J&A_for_Fledermaus_Qimera_SW_Maintenance_Redacted.pdf

February 2018 CONDEPTSOP 4200.03

J&A No. JA-19-010

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 justification for other than full and open competition for software maintenance for current Fledermaus and Qimera software licenses. The resultant contract will be executed by the Naval Oceanographic Office (NAVOCEANO) Contracting Department. NAVOCEANO proposes to enter into a contract with Quality Positioning Services (QPS).

2. Description of the Action Being Approved.

The Government anticipates awarding a firm-fixed price contract on a sole source basis to Quality Positioning Services (QPS) utilizing FY19 Operations and Maintenance (OM&N) funding. The period of performance for maintenance support shall be for a base period of four

(4) months and one (1) twelve (12) months option.

3. Description of Supplies/Services.

This requirement is to provide software maintenance to current software licenses developed by QPS for Fledermaus Pro, Fledermaus Midwater, and Qimera Pro. Software updates and support needed to maintain QPS products are included.

Estimated Dollar Value

BASE OPTION 1 OPTION 2 OPTION 3 OPTION 4

RDT&E

FOR OFFICIAL USE ONLY

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

The statutory authority permitting the use of other than full and open competition for the requirement is 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1 – Only One Responsible Source and No Other Supplies of Services Will Satisfy Agency Requirements.

5. Rationale Justifying Use of Cited Statutory Authority.

QPS is the exclusive worldwide manufacturer and sole distributor of Fledermaus and Qimera Software Products and the only company that has the source code. QPS is the only company that can provide software updates and software maintenance.

Fledermaus Software is the only software suite offering full resolution interactive 2D & 3D visualization for multi-beam sonar data. There are no resellers nor another commercially available software package that can fulfill the role of Fledermaus and Qimera’s 3D manipulation and visualization of pings and beams of sonar data .

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

A sources sought was posted to NECO on 12 April 2019 with a close date of 26 April 2019 and no responses were received. Market research using internet searches via google, NASA SEWP and GSA.gov revealed that there are no other software or sources available to meet the Government’s needs. This software is the sole proprietary property of Quality Positioning Services, Inc. It is not available from any other vendors through resale or other means. This is maintenance for existing software that the Government has purchased.

7. Determination of Fair and Reasonable Cost.

Before making award, the Contracting Officer will determine the proposed price is fair and reasonable based on one (1) of the techniques identified in FAR 13.106-3 – Award and Documentation.

OPN

O&MN

Total

FOR OFFICIAL USE ONLY

8. Actions to Remove Barriers to Future Competition.

Based upon the information contained herein, 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.