Redacted JA.docx

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity.

Naval Air Warfare Center Aircraft Division (NAWCAD) Lakehurst, NJ

2. Description of the Action Being Approved.

This Justification and Approval (J&A) authorizes and approves the issuance of a Firm Fixed Price contract with one 12-month base and four 12-month option periods for the procurement of Rustici Engine software maintenance and support services on a sole source basis to Rustici Software LLC. The total period of performance is anticipated to be five years.

3. Description of Supplies/Services.

The NAWCAD Webster Outlying Field Integrated C2 & Intelligence (IC2&I) Division has been tasked by the United States Marine Corps and the Department of the Navy (DoN) to provide continued maintenance and support services for the Rustici Engine software. Rustici Engine software is currently in use by the United States Marine Corps and the DoN to maintain interoperability between existing electronic learning courses and the current Learning Management System (LMS). The Rustici Engine software ensures that MarineNet, the United States Marine Corps distance learning network, complies with Shareable Content Object Reference Model (SCORM) standards set forth by the Department of Defense (DoD) Instruction 1322.26 issued on 16 June 2006. This procurement will provide the Marine Corps Distance Learning Distance Learning Network Operations Center (DLNOC) continued maintenance and support services for the Rustici Engine software currently integrated on the DLNOC network.

SCORM is an Application Programming Interface (API) that provides a set of technical standards produced by the Advanced Distributed Learning Initiative, a U.S. Government program, responsible for promoting best practices and facilitating the sharing of resources across the DoD and other federal agency’s learning tools. The SCORM standards govern how online learning content and multiple LMSs communicate with each other in order to maintain interoperability of different course packages and LMSs used throughout the DoD.

Rustici Software LLC provides ongoing software maintenance and product support for the Rustici Engine software, including software upgrades, maintenance releases, security patches, bug fixes, product enhancements, and services to ensure effective integration of the software with the current systems. Maintenance and support will cover any Rustici Engine software in use by the United States Marine Corps and the DoN. The Rustici Engine software will ensure the MarineNet system adheres to SCORM standards.

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

10 U.S.C. 2304(c)(1), 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.

Rustici Software LLC is the sole software developer of the Rustici Engine software. While Rustici Software LLC does have authorized distributors of its software products, Rustici Software LLC is the only source that provides required maintenance and support services. The Rustici Engine software was previously awarded on 23 May 2005 on a sole source basis under contract M6785405C8026. At the time of initial procurement, the Rustici Engine software was fully tested and integrated into the learning systems of the United States Marine Corps and the DoN. Since initial installation, maintenance and support services have been procured, on contract N0042117P0158, which was awarded on 17 January 2017, and on contract N6833517C0278, which was awarded on 01 June 2017, to ensure the software continues to adhere to SCORM API standards.

If alternative software maintenance and support services are selected for this procurement, the Government would have to transition to a different software product and would incur significant duplicative costs. The total cost to transition to an alternate software product includes costs to replace the installed Rustici Engine software, test the new software product, and perform software engineering and content validation required to integrate a new software solution. Selecting alternative software maintenance and support would also cause a delay due to the time required to test and integrate new software. Any interruption of software maintenance and support services for the integrated Rustici Engine software would result in interruptions to distance learning across the United States Marine Corps and the DoN for enlisted and officer personnel. Without the appropriate training certifications, troops cannot be deployed, and the U.S. would delay United States Marine Corps and DoN operational readiness and, consequently, the ability to defend against adversaries. Any delay to the renewal of the Rustic Engine Software will also lead to the inability of personnel to complete mandatory training for Enlisted Professional Military Education and Officer Professional Military Education, which is necessary to promote personnel. Furthermore, payroll would be withheld from any personnel without the required training certifications by the assigned deadlines.

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

Market research was conducted utilizing various methods in an effort to identify additional possible sources for the required software maintenance and support services and to obtain current information regarding availability and price. An internet search was conducted using the nomenclature "SCORM software," "SCORM LMS," and "SCORM API.” The search resulted in a list of providers/developers of this type of software to include: Rustici Software LLC, easyLMS, TalentLMS, Elucidat, and Tovuti; however, only Rustici Software LLC can provide the required maintenance and support for the installed Rustici Engine software. Additional market research was conducted to identify authorized resellers or distributors of the required software maintenance and support services utilizing the Google search engine, as well as General Services Administration Advantage and National Aeronautical and Space Administration Solutions for Enterprise-Wide Procurement websites, all yielding negative results. Rustici Software LLC does not have authorized distributors or resellers for the required Rustici Engine software maintenance and support services.

A Request for Information (RFI), N68335-20-RFI-0091, was posted on the Beta System for Award Management (SAM) website on 10 December 2019 to survey the marketplace for additional sources capable of providing the required software maintenance and support services. The RFI closed on 17 December 2019. One response was received. After review, the technical point of contact determined the contractor does not provide an existing commercially available software product that will meet this requirement.

A pre-solicitation synopsis was posted on 26 February 2020 and closed on 12 March 2020. No responses were received.

7. Determination of Fair and Reasonable Cost.

The Contracting Officer shall ensure that the price negotiated for this acquisition is fair and reasonable In Accordance With (IAW) FAR 15.4. The Contractor will submit a formal price proposal with certified cost or pricing data and sufficient information to support the accuracy and reliability of the cost estimate. The proposal will be reviewed by experienced technical personnel at IC2&I and the Contract Specialist. The Contracting Officer will utilize cost and price analysis IAW FAR 15.404-1 as the basis for negotiating a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition.

For the reasons stated in paragraph five, only Rustici Software LLC can provide the required software maintenance and support services. The Government will continue to evaluate other technologies that would allow future competition by conducting market research to determine if there are any future vendors that have the capability to meet this requirement.

DEPARTMENT OF THE NAVY

NAVAL AIR WARFARE CENTER AIRCRAFT DIVISION

LAKEHURST, NJ 08773

Because this effort is a follow-on for supplies and services previously awarded on a non-competitive basis, IAW DFARS PGI 206.304(a)(i), the prior J&A was provided to the approval authority for review. Approval of this J&A signifies the approval authority has made the determination required by DFARS PGI 206.304(a)(ii).

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