Limiting Competition Document Brand Name Justification - National Inst_Redacted.pdf

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Attached to
RFQ- National Instruments Software Renewal (Amend 1)
Solicitation number
W911QY25QA022
Issued by

About this file

This document is a Memorandum for Record justifying a brand-name limitation of competition for a National Instruments software license renewal for the U.S. Army Combat Capabilities Development Command (DEVCOM) Soldier Center. The acquisition involves renewing multiple software licenses, including LabVIEW and DIAdem products, with a performance period from 14 July 2025 to 13 July 2026. The document cites FAR 13.106-1(b)(1) Brand Name authority, emphasizing that these specific software licenses are critical for research and development activities, with specialized programming packages developed over two decades that interact with existing lab hardware.

The justification highlights that the Soldier Center continuously conducts market research on data acquisition software, but scientists have identified these National Instruments products as meeting specific research group needs. Alternative software might not be utilized due to lacking required features. The procurement is a small business set-aside under NAICS code 513210 with a $47 million small business size standard. The solicitation (W911QY25QA022) is a combined synopsis/solicitation for commercial items, with quotes due by 3 July 2025 at 1200 hours EDT, to be submitted electronically to specified contract specialists Edmund J. Bousaleh and Alejandro Ayala.

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Control Number: JA-25-Nat-0515

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: ACC-APG-Natick Division, 10 General Greene Ave, Natick, MA 01760

2. Description of Action: National Instruments Software License Renewal

Nature: Recurring Requirement

Contract Vehicle: Purchase Order

Pricing/Contract Type: Firm Fixed Price

Funds: Other Funds: RDT&E FY: 2025

Name of Proposed Contractor(s) and Address:

N/A

Sole-Source Buy: No

3. Description of Services or Supplies:

Renewal of SW Licenses

1. The contractor shall provide the annual renewal for National Instrument’s software licenses as follows:

1. LabVIEW Standard Service Program Perpetual License On-time, 1 YR Renewal of LABVIEW FULL DEVELOPMENT SYSTEM, WINDOWS DOWNLOAD S/N D11L1004521

2. DIADEM Standard Service Program Term License Non-Concurrent Volume

License Agreement Software Service Renewal of DIADEM PROFESSIONAL, SUBSCRIPTION LICENSE, ALL LANGUAGES, DOWNLOAD S/N H12X03396

Volume License Agreement Service ID 6368683 Renewing 1 Seats With1 YR

DIADEM STANDARD SERVICE PROGRAM TERM LICENSE

3. LabVIEW Standard Service Program Lease Non-Concurrent Volume License

Agreement Software Service Renewal of LABVIEW BASE DEVELOPMENT

SYSTEM, WINDOWS, ALL LANGUAGES, SUBSCRIPTION LICENSE,

DOWNLOAD S/N H12X03395 Volume License Agreement Service ID 6368683 Renewing 3 Seats With1 YR LABVIEW STANDARD SERVICE

4. LabWindows/CVI Subscription Non-Concurrent Volume License Agreement Software Service Renewal of LABWINDOWS/CVI FULL DEVELOPMENT

SYSTEM, SUBSCRIPTION LICENSE, WINDOWS, DOWNLOAD S/N

H12X03394 Volume License Agreement Service ID6368683 Renewing 1 Seats With 1 YR LAB WINDOWS/CVI SUBSCRIPTION

5. LabVIEW Standard Service Program Lease Non-Concurrent Volume License

Agreement Software Service Renewal of LABVIEW PROFESSIONAL

DEVELOPMENT SYSTEM, WINDOWS, ALL LANGUAGES, SUBSCRIPTION

LICENSE, DOWNLOAD S/N H12X03393 Volume License Agreement Service ID 6368683 Renewing 1 Seats With1 YR LABVIEW STANDARD SERVICE

PROGRAM

6. LabVIEW Standard Service Program Perpetual License Non-Concurrent Volume

License Agreement Software Service Renewal of LABVIEW FULL

DEVELOPMENT SYSTEM, WINDOWS, ALL LANGUAGES, DOWNLOAD S/N

M83X58946 Volume License Agreement Service ID6368683 Renewing 1 Seats With 1 YR LABVIEW STANDARD SERVICE PROGRAM

7. LabVIEW Standard Service Program Perpetual License Non-Concurrent Volume

License Agreement Software Service Renewal of NI MULTI-IDE BUNDLE, DOWNLOAD S/N Z71M03103 Volume License Agreement Service ID 6368683Renewing 1 Seats With 1 YR LABVIEW STANDARD SERVICE

PROGRAM

8. DIAdem Standard Service Program Perpetual License Non-Concurrent Volume

License Agreement Software Service Renewal of DIADEM ADVANCED, PERPETUAL LICENSE, ALL LANGUAGES, DOWNLOAD S/N M82X25261

Volume License Agreement Service ID 6368683 Renewing 1 Seats With 1 YR

DIADEM STANDARD SERVICE PROGRAM

9. LABVIEW FULL DEVELOPMENT SYSTEM, WINDOWS, ALL LANGUAGES,

DOWNLOAD SN:H12X03392 Product #61296696

Period of Performance: 14 July 2025–13 July 26

Total Value:

4. Authority:

FAR 13.106-1(b)(1) Brand Name

5. Reasons for Authority Cited:

a. The National Instruments software is required by multiple teams within the DEVCOM Soldier Center workforce to enable S&T staff to collect and analyze data, in support of their research and development activities. The National

Instrument’s software provide data acquisition and management tools for specific lab instruments that cannot be easily modified or transferred to new software.

Specific programming packages and commands have been developed with the National Instruments software over the last two decades and deployed to interact with lab hardware, some of which runs legacy equipment.

b. The Soldier Center continually conducts market research on available data acquisition and management packages due to their varying degree of functionalities, interfaces, costs, and capabilities.

In some cases, the SC has moved forward with the purchase of other software. However, SC scientists have identified this software as meeting the needs of a specific group of researchers. If alternative data acquisition software that is less capable or incompatible is purchased instead, over the expressed desires of the users, that software may not be utilized because it lacks required features.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, X apply and will be followed, or do not apply due to an exception at

5.202 __________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

X Action is a brand name restriction, under $25K, no posting required

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f)

FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C)

FAR 16.505(a)(4)(iii(C)

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