N6230619P0004_JA_Cleansweep_redacted.pdf

J&A No. JA-19-006

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 Contents, the justification shall incorporate sufficient facts and rationale to support the use of the statutory authority cited.

1. Contracting Activity.

Naval Oceanographic Office

Contracts Department

1002 Balch Blvd.

Stennis Space Center, MS 39522-5001

2. Description of the Action Being Approved.

The government anticipates awarding a firm fixed price purchase order on a sole source basis for commercial items to Oceanic Imaging Consultants. This contract will utilize FY19 Operation and Maintenance funding to procure software maintenance and support. The proposed period of performance consists of one (1) base year, and four (4) option years from 11/1/2018 to

10/31/2023

3. Description of Supplies/Services.

The Surf Eagle Program has a requirement to obtain software maintenance in support of daily operations. Listed below are the part numbers, quantities, and descriptions needed.

Hardlock Dongle # Software

USB 501853809 (was DDAJ5) Cleansweep USB 501853809 (was DDAGV) Cleansweep

USB 501853809 (was DDAGK) Cleansweep

USB 501853809 (was DDAGW) Cleansweep

USB 501853809 (was DDAGW) Cleansweep

D5VQ3 GeoDAS-Desktop

1074890884(single license) Cleansweep

Estimated Dollar Value

BASE OPTION

OPTION

OPTION

OPTION

Total

RDT&E

OPN

$45,898.76

$45,898.76

$46,371.52

$46,371.52

$46,849.15

$46,849.1

$47,331.70

$47,331.70

$47,819.22

$47,819.22

$238,095.25

$238,095.25

O&MN

Total 5

4. Statutory Authority Permitting Other Than Full and Open Competition.

6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements

5. Rationale Justifying Use of Cited Statutory Authority.

Oceanic Imaging Consultants is the exclusive worldwide manufacturer of all Cleansweep /

GeoDAS Desktop software products. Oceanic Imaging Consultants is the sole manufacturer and distributor of the software and the only company that has the source code. The quality of supplies and services are unique in such a way that Oceanic Imaging Consultants (OIC) is the only company that can provide software updates and software maintenance.

This software is already being used by the Surf Eagle program. There are numerous existing licenses which require vendor support. This requires NAVOCEANO to retain maintenance on this software suite.

To replace the current software suite would cost estimated $500K that has already been invested at NAVOCEANO for this requirement. This includes, but is not limited to, the original actual software costs, yearly maintenance since inception, ongoing associated training cost for personnel, and lastly, the intangible axillary effects to the various programs and projects that collaborate to result in the end product. Down time would cause unacceptable delays and would degrade the support for the fleet and would suffer and lessen the Mission Partner’s ability to fully support their production mission requirements.

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

Oceanic Imaging Consultants is the only company that can provide the software support and updates. The procurement is to acquire annual software maintenance for existing software which is required by intelligence community directive 503 and 501.

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.

At this time, NAVO has no plans to change software suites. Oceanic Imaging Consultants, Inc.

(OIC) is the author and sole-source supplier for the software products known as GeoDAS-

Desktop and CleanSweep in the coterminous United States, Alaska and Hawaii. While OIC has

FOR OFFICIAL USE ONLY

numerous international agents in China, Japan, Canada, South America and Europe, there are no

U.S. sales agents, and as such would be the sole provider of GeoDAS-Desktop and CleanSweep.

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.

_____________________________ _________________________Date: 2018.11.01 14:20:25 -05'00'

______________ 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:

_____________________________ _________________________Date: 2018.11.01

14:28:13 -05'00'______________ Signature Name (Printed) Date

Requirements Cognizance:

7_____________________________ _________________________Date: 2018.11.01

14:29:10 -05'00'______________

Signature Name (Printed) Date

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

MARQUEZ.CYNTHIA.T.126448188 Digitally signed by

MARQUEZ.CYNTHIA.T.1264481887

Digitally signed by

MARQUEZ.CYNTHIA.T.1264481887 MARQUEZ.CYNTHIA.T.1264481887

HARRIEL.KEVIN.H.1115076198

Digitally signed by HARRIEL.KEVIN.H.1115076198 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HARRIEL.KEVIN.H.1115076198

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.

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

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).

BROWN.LISA.K.1384

383021

Digitally signed by BROWN.LISA.K.1384383021 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USN, cn=BROWN.LISA.K.1384383021 Date: 2018.11.06 10:14:56 -06'00'