J&A_for_NX_SW_Renewal.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUSITION

OVER $3000 AND UNDER $150,000

Date: Jan 8, 2019 PR 4: PR00004980

FAR 13.106-1 (b)( 1) Soliciting from a single source. (1) 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).

1. Nature and/or description of the item/service being procured and its intended use (include the anticipated price):

This Justification and Approval authorizes the issuance of a firm fixed price contract for the procurement of brand name software maintenance that meets the government's requirement. Specifically, this requirement is for the manufacturer's brand software maintenance for ONI's existing licenses of Siemens PLM Software's proprietary NX and Femap software.

The required maintenance includes software patches, updates, licensing, license re-hosting, and technical support during the period of performance.

The estimated cost is Si- -.-per year.

2. Justification rationale (Check one and explain below):

Urgent and compelling need exists.

Urgent and Compelling Explanation (include critical delivery or performance dates, when you became

a. F aware of the requirement. Specific statement of how the mission would be impacted, financial or otherwise if the required delivery or performance dates are not met.):

b. D Exclusive Licensing Brand Name.

Brand Name Explanation (Particular item is essential to the Government's requirement. Other products lack particular features to meet agency need)

d. Industrial Mobilization

Explanation:

The manufacturer's brand (Siemens PLM Software) maintenance products are required due to the proprietary nature of the software. No other entity is able to create the binary software patches, updates, encrypted licenses, and provide licensing support for this software.

This does not preclude valid, OEM-authorized resellers from competing; however Siemens PLM Software's business practice is to assign a single reseller to each customer which effectively precludes competition among OEM-authorized resellers.

C.

REYNOLDS .BILLY.0

HARLES. 1209808699

Digitally signed by

REYNOLDS.BILLY.CHARLES. 1

209808699 Date: 20 19.01.08 06:36:20 -05'00

LANGDON.KAR

EN.B. 1023346474

Digitally signed by

LANGDON.KAREN.B. 10233464

Date: 2019.03.11 12:47:49 -0400'

3. Market survey (explain the results or why one was not performed. State whether any other offers were received or anyone expressed interest.)

Market research shows that NX software maintenance is of a proprietary nature. It is only available through the manufacturer and it authorized resellers.

4. The contracting officer certifies that the circumstances described on this document are accurate and valid. Circumstances of the contract action deem only one source reasonably available.

Technical / Requirements Originator

Contracting Officer