MFR - MATLAB - redacted.pdf

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Dean Matlab
Solicitation number
W519TC24P2524
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This document is a Memorandum for Record (MFR) related to a sole-source purchase order for MATLAB software licenses to support the United States Military Academy (USMA) at West Point.

The U.S. Army Contracting Command - Rock Island (ACC-RI) is awarding a sole-source, firm fixed price purchase order W519TC-24-P-2524 to MathWorks, Inc. for MATLAB Campus Wide Suite licenses. MATLAB is a proprietary programming language and computing environment used by USMA for a variety of applications. The justification for the sole-source award cites that MathWorks is the only vendor that offers the academic discounted pricing and licensing model required by USMA. The total estimated value of the purchase order is $182,661.84, with funding from the Army's Operations & Maintenance appropriation. Market research confirmed that no other products or vendors can meet USMA's specific requirements.

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1. Contracting Activity: U.S. Army Contracting Command - Rock Island, Rock Island Arsenal, Rock Island IL 61299-8000.

2. Description of Action:

Nature: □New Requirement 0 Follow-on Requirement

Contract Vehicle: [ZI Purchase Order Number TBD ----------□ Blanket Purchase Agreement (BPA) Number ________ _ D Order/BP A# ___ against FSS Contract Number ________ _ D Order# ___ against Multiple Award IDIQ Contract Name or# ______ _ D Order# ___ against a single award IDC Contract# _________ _ D Modification# ___ to existing PO/TO/DO/Call Order # ________ _

Pricing: D Fixed Price D Time & Materials/Labor Hours D Cost Reimbursable

Funds: [Z!Operations & Maintenance, Army Other Funds: _____ _ FY:---

Name of Proposed Contractor(s): The Math Works, Inc ---------------------------- Brand Name Buy IZ] Yes

3. Description of Services or Supplies: In layman's terms, briefly describe the services or supplies to be provided, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. Include the total estimated value of the proposed action (Do not use abbreviations):

TLAB is a proprietary multi-paradigm programming language and numeric computing environment developed by Math Worlcs. MATLAB allows trix manipulations, plotting of functions and data, implementation of algorithms, creation of user interfaces, and interfacing with programs written in ther languages. USMA uses it for a variety of application~ including data analysis, signal processing, image processing, control systems. MATLAB ampus Wide Suites, Vendor PIN CWSSMS.

4. Authority: Mark the applicable exception, choose only one

IZ] FAR 13 .106-1 (b )( 1 ): For purchases not exceeding the simplified acquisition threshold, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

□ FAR 8.405-6(a)(l)(i)(B) and 8.405-6(b)( l )Brand Name D FAR 8.405-6(a)(1 )(i)(B) Only One Source is Capable D FAR 8.405-6(a)(l)(i)(C) Logical Follow-on

Or

□ FAR 16.505(b)(2)(iXB) and 16.505(a)(4) Brand Name

□ FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable 0 FAR l 6.505(b )(2)(i)(C) Logical Follow-on

5. Reasons for Authority Cited:

D FAR 8.405-6(a)(l)(i)(A) Urgency

□FAR l 6.505(b )(2)(i)(A) Urgency

a. Explain why the intended contractor is the only reasonable source who can provide the required supplies or services. Discuss the unique capabilit ies, expertise, etc. that support the lack of competition.

b. For a brand name restriction - brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government's requirements. Explain why the brand specified is the only brand that will meet the Government's needs.

c . Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor.

In accordance with FAR 13.106-l(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 ( e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

The USMA CIO/G6, RMA has collaborated with the Joint Service Academy Computing Consortium (JSACC) on this evaluation. The JSACC develops, advises, and coordinates IT standards, policies and procedures that will support the student body, athletic, faculty and staff and military training mission requirements for all federal service academies for current and future requirements. Although MA1LAB can be sold via a third-party, the academic site license, pricing and model that USMA utilizes is only available to accredited colleges and universities through Math Works, as Math Worlcs is the only vendor that offers the academic discounted pricing.

Based on these recommendations detailed above ACC-RI is pursuing a sole source purchase order with The MathWorlcs, Inc. to obtain the licenses in order to avoid mission failure for core required classes.

6. Publicizing Contract Actions: For FAR 13 actions, the public display and synopsis requirements of 5.101 and 5.203 D do not apply due to the$ threshold, IZI apply and will be followed, or D do not apply due to an exception at 5.202 ________ . Fill in exception.

Requirement to postjustification IAW 8.405-6(b)(3), 13.105(c), or 16.505(a)(4)(iii)(A)

7. Market Research: Describe the extent of the market research conducted to identify all qualified sources and the results thereof. Provide month/date market research conducted to ensure it was within the last 12 months. If the requirement is a brand name specification, market research must support that other companies' similar products, or products lacking the particular feature specified, do not meet, or cannot be modified to meet, the agency's needs.

In April of 2024, the team evaluated MATLAB, System and provides live online training.

. Reference evaluations were provided for considerations on Only MA 1LAB integrates with Windows and the Academy's current Leaming Management

8. Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon ( describe technique to be used, e.g. price analysis, cost analysis, etc).

AW FAR 13.106-3(ii), the Government deems the anticipated price of this contract action to be fair and reasonable based upon the comparison of proposed prices with previous purchase prices determined fair and reasonable.

Based on the foregoing, I approve this justification to limit competition subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

ROSACKER.MARY.MICHELL Digitally signed by

ROBACKER.MARY.MICHELLE.1268916144

E.1268916144 Date: 2024.06.0410:07:40 ·05'00'

Signature Contracting Officer

MFR - MATLAB_Page_1
MFR - MATLAB_Page_2
MFR - MATLAB_Page_3

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