N6230619P0001_FY19_JA_PVWave_redacted.pdf

February 2018 CONDEPTSOP 4200.03

J&A No. JA-19-001

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

Authority: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1

Pursuant to the Competition in Contracting Act (CICA) and in accordance with FAR 6.303-1

Requirements and FAR 6.303-2 Content, the justification shall incorporate sufficient facts and rationale to support the use of the statutory authority cited.

1. Contracting Activity.

This is a Sole Source Justification to procure an annual software subscription for ROGUE

WAVE Software (PV-WAVE) to be executed by Naval Oceanographic Office (NAVOCEANO)

Contracts Department. NAVOCEANO proposes to enter into a contract award with ROGUE

WAVE Software, Inc.

2. Description of the Action Being Approved.

The Government anticipates awarding a firm-fixed price purchase order utilizing FY19

Operation and Maintenance funding for PV-WAVE Software Maintenance Support. The proposed order period of performance: 10/1/2018 through 9/30/2019;

3. Description of Supplies/Services.

CLIN # Brief Description of Supply Part Number Unit Qty

0001 Floating Object License (UNIX) 201212079521 ea 2

0002 Floating Runtimes (UNIX) 201212079522 ea 4

0003 Floating Runtimes (UNIX) 201212079526 ea 4

0004 PC Runtime 201212079527 ea 1

0005 PC Runtime 201212079534 ea 1

0006 PC Node Locked 201212079535 ea 1

0007 PC Node Locked 201212079540 ea 1

0008 PC Node Locked 201212079541 ea 1

0009 Floating Object License (UNIX) 201212079523 ea 2

0010 Floating Object License (UNIX) 201212079528 ea 1

0011 Floating Object License (UNIX) 201212079529 ea 1

FOR OFFICIAL USE ONLY

Estimated Dollar Value

BASE OPTION

OPTION

OPTION

OPTION

Total

RDT&E

OPN

O&MN

Total $15,586.20 $15,586.20

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, as implemented by FAR 6.302-1

5. Rationale Justifying Use of Cited Statutory Authority.

Market research via the internet has revealed that ROGUE WAVE Software, Inc. is the only manufacturer of PV-WAVE software and is the only provider of maintenance support for their product. The manufacturer’s sole source letter is an attachment in the procurement package.

Rogue Wave (PV-WAVE) software products provide the unique capability to build visual data analysis applications to detect and display patterns, trends, anomalies and other vital information, critical to the NAVOCEANO mission. The support is required to maintain the existing

PVWAVE software products. Rogue Wave holds proprietary rights to all aspects of their products, including source code, therefore any files created by the engineers using this software falls under the "proprietary" data limits. Inserting different software into this environment and achieving the current level of functionality, interoperability, and capability would require a complete overhaul of the existing software, and require additional training, and have a significant negative impact on NAVOCEANO mission and capabilities while an overhaul occurred.

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

Research was conducted in technical/trade publications and via internet searches. These searches have not revealed additional sources for these software support requirements, indicating that Rogue Wave, Inc. is the manufacturer and sole-source provider of software maintenance for PV-WAVE products. No other source can provide the unique and essential specifications as stated herein.

7. Determination of Fair and Reasonable Cost.

Before making award, the Contracting Officer will determine that the proposed price is fair and reasonable based on one of the techniques identified in Federal Acquisition Regulation (FAR)

Subpart 13.106-3 – Award and Documentation.

8. Actions to Remove Barriers to Future Competition.

Prior to the award of future contracts, market research will be completed to determine if potential sources have emerged that will allow for competition.

J&A No. JA-19-001

CERTIFICATIONS AND APPROVAL

CONTRACT SPECIALIST CERTIFICATION

I certify that the facts supplied by the requiring activity to ensure this J&A contains sufficient facts and rationale to justify the use of the specific authority cited is complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) Date

TECHNICAL/REQUIREMENTS CERTIFICATION

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 Cognizance:

Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

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

To the extent that the J&A value not exceeding $700K, the Contracting Officer’s signature below also represents approval of this J&A.

Signature Name (Printed) Date J&A No. JA-19-001

CONTRACTING ACTIVITY COMPETITION ADVOCATE REVIEW

To the extent that the J&A value is over $700K but not exceeding $10M, the Competition

Advocate’s signature below represents approval of this J&A.

APPROVAL

Upon the basis of the above justification, I hereby approve, as Head of the Contracting Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(x)(provide appropriate citation).

NAVSUP N72 Name (Printed)

APPROVAL

Upon the basis of the above justification, I hereby approve, as Senior Procurement Executive of the Navy, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(x)(provide appropriate citation).