N0003020F4082 ACEIT JA.pdf

J&A# 20,049

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Agency and Contracting Activity

The agency and contracting activity for this effort is the United States Department of the Navy’s Strategic Systems Programs Office (SSP) located at the Washington Navy Yard, 1250 10th Street SE, Washington, D.C. 20374.

2. Description of the Action Being Approved

The acquisition of the supplies/services as described in Paragraph 3 below using an exception to fair opportunity under a Government Wide Acquisition Contract (GWAC).

3. Description of Supplies/Services and Estimated Value

This requirement is for annual maintenance and licensing for Tecolote Research, Inc.’s ACEIT software with three (3) 1-Year options. The total estimted value of this requirement is

; for the base period and for each of the three option periods.

4. Statutory Ordering Authority/Exception to Fair Opportunity Authority

This action is being executed under the statutory authority of NASA's designation as an Executive Agent by the Office of Management and Budget (OMB) for Government-wide acquisitions of information technology pursuant to the provisions of the Clinger-Cohen Act (40 U.S.C. 11302(e). The applicable exception to fair opportunity is FAR 16.505(a)(4)(i) Brand Name.

5. Rationale Justifying Use of Cited Exception to Fair Opportunity Authority

SSP has determined that ACEIT analysis software is essential to the Government’s requirements and market research indicates other companies’ similar products do not meet, or cannot be modified to meet, the agency’s needs. Only Tecolote Research, Inc products meet or can be modified to meet SSP’s needs.

ACEIT is an automated architecture and framework system for cost estimating, cost analysis, cost research, cost data collections, financial analysis, business case analysis, cost uncertainty analysis, and other cost analysis tasks. ACEIT was developed for US Government cost analysts to provide a suite of applications to automate and facilitate cost analysis and budget development. Attempts to utilize an alternative brand name product would require a significant investment of time, funding, and personnel resources to identify new software, validate requirements compliance, procure and install the new

DEPARTMENT OF THE NAVY

DIRECTOR STRATEGIC SYSTEMS PROGRAMS

1250 10TH STREET SE, SUITE 3600

WASHINGTON NAVY YARD, DC 20374-5127

software, and train the command personnel required to use the software during a period that does not support suspension of ongoing analytical requirements utilizing the existing software.

Further, because SSP already owns ACEIT the annual costs are minimal to maintain versus procuring a new software.

6. Fair and Reasonable Price Determination

Prior to award, the Contract Specialist will perform a price analysis using the proposal analysis techniques at FAR 15.404-1 to determine the price for this requirement as fair and reasonable.

Award will not be made if the price cannot be found fair and reasonable.

7. Actions Taken to Remove or Overcome Barriers to Competition

Based upon the aforementioned facts and details identified in Paragraph 5 above, the Government does not foresee a feasible alternative to the selected brand.

CERTIFICATION AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

CONTRACTING OFFICER APPROVAL

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

Upon the basis of the above justification, I hereby approve.