SSD_CostWorks_FY20_Redacted.pdf

DON SAP SINGLE SOURCE

N62470-20-Q-5005

JUN 2019

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN

ACQUISITION UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Gordian (vendor) will provide licenses and maintenance for sixty concurrent network licenses for the CONUS NMCI network. CI will fund 21 licenses and PW will fund 39 licenses. The licenses will include the following cost data titles: Assemblies, Building Construction, Commercial Renovation, Concrete & Masonry, Electrical, Facilities Maintenance & Repair, Interior, Mechanical, Plumbing, Site Work & Landscape, and Square Foot.

The period of performance for this requirement will be for one-year, 01 January 2020 through 31 December 2020. The estimated value of this requirement is $212,101.20.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING:

A. _X_ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. _X_ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Gordian is the only developer/provider of maintenance and support for the CostWorks program and RSMeans cost data. In addition, Gordian owns the intellectual and perpetual rights to the software and cost data. No authorized reseller network currently exists.

3. _X_ OTHER REASONS.

The NAVFAC Capital Improvements Configuration and Control Board (CI CCB) standardized on RSMeans CostWorks to perform cost estimates on our construction projects.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS:

Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Contracting Officer Approval

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