JA No Magic.pdf

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

21983 BUNDY ROAD, BLDG 441

PATUXENT RIVER, MD 20670-1127

IN REPLY REFER TO

J&A Number: 21-0226

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Patuxent River, MD

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves the issuance of a Firm-Fixed-

Price contract, brand name specific basis, for Annual License Cost (ALC) (software maintenance), from No Magic, Inc., One Allen Center, 700 Central Expressway South, Suite

110, Allen, TX 75013. Specifically, the procurement is for the software maintenance (aka ALC) for previously purchased Cameo toolsets and plug-ins from No Magic that are utilized by the

Government to perform the development of system models. These toolsets allow the development of system models for pilot programs for the Systems Engineering Transformation in support of the Systems Engineering Department (SED) at Naval Air Warfare Center, Aircraft

Division, Patuxent River, MD. The dollar amount for this requirement is estimated at $502,699.

The procedures of FAR Part 12 and Part 13.5 will be utilized for this commercial brand name specific acquisition.

3. Description of Supplies/Services.

The requirement includes the purchase of ALC support for previously purchased software toolsets and plug-ins from No Magic who is the developer and the original manufacturer of

Cameo System Modeler and associated products. No Magic is the sole provider of ALC support.

This requirement will allow Systems Engineering and other technical disciplines to continue developing models and work through processes for developing system models for acquisition programs as part of the overall Capabilities Based Acquisition transition. The estimate for this requirement includes the cost of the software maintenance and technical support for integration with the NAWCAD led Naval Integrated Modeling Environment (NIME) from the award date through 31 March 2022 as the NIME continues to develop.

Estimated Dollar Value

FY 21

RDT&E $502,699.00

Total $502,699.00

4. Statutory Authority Permitting Other Than Full and Open Competition.

10 U.S.C. 2304(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

No Magic Inc. is the original designer, developer, and manufacturer of the Cameo System

Modeler toolset. As the designer, developer and manufacturer of the Cameo Systems Modeler toolsets and plug-ins, No Magic retains the technical data rights to the design and implementation. Therefore, No Magic is the sole company that can perform the ALC work required to keep the toolsets and plug-ins up to date with defect corrections, security updates, and compatibility updates. Market research has resulted in No Magic being the only source that can meet the Government’s requirements for the products and software maintenance.

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

A Notice of Intent Synopsis was publicized on 22 April 2021 as a Brand Name Specific requirement (No Magic, Inc.) on the betaSAM website to determine if there are any interested parties who could meet the requirement. As a result no other source or authorized distributor of

No Magic, Inc. expressed an interest in the requirement. In accordance with FAR Part 12, a solicitation will be posted on betaSAM.

7. Determination of Fair and Reasonable Cost.

In accordance with FAR 15.402(a), the Contracting Officer shall ensure that all supplies and services provided under this contract are procured at a fair and reasonable price. An analysis of proposals will be performed by Technical Analysts and the Contract Specialist. As discussed in this paragraph, the Contracting Officer will use price analysis as the basis of determining the price as fair and reasonable for the supplies covered by this J&A. Information related to prices including established catalog prices and previous procurements for commercial and Government purchases will be utilized in justifying a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

The NIME Team will continue to conduct market research for products to evaluate emergent technologies and architectures that would allow future competition. At this time, No Magic is the only source that meets the Government’s requirements and the sole provider for the required annual support. If another potential source emerges, the NIME Team, in conjunction with the

Naval Systems Commands, will assess whether competition for future requirements is feasible.