation controls and equipment at the Soo Area Office, locks, and hydropower plant were developed and are maintained within the virtual structure of the EPLAN software, which is not available from any independent source or vendor.

If there were an alternative to EPLAN and USACE were to transfer its knowledge base into a different system, the Government would have to duplicate years of design inputs and would incur significant costs for the data transfer.

The requested procurement is in fact just an update and extension of licensing for the existing software installations, so the purchase price is also lower than it would be if the Government were to procure and install a whole new software package for the purposes for which EPLAN is currently used. The standard for FAR 6.302-1 is therefore met in that:

1. The EPLAN software is proprietary and no other party has rights to license, support, or service the system;

2. EPLAN licenses are unique, highly specialized supplies that are available from only one unique source; and

3. Use of an alternate source for similar software would result in significant cost that would not be recovered through competition.

As indicated in Item 3, Description of Purchase, the EPLAN software has already been approved for purchase and direct installation on USACE systems, and the purchase outside of the USACE Application Portal is necessary only because the software is to be installed and licensed on individual workstations, and not licensed across the USACE enterprise.

6. Efforts to Obtain Competition:

The ACEIT Application Portal is an open platform through which all USACE employees and vendors can review available software programs and/or apply to be granted rights to operate in the Government’s information system. All of USACE is therefore employed in the conduct of market research to identify software that should be available through the Portal.

Engineers at the Soo Area Office and at similar hydropower and locks facilities also routinely invite vendors and representatives from industry to present new or alternative products. Market research information is shared on an ongoing basis across the USACE enterprise, and all prospective sources are considered.

7. Actions to Increase Competition:

USACE will continue its market research to identify other potential sources and will conduct outreach activities on a regular basis. USACE will receive, retain, and evaluate qualifications packages from interested contractors on an ongoing basis.

8. Market Research:

As indicated under Item 6 – Efforts to Obtain Competition, USACE conducts market research on an ongoing basis to identify potential sources.

At the present time, EPLAN Software & Services, LLC is the only entity capable of supporting the software systems at the Soo Area Office.

9. Interested Sources:

To date, no other sources have expressed an interest in satisfying this requirement for the Government.

10.Other:

Not applicable.

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: _____________________________________________________ Typed Name: Walter Hart Telephone: 906-635-3468

Chief – Hydropower Section

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: Vladimir Volodar Telephone: 313-226-6448

IT Chief, Detroit District

13. Fair and Reasonable Cost Certification

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination is based on comparison to the independent government estimate, historical pricing for similar actions, and published pricing that is offered to non-governmental entities in accordance with

FAR 15.4.

Signature/Date: _____________________________________________________ Typed Name: Bruce Walrad Telephone: 313-226-2134

Contracting Officer

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: Bruce Walrad Telephone: 313-226-2134

Contracting Officer

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

APPROVAL

Based on the foregoing justification, I hereby approve the procurement of two (2) licenses for the EPLAN Electric P8 and one (1) license for the EPLAN EPLAN ProPanel Add-On software systems on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c), subject to availability of funds, and provided that the supplies and services herein described have otherwise been authorized for acquisition.

Signature/Date: _____________________________________________________ Typed Name: Bruce Walrad Telephone: 313-226-2134

Contracting Officer

H7CT9BMW

Text Box