JUSTIFICATION AND APPROVAL.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

ProjNET Bidder Software License

U.S. Army Corps of Engineers, New England District

1. CONTRACTING AGENCY

The U.S. Army Corps of Engineers (USACE), New England District (NAE), Contracting

(CT), 696 Virginia Road, Concord, MA 01742.

2. DESCRIPTION OF ACTION

The ProjNET Bidder Inquiry annual software license is an add-on to the ProjNET software already used by the district. The software is a tool that provides real-time exchange of project documents among stakeholders. In order to effectively support NAE's critical missions, it is imperative to have software and a support contract to meet the requirements of the District's Contracting, Engineering, and Programs and Project

Management Divisions.

3. DESCRIPTION OF SUPPLIES/SERVICES

This requirement is for the brand-name software ProjNet Bidder Inquiry and its associated product maintenance and support. The product is particular to one manufacturer (National Institute for Building Sciences). It is an add-on to the ProjNet software already used by the District and would allow the Contracting, Engineering, and Programs and Project Management Divisions to exchange documents in real-time with internal and external stakeholders. The product coordinates all bid-related communications, including bid inquiries, technical subject matter expert review and evaluation, and project manager replies.

4. AUTHORITY CITED

The statutory authority permitting other than full and open competition for this procurement is 10 U.S.C. 2304 (c)(1), also FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

The statutory authority permitting other than full an open competition for this procurement is 41 U.S.C. 1901 as implemented by FAR 13.106-1(b)(1): "For purchases not exceeding the simplified acquisition threshold. (i) 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)."

5. REASON FOR AUTHORITY CITED

Background:

The New England District currently utilizes the ProjNET software as this software is approved for use by CIO/G6. ProjNet Bidder Inquiry software product and support is an add-on to ProjNet to provide effective support for NAE’s missions. The software product offers real-time exchange of project documents among stakeholders to meet the District’s needs.

Justification:

This requirement is for the brand-name software ProjNet Bidder Inquiry and its associated product maintenance and support which will be an add-on to the ProjNet software already used by the district. This software product is particular to one manufacturer (National Institute for Building Sciences).

This software product meets the required Federal Information Processing Standard

(FIPS) 140-2 Certification. FIPS 140-2 is the US Government computer security standard.

Alternatives:

Alternative products are inadequate because the product must function with the existing

ProjNET software. To consider a product that is independent of ProjNet would require testing and approval by CIO/G6, and an entirely separate software suite. This would be more time consuming and expensive as approval processes can take months.

Impact:

If the J&A is not approved, then the District would need to spend considerably more money to search for, test, and receive approval for an alternate software. The add on to ProjNet is a commercially available item that already meets CIO/G6 requirements. The price for one year is approximately $13,000. A different software that is not already approved may not meets the needs of the District and would conceivably be more expensive to acquire.

6. EFFORTS TO OBTAIN COMPETITION

In accordance with (IAW) Army FAR Supplement (AFARS) 5139.101(S-90)(a) and

Army Regulation 25-1, the Army's CHESS program, is the mandatory source for commercial IT software and hardware purchases. A Request for Quote was placed on

CHESS to identify if any contract holders would be able to provide the ProjNet Bidder

Inquiry software. All responses received were that the item was not available through any CHESS contract holder. As such, a Statement of Non-Availability was requested from CHESS. The SoNA was approved by CHESS on 4 November 2022. No other attempt was made to obtain competition for these reasons.

7. ACTIONS TO INCREASE COMPETITION

As demonstrated above, it is currently not reasonable, practical, nor cost effective to attempt to use a product other than ProjNet Bidder Inquiry that will meet the USACE

Enterprise standard, as this is an add-on the existing ProjNET sofware. Continuous market research will ensure that future requirements will be competed through mandatory sources or open market if an alternative product is approved by CIO/G6.

8. MARKET RESEARCH

Market research was conducted using the Army’s CHESS ITES SW awarded contracts as the required source of supply for IT hardware and software. As no quotes were received for the supply of ProjNet Bidder Inquiry from any vendors on the CHESS

ITES SW list, a request was made for a Statement of Non-Availability (SoNA). The

SoNA was approved by CHESS on 4 November 2022.

9. INTERESTED SOURCES

A Notice of Intent (NOI) to determine sources for this software was posted on

December 12, 2022. The NOI was published for 15 days on the SAM.gov website, with a closing date of December 27, 2022. All input received from the NOI will be considered to determine if other sources are available for the subject action.

A response from Oracle Construction and Engineering Global Business Unit was received, stating that the Aconex for Defense application provides the same capability as ProjNET. Aconex for Defense is currently being used in a pilot program and expects to receive IL4 security level certification in 2023. As this product does not meet the

Government’s security requirements, it will not be considered as a feasible option.

As no other responses were received, ProjNet Bidder Inquiry is considered the only available product that meets the Government’s needs.

This Justification and Approval will be made publicly available on the SAM.gov website with the solicitation.

10. OTHER FACTS

None

11. TECHNICAL CERTIFICATION:

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

Signature:

Name: Mark Anderson

Title: Chief, Military PM Branch, NA

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.

Name: Scott Acone

Title: DPM, NAE

13. DETERMINATION OF FAIR AND REASONABLE COST.

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on market research from the open market, which will be included in the file.

Name: Sheila Winston-Vincuilla

Title: Contracting Officer

14. CONTRACTING OFFICER CERTIFICATION:

I certify that the J&A is accurate and complete to the best of my knowledge and belief.

APPROVAL

Based on the foregoing justification, I hereby approve of a sole source solicitation for the supply and support of the ProjNET Bidder Inquiry software as authorized by 10 U.S.C. § 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements, and as an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.106-1(b)(1): "For purchases not exceeding the simplified acquisition threshold ... 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 ...", subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.