N00178_250080.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

IN REPLY REFER TO

Code:

JUSTIFICATION FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Dahlgren Division (NSWCDD), Contracts Department

2. Description of the Action Being Approved

Award of a firm-fixed-priced delivery order under the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) Government-wide acquisition contract (GWAC). The proposed order will be on a limited source basis for brand-name licenses and renewals, manufactured by Nintex Global Limited.

3. Description of Supplies/Services

The requiring activity is the Naval Surface Warfare Center, A quantity of one (1) Nintex Divisional Subscription for 5000 employees, part number NSEWULWF5000, manufactured by Nintex Global Limited is required.

Delivery is required for a license period of 10 June 2025 – 9 June 2026.

The Government’s minimum needs have been verified by the certifying technical and requirements personnel.

The estimated cost of the proposed contract action is

. Fiscal Year (FY) 2025 Service Cost Center (SCC) funds will be utilized.

4. Identification of Exception to Fair Opportunity Process

41 U.S.C. §§ 4101 – 4106, as implemented in FAR 16.505(a)(4);

Requirements for use of items peculiar to one manufacturer.

J&A Number: DN-25-

5. Rationale Justifying Use of Cited Statutory Authority

The Naval Surface Warfare Center, has been tasked with supporting with purchasing Nintex software licenses. requires the requested Nintex renewal software for to have the ability

The requested software contains

. The software also creates

This procurement request is a contract renewal of an existing product currently being utilized. This software must be compatible (form, fit, and function) with the existing system infrastructure. Software maintenance/assurance of software products authorized for Navy use is required for compliance with DON SECNAV Instruction 5000.36A, Department of the Navy Information Technology and Applications Management. Without the ability to renew, the vendor maintenance contract for this software, This could result in a higher cost or longer completion times for tasking.

Project schedules would be negatively impacted by unplanned delays. The introduction of a new software application would cause increased system development, recovery and sustainment costs, as well as the loss of valuable time and unacceptable delays. The cost of this impact is estimated at requiring an additional six (6) months to deploy a new system.

This cost and time could not be recovered through full and open competition. This procurement will be an ongoing annual requirement to provide software maintenance support that will meet the requirements of the employing department.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

Market research was performed through internet searches and obtaining a market research quote. Market research was conducted and shows that Nintex Global Limited is the developer of the requested software. Additional market research has shown that there are multiple authorized resellers available for this product.

7. Determination of Fair and Reasonable Costs

The NASA SEWP GWAC does not establish the price for the required supplies. Therefore, the NSWCDD Contracting Officer will determine, using the procedures in FAR 15.4, that the order represents the best value to meet the Government's needs.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWCDD’s Contracts Department has no plans at this time to compete future contracts for the type of equipment covered by this document. If another potential source emerges, the Contracts Department will assess whether competition for future requirements is feasible.

9. Contracting Point of Contact

The point of contact for this requirement is Ashlee Wesley, 540-742-8849, ashlee.m.wesley.civ@us.navy.mil.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 16.505)

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical and Requirements Cognizance:

, TPOC Phone No., Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303-90)

I have determined this justification is legally sufficient.

NSWCDD LEGAL COUNSEL, , PHONE NO., DATE

CONTRACTING OFFICER CERTIFICATION AND APPROVAL (FAR 16.505)

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

Kimberly Curtin, CONTRACTING OFFICER, , PHONE NO., DATE