JA_FINAL_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE SW

WASHINGTON, DC 20375-5320

Justification for Other than Full and Open Competition Under Simplified Procedures For Certain Commercial Items In Accordance

With Federal Acquisition Regulation (FAR) 13.5

PURCHASE REQUEST NO. 82-4069-19

J&A NO: J&A13.501-19AR01

Estimated Cost: $

On the basis of the following, I, as the Contracting Officer, hereby approve the use of a sole source proposed contractual action pursuant to the authority of :

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

1. The U.S. Department of Navy; Naval Research Laboratory Contracting Division proposes to enter into a sole source contract with Wind River Systems of Yardley, PA , under simplified procedures for certain commercial items included in FAR subpart 13.5.

2. The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5.

NRL contracts seeks the approval to establish a purchase order with AVNET INC for VxWorks operating system software.

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

This requirement is for the renewal of fourteen (14) VxWorks Named User Licenses. The period of performance is 04/10/2019-04/09/2020. The estimated value of this purchase is $

4. The statutory authority permitting sole source.

☒ 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

This operating software is used on the flight computer for the NRL Fountainhead mission, the GEO Robotics mission, along with the ground control software computers for the simulators of both spacecraft.

Only AVNET INC can enter into this agreement for their VxWorks operating system software. This software is written and owned by AVENT INC. The company does not have any authorized resellers of this software.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized in FEDBIZOPPS (as required by FAR 5.2) and, if not, which exception under 5.202 applies.

See paragraphs 8 & 9. Wind River Systems is the sole developer and distributor of the required software.

As required by FAR 5.207 a Notice of Intent was synopsized to FBO.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P56_9651 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P67_10794

pg. 2

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The Contracting Officer has determined the anticipated cost to the Government of the supplies covered by this J&A are fair and reasonable through the use of price analysis under FAR 13.106-3. The anticipated cost to the Government is $

8. A description of the market research conducted and the results or the reason market research was not conducted.

AVENT INC was contacted to determine if their company has any authorized resellers of their VxWorks software. It was confirmed by Patrick Kahney, a representative of Wind River Systems, that there are no authorized resellers of their software.

9. Any other facts supporting the use of sole source.

The division has been using the software for over 25 years. A number of programs over that time have performed trades to identify new options and/or alternatives. The limiting factor is the single-board computers that are qualified for space applications. These computers come with a VxWorks board support package that allows the operating system to plug and play with our software. To write the board support package for another operating system would cost, based on previous efforts, $400K-$600K. The fact that this vendor works with the flight computer vendors and provides that package in addition to the current programs and software NRL has makes it more cost effective at this time to continue to use this software.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None.

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

For the reasons set forth in Paragraph 5, NRL has no plans at this time to compete future contacts for the types of supplies/services covered by this document. If another potential source emerges, NRL will assess whether competition for future requirements is feasible.

pg. 3

CERTIFICATION AND APPROVAL

REQUIREMENTS COGNIZANCE

I certify that the facts and representations under my cognizance that are included in this justification and that form a basis for this justification are complete and accurate. I understand that the processing of this justification precludes full and open competition.

SIGNATURE(Requestor) (Print name/title) CODE PHONE DATE

LEGAL SUFFICIENCY REVIEW

On the basis of the justification, I determined that it is legally sufficient.

SIGNATURE(Legal) (Print name/title) CODE PHONE DATE

CONTRACTING OFFICER (IF > $150,000 AND <700,000): (Procurement Office use Only)

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

On the basis of the justification, I hereby approve the use of a sole source proposed contractual action pursuant to the authority of 41 U.S.C. 1901 ☐ 41 U.S.C. 1903

SIGNATURE(Contracting Officer) (Print name/title) CODE PHONE DATE

ACTIVITY ADVOCATE FOR COMPETITION APPROVAL (IF > $700,000 AND < $13,500,000):

SIGNATURE(Competition Advocate) (Print name/title) CODE PHONE DATE

Not Applicable

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO THE CONTRACTING OFFICER

IDENTIFIED ABOVE.