FINAL_-_Redacted_JA_N00178-16-C-3002.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

DAHLGREN DIVISION

6149 WELSH ROAD SUITE 203

DAHLGREN VIRGINIA 22448-5130

IN REPLY REFER TO

DL: 13657

N00178-16-C-3002

29 Jun 2016

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

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

2. Description of the Action Being Approved

Award of a firm fixed price contract on a sole source basis for software licenses and support services for the NSWCDD, Test

Environment Engineering Branch (V41), manufactured by Concurrent

Computer Corporation.

3. Description of Supplies/Services

Concurrent Computer Corporation will be providing the following software and support:

Description Part Number Quantity

RedHawk Linux Right-to-Use License

W-RHL-RT-UL 75

Software Support & Maintenance SW-YM 2

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

The estimated cost of the proposed contract action is

$151,500.00. Fiscal Year (FY) 2016 Other Procurement, Navy funding will be utilized for this procurement.

4. Statutory Authority Permitting Other Than Full and Open

Competition

10 U.S.C. 2304(c)(1) – Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Rationale Justifying Use of Cited Statutory Authority

The software identified is required for the Combined Integrated

Air & Missile Defense Antisubmarine Warfare Trainer (CIAT) Naval

Base Norfolk and the Reconfigurable Combat Information Center

Trainer at the AEGIS Training & Readiness Center. The identified software will be used in the design and operation of the Combat Information Center and the Instructor Operator System

Room. The required software must be compatible in all aspects

(form, fit and function) with existing systems presently installed. Since the CIAT system architecture has been designed based on Concurrent’s RedHawk software, use of another brand would require significant redesign of hardware, software, and system architecture. The redesign would result in substantial cost, estimated at $250,000.00 to the government in testing, training, and development while causing unacceptable delays, estimated at 12 months, in program schedule and the fielding of the system. Concurrent is the original software publisher with no authorized resellers for the RedHawk software products.

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

Offerors as Practicable

Market research conducted included the following:

(1) Contacting knowledgeable individuals in government and industry regarding market capabilities to meet requirements.

(2) Reviewing the results of recent market research undertaken to meet similar or identical requirements.

(3) Querying government data bases that provide information relevant to agency acquisitions.

(4) Participating in interactive, on-line communication among industry, acquisition personnel, and customers.

(5) Obtaining source lists of similar items from other contracting activities or agencies, trade associations and other sources.

(6) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line.

As a result of the above market research and the review of the manufacturer’s compatibility and system specifications, it was revealed that these products would be the only solution compatible with the production suite.

A Sources Sought notice for the acquisition was posted on the

Federal Business Opportunities (FEDBIZOPS) website on 18 April

2016 requesting capability statements from interested vendors to confirm that the OEM was the sole source provider for the required software and support services. No responses were received during this timeframe.

The proposed acquisition was then synopsized on the FEDBIZOPS website on 22 April 2016 and only Concurrent Computer

Corporation expressed an interest in this requirement. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Concurrent Computer Corporation to provide the required software and support.

7. Determination of Fair and Reasonable Costs

The Contracting Officer has determined that the anticipated cost to the Government for the software licenses and support services covered by the J&A will be fair and reasonable.

8. Actions to Remove Barriers to Competition

Based on the Office of the Chief of Naval Operations direction, additional procurements of RedHawk software are possible for

CIAT. These procurements would take place in FY 2017 based on the light-off of each CIAT shore based trainer concentration area. If it is determined that Redhawk software is needed, additional market research will be conducted to ensure additional sources are identified. If another potential source emerges, Dahlgren Contract Division will assess whether competition for future requirements is feasible.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

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

David Bateman, V41, Phone No. Date

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303(90))

I have determined this justification is legally sufficient.

Brian Kau, Legal Counsel, 00L, Phone No. Date

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12))

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

15 Jul 16__

Angela Bowling, Contracting Officer, 026, Phone No. Date