N3904024Q0120 - Sole Source JA Signed_Redacted.pdf

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:

The nature of this action is to procure Sole Source Accusoft Prizm for the Naval Sea Systems Command (NAVSEA) Corporation. This procurement will be awarded as a firm-fixed-priced delivery order to Accusoft Corporation. The estimated cost is The period of performance is 29 Jun 24 to 28 Jun 25 with a required delivery date of 29 Jun 24.

Fiscal Year 2024 Operation and Maintenance, Navy funds are provided on funding document:

Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility – N3225324RC14123 Portsmouth Naval Shipyard – N3904024RC40255 Norfolk Naval Shipyard – N4215824RC40545 Puget Sound Naval Shipyard & Intermediate Maintenance Facility – N4523A24RC00MG3

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.

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.

3. __X_ OTHER REASONS.

Accusoft Corporation is the only authorized developer and service provider for Prizm ActiveX Viewer v10 and associated Accusoft software. Prizm Viewer is mandatory software used to access information on the Department of Energy NNPP Net Web. The web permits access to classified data not available on any other web network. This procurement supports the shipyard’s local, corporate and COTS applications which provide critical data and management of submarine overhauls conducted. This software is used by nuclear and non-nuclear engineers/technicians which enables them to view Classified Nuclear Submarine System technical manuals. Some of the manuals are only available in their electronic format and are integral to writing and executing submarine repair procedures, safely operating nuclear submarines during maintenance, and troubleshooting sensitive nuclear/non-nuclear submarine systems.

The aforementioned OEM of this requirement is the only company capable of maintaining its source code. Use of non-compliant/non-authorized OEM products will void current support contract for this product. Market research was conducted to identify availability via Department of the Navy Enterprise License Agreement (DON-ESL) Program Government-wide acquisition contracts, Department of Defense Enterprise Software Initiative (DOD-ESI) Government-wide acquisition contracts, National Aeronautics and Space Administration Solutions for Enterprise- Wide Procurement (NASA-SEWP) Government-wide acquisition contracts, General Services Administration (GSA) Government-wide acquisition contracts, the Open Market , Department of Defense Approved Products List (DODIN-APL), Army Computer Hardware Enterprise Software and Solutions - Information Technology (ARMY-CHESS-IT) Government-wide acquisition contracts, and other potential sources.

Based on current market research dated Mar 2024, it has been determined only the aforementioned brand name Accusoft Prizm can fully support the Government’s needs. No competitor functional replacement products exist in the market at this time to meet the Government's needs. The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions; e.g., there are similar products and/or product support in the marketplace that provide the same functionality, Accusoft releases ownership rights of product, or it is economically feasible to procure a new system.

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

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:

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.

Signature Name (Printed) / Phone # Date

B. Contracting Officer Approval:

Signature Name (Printed) / Phone # Date

Lisa Fielding 5/6/2024

FIELDING.LIS

A.ANN.150953

Digitally signed by

FIELDING.LISA.ANN.150

9537735 Date: 2024.05.06 09:35:52 -04'00'