N6230619PR160_N6230619PR160NVREDACTED_JA.pdf

February 2018

JUSTIFICATION AND APPROVAL

FOR THE 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 brand name for an item particular to one (1) manufacturer that is capable of providing the supplies or services required to procure software licenses to be executed by the Naval Oceanographic Office (NAVOCEANO) Contracts Department. NAVOCEANO proposes to enter into a contract award with Math Works Inc.

2. Description of the Action Being Approved.

The government anticipates awarding a firm fixed price contract on a sole source basis to purchase software licenses utilizing FY19 O&MN funding, for a brand name item particular to one (1) manufacturer, to Math Works Inc. The proposed order period of performance is date of award to 12 months for one base year. The anticipated delivery date is thirty (30) days after receipt of order.

3. Description of Supplies.

The Naval Oceanographic Office (NAVOCEANO), Stennis Space Center, MS Special Projects Cell (0TPL) Program has a requirement to procure Matlab software maintenance. Listed below are the part numbers, quantities, and descriptions required. The proposed order is to procure software of the following minimal requirements outlined below.

Product Number Product Description Quantity

ML MATLAB 3

MG MAPPING TOOLBOX 3

DM PARALLEL COMPUTING TOOLBOX 3

SG SIGNAL PROCESSING TOOLBOX 3

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

5. Rationale Justifying Use of Cited Statutory Authority.

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 affect 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 and due to the system downtime with transitioning to different software it would negatively affect production and mission support.

Failure to obtain this software will degrade the programs’ ability to provide customer support with respect to safety of navigation, environmental situational awareness and processing the data received in accordance with the Memorandum of Agreement (MOA) between NAVOCEANO and CNO N2N6/F21. NAVOCEANO, Stennis Space Center, MS Special Projects Cell (0TPL) is the primary source for developing the environmental support for our customers.

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

In accordance with Better Buying Power 3.0 memo, “Implementation Directive for Better Buying Power 3.0 – Achieving dominant capabilities through Technical Excellence and Innovation,” market research conducted by web searches and inquiries with the manufacturer.

Market research revealed that Math Works Inc. is the manufacturer of the software. Math Works Inc. has a short list of authorized resellers; however, Math Works Inc. is the sole manufacturer of all products & provider of our services. Any reseller can potentially quote/process any Matlab renewal. Math Works Inc. still supplies any products & services directly to the end user. The reseller just processes the transaction on behalf of Math Works Inc. Please note that Math Works Inc. is the sole manufacturer of Matlab, Simulink and other products, and 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 proposed price is fair and reasonable based on one of the techniques identified in FAR Subpart 13.106-3 – Award Documentation.

8. Actions to Remove Barriers to Future Competition.

At this time NAVOCEANO has no intent to compete this requirement full and open, however, recurring market research will continue to be conducted throughout the lifecycle to examine suitability of emerging software technologies and products. If new software is capable and compatible, full and open competition will be sought to the maximum extent possible.

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:

LEGAL SUFFICIENCY REVIEW

I have determined this justification is legally sufficient.

N/A

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.

February 2018 CONDEPTSOP 4200.03

J&A No. JA-19-042

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.

N/A Signature Name (Printed) Date

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).

N/A