About this file

This is a justification memorandum for using other than full and open competition for an acquisition under the simplified acquisition threshold, prepared by NAVFAC (Naval Facilities Engineering Command) Pacific.

The acquisition is for specialized instructor-led training on RSMeans software for NAVFAC Pacific personnel to develop accurate cost estimates for construction projects, renovations, and facility maintenance within the Pacific Area of Responsibility. The training includes two main modules: RSMeans Software Training (covering account management, data navigation, life cycle cost estimating, location factors, and construction terminology) and Facilities Estimating Training (covering data structure, renovation estimating, pricing development, overhead calculations, and assembly modification). The Government already holds existing licenses for the RSMeans software.

The justification for sole source procurement is based on RSMeans being the exclusive owner of proprietary data, software, and methodologies protected by copyright and exclusive licensing agreements. Only certified RSMeans instructors can provide this training due to restrictive rights and exclusive licensing arrangements. The acquisition falls under FAR 13.106-1(b)(1)(i) for purchases not exceeding the simplified acquisition threshold where only one source is reasonably available. The memorandum has been certified by technical personnel and approved by the Contracting Officer, though specific dollar amounts, timeline, and contractor information are not specified in this justification document.

View the file

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states 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 (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

This acquisition is for specialized instructor-led training on RSMeans software, for which the Government already holds existing licenses for, designed specifically for NAVFAC Pacific personnel.

This training is critical for equipping NAVFAC personnel with the advanced skills and knowledge required to develop accurate and reliable cost estimates for diverse project scopes of work, including new construction, renovations, and facility maintenance, within the Pacific Area of Responsibility (AOR).

These cost estimating skills are essential for effective budget development, resource allocation, and successful project execution, directly supporting NAVFAC's mission to deliver cost-effective facilities and infrastructure solutions to the Navy.

RSMeans is the sole provider of this specialized training due to their proprietary ownership of the RSMeans data, software, and methodologies. Access to and training on these proprietary resources are restricted by copyright and exclusive licensing agreements. The training will leverage the comprehensive RSMeans data, which includes current construction cost estimates. RSMeans includes data for nearly every facet of a construction project, including materials, labor, transportation, and storage used for estimating new construction costs, renovation costs and Square Foot Costs data for quick preliminary estimates. This data is integral to the training and is not available from other training providers because only RSMeans is authorized to deliver training on their proprietary system.

RSMeans Software Training: Due to the proprietary and restricted nature of the RSMeans software, this training can only be provided by certified RSMeans instructors. This module will focus on effectively utilizing RSMeans Data Online platform and associated tools. Key topics will include:

• Account Management: Setting up and managing user accounts within the RSMeans Data Online system, including customization options and data preferences.

• Data Navigation and Search: Instruction on searching and filtering within the RSMeans cost datasets, focusing on efficient data retrieval techniques.

• Life Cycle Cost Estimating: Training on using the RSMeans Life Cycle Cost Estimator tool for developing cost projections that encompass initial construction, operating expenses, and ongoing maintenance.

• Location Factors: Instruction on applying RSMeans City Cost Index data to adjust cost estimates for regional variations specific to project locations within the Pacific AOR.

• Construction Terminology and Resources: Utilizing the RSMeans Construction Dictionary and RSMeans Crews data to ensure consistent terminology and accurate crew composition in cost estimates.

Facilities Estimating Training: This module will concentrate on applying RSMeans data and methodologies to NAVFAC facility projects. Topics will include:

• RSMeans Data Structure: Understanding the organization and structure of RSMeans data in its various formats (online and any print materials used).

• Renovation Estimating: Developing unit price renovation estimates utilizing RSMeans data.

• Pricing and Estimate Development: Instruction on using RSMeans data for pricing and developing comprehensive project estimates.

• Overhead and Billing Rates: Calculating overhead costs and developing contractor billing rates based on RSMeans data.

• Assembly Modification: Training on using and modifying assemblies within RSMeans data for renovation estimating.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. _X EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. OTHER REASONS.

File details come from the government source that posted it. Updated .