MATLAB_Sole_Source_JA-_fully_executed.pdf

MATLAB PURCHASE

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using

FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

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 requirement is limited to the purchase and software assurance of additional MATLAB toolboxes and modules. The Program Officers (POs) and researchers at ONR need to have a robust suite of MATLAB software tools available for complex mathematical computations and for senior level briefings that include MATLAB simulations. While most of the ONR POs have the basic MATLAB software module already installed, there are additional toolboxes and modules required to perform additional functions. These additional toolboxes and modules are required before 30 September 2018.

MATLAB software is owned by MathWorks. ONR currently has an existing contract with

ZIBIZ Corporation, a Small Business, via N00014-17-P-4007 for annual maintenance of existing basic licenses plus toolboxes and modules. This contract’s current period of performance ends 30

NOV 2018 but contains an additional Option Year thru 30 NOV 2019. This purchase will not extend the life of this contract beyond 30 NOV 2019.

The modification will be executed in accordance with ‘FAR 52.212-4(c) Contract Terms and

Conditions – Commercial Items’. This modification is an out of scope change to provide for the addition of MATLAB add-on modules, which were not identified in the original statement of work. The addition of the MATLAB modules will increase the purchase order price by an estimated $40,000, from $71,000 to $110,000, which is a 65% increase in overall price. A revised statement of work will be included in the modification. This will be a bilateral modification.

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

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

2. ___ 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.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE

SOURCE, should be left blank).

3. X OTHER REASONS.

ONR released RFQ #99355 via NASA SEWP on 15 August 2018 but no bids were submitted.

While Market Research indicated there were multiple vendors capable of providing this service via NASA SEWP, no responses were submitted. After further review of the requirements, it was discovered that the requested add-on toolboxes and modules relied on a pre-existing basic

MATLAB license. The Office of Naval Research awarded purchase order N00014-17-P-4007 to

ZIBIZ Corporation on 01 December 2016 for basic MATLAB licenses. The Program Office determined that the purchase order could support the requirement for the new add-on toolboxes since they provided the basic MATLAB license, which is needed in order for the add-on toolboxes to function. Therefore, it is in the best interest of the Government to modify the existing purchase order N00014-17-P-4007 to accommodate for the additional add-on toolboxes in order to which contains the base MATLAB licenses.

B. X BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

MATLAB by name software is required since ONR users, IT systems, and processes have already been configured to utilize this system. ONR Program Officers already have the basic

MATLAB Software Module available and in use. These additional toolboxes only work with

MATLAB software. Furthermore, the Navy has already approved MATLAB for use via the

DON Applications and Database Management System (DADMS) Application Inventory list. No other software applications are already Navy approved for use that perform this function.

In addition, MathWorks products such as MATLAB software contain a high-level technical computing language and interactive environment for algorithm development, data visualization data analysis, and numeric computation. The MATLAB software products provide unique capabilities in a wide range of applications. The ONR Program Officer’s request this product by name due to its performance, industry use, and unique capability.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

06 703-696-4015

John Whitehead Code Phone Date

B. Contracting Officer Certification/Approval.

CONTRACTING OFFICER CERTIFICATION REQUIRED BY FAR (13.106-1(b)

I certify that this justification is accurate and complete to the best of my knowledge and belief.

254 703-696-2601

Gina Walker Code Phone Date