LSJ - Solidworks redacted.pdf

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LIMITED SOURCE JUSTIFICATION AND APPROVAL (LSJ)

This Limited Source Justification (LSJ) authorizes the issuance of a firm fixed price contract for the procurement of brand name SolidWorks Software Support to meet the government's requirement.

DEPARTMENT OF THE NAVY

OFFICE OF NAVAL INTELLIGENCE

4251 Suitland Road Washington, DC 20395

Date: 29 Jan 2025

1. IDENTIFICATION OF REQUESTING AGENCY AND CONTRACTING OFFICE:

a. Agency Name:

Office of Naval Intelligence

Washington DC 20395-5720

b. Contracting Activity:

Office of Naval Intelligence

Washington DC 20395-5720

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY NEED

(INCLUDING THE ESTIMATED VALUE):

4. IDENTIFICATION OF JUSTIFICATION RATIONALE (SEE 8.405-6(a) & (b) OR 16.505 (b)(2)(i)(A)

TO (E)) AND, IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED CONTRACTOR'S

UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE. IN

ACCORDANCE WITH:

(Check the appropriate FAR citation/title permitting other than full and open competition:)

i. FAR 8.405-6 (b)(1) - An item peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer).

ii. FAR 8.405-6(a)(1)(i)(A) - An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.

iii. FAR 8.405-6(a)(1)(i)(B) - Only one source is capable of responding to the unique or specialized nature of the work.

iv. FAR 8.405-6(a)(1)(i)(C) - The new work is a logical follow-on to an original Federal Supply Schedule order or BPA. (Note: The original order must have been placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures)

SolidWorks Software and License Service Renewal -Software maintenace and sustainment services includes software, license services, installation, patching, technical support, and troubleshooting to users and system administrators via phone and email. The support includes online access or delivering via portable media the latest available software updates and patches when released by the vendor. The software licenses allow the use of the software on networked or standalone computers; and licenses that allow re-hosting of licenses on different, not networked computers and systems/servers.

SolidWorks License Support is required for existing licenses that gives engineers product data management capabilities to securely store project information and track design changes for a platform or weapon system. SolidWorks must remain fully operational and available to users throughout the maintenance phase of its life cycle via annual renewal of the manufacturer's maintenance (subscription and support). This software is proprietary in nature and can only be supported through the product owner or its resellers.

ONI uses this specific brand name COTS software to develop threat models that must work with models created by other agencies using the same software. This software and services like it has been competed and vendors have been evaluated annually for several years in the past. The cost difference

v. DFARS 208.405-70(b) - Each order exceeding $150,000 shall be placed on a competitive basis in accordance with DFARS 208.405-70(c), unless this requirement is waived on the basis of a justification that is prepared and approved in accordance with FAR 8.405-6 and includes a written determination that--

(1) A statute expressly authorizes or requires that the purchase be made from a specified source; or

(2) One of the circumstances described at FAR 16.505(b)(2)(i)(A) through (E) applies tothe order. Follow the procedures at PGI 216.505-70 if FAR 16.505(b) (2)(i)(B) or (C) is deemed to apply.

vi. FAR 16.505(b)(2)(i)(A) - The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays;

vii. FAR 16.505(b)(2)(i)(B) - Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized;

viii. FAR 16.505(b)(2)(i)(C) - The order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

ix. FAR 16.505(b)(2)(i)(D) - The order is necessary to place an order to satisfy a minimum guarantee.

x. FAR 16.505(b)(2)(i)(E) - For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

xi. DFARS 216.505-70(b) Each order exceeding $150,000 shall be placed on a competitive basis in accordance with DFARS 216.505-70(c), unless this requirement is waived on the basis of a justification that is prepared and approved in accordance with FAR 8.405-6 and includes a written determination that --

(1) A statute expressly authorizes or requires that the purchase be made from a specified source; or;

(2) One of the circumstances described at FAR 16.505(b)(2)(i)(A) through (E) applies to the order. Follow the procedures at PGI 216.505-70 if FAR 16.505(b)(2)(i)(B) or (C) is deemed to apply.

5. IF PURSUING AN EXCEPTION PER FAR 8.405-6 (b)(1) NAME BRAND DESCRIBE IN DETAIL

WHY A PARTICULAR BRAND NAME, PRODUCT, OR A FEATURE OF A PRODUCT, PECULIAR

TO ONE MANUFACTURER MUST BE USED. IF PURSUING AND EXCEPTION PER FAR 16.505,

PROVIDE JUSTIFICATION AND RATIONALE FOR USING THE AUTHORITY. THIS IS DIFFERENT

FROM THE JUSTIFICATION FOR THE REQUIREMENT. DESCRIBE HOW THIS ACTION

REQUIRES THE USE OF THE AUTHORITY CITED. IF APPLICABLE, IDENTIFY THE PROPOSED

OR POTENTIAL CONTRACTOR(S), AND INCLUDE A DISCUSSION OF THE PROPOSED

CONTRACTOR'S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR

SERVICE.

6. DETERMINATION BY THE ORDERING ACTIVITY CONTRACTING OFFICER THAT THE ORDER

REPRESENTS THE BEST VALUE (FAR Part 8) OR FAIR AND REASONABLE (FAR Part 16):

Basic market research was conducted to identify software that could meet the functional requirement.

None was identified. Solidwork requires the mandatory use of DoD ESI BPA and has sol-source contract through 2029 Contract# N6600121A0029 Exp : July 14, 2029

When this software no longer meets mission and functional requirements and must be replaced, then action can be taken to compete the new application fully and openly.

7. DESCRIPTION OF MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND

RESULTS,

-OR-

STATEMENT OF REASON MARKET RESEARCH WAS NOT CONDUCTED:

8. OTHER FACTS SUPPORTING JUSTIFICATION:

9. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT LED

TO THE RESTRICTED CONSIDERATION BEFORE ANY SUBSEQUENT ACQUISITION FOR

SUPPLIES OR SERVICES IS MADE:

10. REFERENCE TO APPROVED ACQUISITION PLAN/STRATEGY:

a. An Acquisition Plan is not required. This acquisition is below the thresholds prescribed in DFARS 207.103 for a written acquisition plan.

b. The Acquisition plan covering this requirement is attached. ONI requirement for service contracts over $150,000.00 is typically in the dozens or hundreds of dollars across vendors because the product owner regulates cost. If the procurement were awarded to a different vendor, production would be disrupted while the old software and licenses are removed and new software and associated licenses are installed on computers and servers from the new vendor before analysts could get back to work. Continuing procurement with the same vendor saves GOVT time and costs not reflected in the purchase price alone.

TECHNICAL AND REQUIREMENTS CERTIFICATION REQUIRED BY FAR 8.405-6(d) and/or FAR 16.505(b)(2) I certify that the facts and representations under my cognizance which are included in this justification and which form a basis for this justification are complete and accurate.

Technical Cognizance:

Title: Phone:

Organization: Code:

CONTRACTING OFFICER'S CERTIFICATION:

FAR 8.405-6(d)(1): For a proposed order or BPA with an estimated value exceeding the simplified acquisition threshold, but not exceeding $650,000. I certify that this justification is accurate and complete to the best of my knowledge and belief.

FAR 16.505(b)(2)(ii)(A): Orders exceeding $3,000, but not exceeding the simplified acquisition threshold.

The contracting officer shall document the basis for using an exception to the fair opportunity process.

FAR 16.505 (b)(2)(ii)(C)(1): For proposed orders exceeding the simplified acquisition threshold, but not exceeding $650,000, the ordering activity contracting officer's certification that the justification is accurate and complete to the best of the ordering activity contracting officer's knowledge and belief will serve as approval, unless a higher approval level is established in accordance with agency procedures.

REVIEW BY OFFICE OF COUNSEL (ALL ACTIONS EXCEEDING $150,000)

APPROVAL REQUIRED BY COMPETITION ADVOCATE

FAR 8.405-6(d)(2): For a proposed order or BPA with an estimated value exceeding $650,000, but not exceeding $12.5 million, the justification must be approved by the competition advocate of the activity placing the order.

FAR 16.505 (b)(2)(ii)(C)(2) For a proposed order exceeding $650,000, but not exceeding $12.5 million, the justification must be approved by the competition advocate of the activity placing the order.