N65540_02321503700.pdf

DEPARTMENT OF THE NAVY

NAVAL SURFACE WARFARE CENTER

CARDEROCK DIVISION

J&A Number: 0232-15-037-00 Code:

P.R. Number: TBD

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

JUSTIFICATION

1. Contracting Activity

The Naval Sea Systems Command, Naval Surface Warfare Center, Carderock Division (Code ).

2. Description of Action Being Approved

This is a sole source action to be awarded without providing for full and open competition. The proposed action is for a new Firm Fixed Price (FFP) contract to be awarded to XyEnterprise, Inc. (XyEnterprise), 201 Edgewater Drive, Suite 225, Wakefield, MA 01880 for renewal of software maintenance relating to licenses owned by/used by NSWCCD-SSES in support of NAVSEA/NAVSUP Technical Data Management. The scope of this contract includes all software licensed to NSWCCD-SSES and other NAVSEA activities as described in the software license agreement.

3. Description of Supplies/Services

The purpose of this contract is the renewal of the software maintenance and licenses as required by Navy Information Assurance policies for all US Navy approved IT systems. This agreement is estimated at a cost of $929,776.00 ( licenses) per year (with normal escalation each year thereafter of 5%). During FY 2015 there will be a one (1) time fee for PDF software at $50,000.00; therefore, FY 2015 will have a higher total of $979,776.00. The total estimated value of the proposed procurement is $5,187,596.00. The contract will cover a one (1) year base period with four

(4) twelve month options.

FY 2015 FY 2016 FY 2017 FY 2018 FY 2019

The software license renewals consist of the following: SDL Contenta; SDL S1000D Contenta; SDL Live Content; SDL S1000D Live Content IETM; and SDL XML Professional Publisher (XPP). Requirements described herein represent the Government’s minimum needs as verified by certifying technical and requirements personnel.

4. Statutory Authority Permitting Other Than Full and Open Competition

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304 (c)(1), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”, as implemented by paragraph 6.302-1 of the Federal Acquisition Regulation (FAR).

5. Rationale Justifying Use of Cited Statutory Authority

Carderock Division has been a leader in naval architecture and engineering analysis. Maintaining data integrity is a vital component of supporting Carderock’s mission. The subject requirements allow Carderock to retain functionality and continue to meet mission requirements.

NAVAL SHIP SYSTEMS

ENGINEERING STATION

5001 S BROAD ST

PHILADELPHIA, PA 19112-1403

REFER REPLY TO:

J&A Number: 0232-15-037-00

The Navy Information Assurance policy requires maintained licenses and software maintenance for all US Navy approved IT systems. The software license renewals consist of the following: SDL Contenta; SDL S1000D Contenta; SDL Live Content;

SDL S1000D Live Content IETM; and SDL XML Professional Publisher (XPP). These software licenses provide for XML Component Content Management (CCM) and Dynamic Publishing solutions; wherein, the software is comprised of technologies that manage, reuse and deliver product information across a company’s base of global customers, including everything from service manuals to user documentation.

Specific rationale for using XyEnterprise is below:

The interoperability of the system is critical to the continuity of the whole system.

The system can’t be split into separate subsections without compromising system integrity and overall maintenance.

XyEnterprise has proprietary software installed and maintained for the system to work.

The existing system is worth approximately $1,000,000.00 to $2,500,000.00. NSWCCD needs to keep the continuity of providers to prevent a service breakdown. These systems are critical components in the mission of Carderock RDT&E.

This procurement is necessary to ensure data integrity for technical analyses performed by the NSWCCD. The design of the system was performed by XyEnterprise. XyEnterprise provided specialized hardware and software to increase performance, reliability, and rapid recovery. They are therefore uniquely qualified to provide compatible spare parts. Due to these conditions, only maintenance as provided by the original hardware provider will satisfy this requirement.

XyEnterprise is the only authorized provider of the commercial software and software maintenance for these products;

wherein, they do not provide authorized resellers of maintenance. This maintenance covers all software upgrades, and patches, as well as help desk support. Additionally, the Government does not have the rights to modify the technical data and the software codes. Based on the above, only XyEnterprise possesses full legal rights to this information.

XyEnterprise is not willing to sell complete technical data and software source codes to the Government. Based on the fact that XyEnterprise has developed the proprietary software source codes at their own expense and the fact that XyEnterprise will not sell this proprietary software to the Government, they are the only firm that can provide the required services and licenses.

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

The proposed acquisition was synopsized in the Federal Business Opportunities (FedBizOps) website on 13 April 2015, in accordance with FAR 5.2. There were no responses obtained as a result of the synopsis notification. No additional market research will be conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than XyEnterprise to provide the required supplies and services.

7. Determination of Fair and Reasonable Costs

The Contracting Officer will determine whether the cost to the Government for the supplies/services covered by this Justification and Approval is fair and reasonable, prior to award.

8. Actions to Remove Barriers to Competition

For the reasons set forth in Paragraph 5, NSWCCD Code has no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential source emerges, NSWCCD will assess whether competition for future requirements is feasible.