N6230619P0006_JA_FY19_MATLAB_SW_MAINT_redacted.pdf

JA-19-009

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.

Naval Oceanographic Office

Contracts Department

1002 Balch Blvd

Stennis Space Center, MS 39522

2. Description of the Action Being Approved.

The Government anticipates awarding a firm fixed price purchase order on a sole basis for commercial items utilizing

FY19 O&MN funding to MathWorks, Inc. The period of performance is twelve (12) months from date of award. The proposed period of performance is January 1, 2019 through December 31, 2019.

3. Description of Supplies/Services.

This requirement is for software maintenance developed by The Mathworks, Inc. Mathworks (MATLAB) software maintenance is required for existing Naval Oceanographic Office (NAVOCEANO) MATLAB commercial perpetual licenses. The description of each is as follows:

License

Type

Description Qty

SIP MATLAB Maintenance (MLSMS) 26

SCP MATLAB Maintenance (MLSMS) 2

SDCP MATLAB Maintenance (MLSMS) 38

SNNUP MATLAB Maintenance (MLSMS) 61

SIP* MATLAB Compiler Maintenance (COSMS) 4

SNNUP MATLAB Compiler Maintenance (COSMS) 4

SDCP MATLAB Compiler Maintenance (COSMS) 4

SIP Mapping Toolbox Maintenance (MGSMS) 6

SNNUP Mapping Toolbox Maintenance (MGSMS) 8

SDCP Mapping Toolbox Maintenance (MGSMS) 22

SIP Mapping Toolbox Maintenance (MGSMS) 8

SNNUP Signal Processing Toolbox Maintenance (SGSMS) 5

SCP Signal Processing Toolbox Maintenance (SGSMS) 2

SDCP Signal Processing Toolbox Maintenance (SGSMS) 16

SIP Signal Processing Toolbox Maintenance (SGSMS) 1

SIP Curve Fitting Toolbox Maintenance (CFSMS) 1

SCP Data Acquisition Toolbox Maintenance (DASMS) 1

SNNUP Global Optimization Toolbox Maintenance (GDSMS) 1

SIP Image Processing Toolbox Maintenance (IPSMS) 4

SDCP Image Processing Toolbox Maintenance (IPSMS) 1

FOR OFFICIAL USE ONLY

SCP Instrument Control Toolbox Maintenance (ICSMS) 1

SDCP Neural Network Toolbox Maintenance (NNSMS) 1

SIP Neural Network Toolbox Maintenance (NNSMS) 1

SDCP Optimization Toolbox Maintenance (OPSMS) 2

SIP Optimization Toolbox Maintenance (OPSMS) 1

SDCP Parallel Computing Toolbox Maintenance (DMSMS) 2

SNNUP Parallel Computing Toolbox Maintenance (DMSMS) 1

SIP Parallel Computing Toolbox Maintenance (DMSMS) 1

SDCP Spreadsheet Link EX Maintenance (ELSMS) 3

SIP Spreadsheet Link EX Maintenance (ELSMS) 2

SDCP Statistics and Machine Learning Toolbox (STSMS) 1

SIP Statistics Toolbox Maintenance (STSMS) 8

SNNUP Statistics Toolbox Maintenance (STSMS) 4

SDCP Symbolic Math Toolbox Maintenance (SMSMS) 15

SIP Symbolic Math Toolbox Maintenance (SMSMS) 3

SDCP System Identification Toolbox (IDSMS) 1

SIP Wavelet Toolbox Maintenance (WASMS) 1

SDCP MATLAB Compiler SDK Maintenance (MJSMS) 2

* SIP MATLAB Compiler SDK Maintenance (MJSMS) 4

*SDCP MATLAB Compiler SDK Maintenance (MJSMS) 4

* SNNUP MATLAB Maintenance (MLSMS) 4

Estimated Dollar Value

BASE OPTION 1 OPTION 2 OPTION 3 OPTION 4 Total

RDT&E

OPN

O&MN $100,392.00 $100,392.00

Total $100,392.00 $100,392.00

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting the use of other than full and open competition for this requirement is 10 U.S.C.

2304(c)(1) as implemented by FAR 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.

MATLAB (Matrix Laboratory) is a multi-paradigm numerical computing environment and proprietary programming language developed by Math Works. MATLAB allows matrix manipulations, plotting of functions and data, implementation of algorithms, creation of user interfaces, and interfacing with programs written in other languages, including C, C++, C#, Java, Fortran and Python, all essential to NAVOCEANO requirements.

NAVOCEANO oceanographers use MATLAB for both rapid ocean analyses that come from new requirements and making ocean products for existing requirements. NAVOCEANO has several intricate analysis and data processing tools built in MATLAB that would take a significant amount of man-hours to re-program in another language. The benefit of using MATLAB is that most of our partners in the oceanographic community (ARL, NRL, SCRIPPS, etc.) rely heavily on

MATLAB. It would be burdensome to re-write those scripts in another language as well.

Only one manufacturer is capable of providing MATLAB maintenance support required at the level of quality required because the supplies or services are unique or highly specialized. This maintenance is required to support systems running

MATLAB, an operating system on the NAVOCEANO scientific network. Without necessary software updates and support needed to maintain critical software for operations, impact would severely degrade capability and failure of

NAVOCEANO to satisfy customer requirements.

MATLAB holds proprietary rights to all aspects of the products, including source code, therefore any files created by the engineers using this software falls under the "proprietary" data limits. To replace this software with another brand would adversely impact production and the NAVOCEANO mission. Because it would require re-configuration of resources and processes, including installation and integration of the replacement software to ensure full compatibility with the current environment. This transition would not be cost advantageous to the government. In addition, due to system downtime that would be required during transition to replace software, production and mission support would be adversely impacted.

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

Market research revealed that MathWorks, Inc. is the manufacturer of the software. MathWorks, Inc. has a short list of authorized resellers; however, MathWorks, Inc. is the sole manufacturer. Any authorized reseller can potentially quote/process any MATLAB renewal. MathWorks, Inc. still supplies all products directly to the end user; the authorized reseller only processes the transaction on behalf of MathWorks, Inc. MathWorks, Inc. is the sole manufacturer of

MATLAB products and is the sole provider of any updates or technical support in North America.

7. Determination of Fair and Reasonable Cost.

Before making the award, the Contracting Officer will determine that the offered price is fair and reasonable based on

FAR 13.106-3 -- Award and Documentation.

8. Actions to Remove Barriers to Future Competition.

NAVOCEANO has no plan at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, an assessment will be made on whether competition for future requirements is feasible.

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:

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.