Redacted_Exception_to_Fair_Opp_MATLAB_Approved.pdf

Version – MAY 2016 FOR OFFICIAL USE ONLY

REDACTED FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

CERTIFICATION AND CONCURRENCE SHEET

Program/Item: The Armaments Research Development & Engineering Center (ARDEC) has requirement to purchase MATLAB & Simulink software licenses and maintenance support for the licenses.

Authority: FAR 16.505(a)(4) – Restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer.

I certify that this J&A has been screened for contractor proprietary data and that said data and references and citations necessary to protect the proprietary data have been removed. I certify that this J&A has been screened in accordance with the exemptions to the disclosure of information contained in the Freedom of Information Act (5 U.S.C. 552), in accordance with the prohibitions against disclosure in FAR 24.202, and for sensitive unclassified technical information, limited distribution data, OPSEC information, data that is For Official Use Only (FOUO), and unit prices or information where unit prices can be derived. I certify that as a result, any data requiring redaction has been removed.

Contracting Officer: Typed Name: Christina Makhijani DSN: 880-1490 Title: Contracting Officer Date: 8/24/2016

Signature: //s//Christina Makhijani

Determination for Disclosure of Information

I hereby determine that the disclosure of the names for the individuals at the Director level, or above, contained on this J&A does not raise any security or privacy concerns. (See paragraph 8(b)(ii)(a) of this PGM for requirements of the PCO determination)

Contracting Officer: Typed Name: Christina Makhijani DSN: 880-1490 Title: Contracting Officer Date: 8/24/2016

Signature: //s//Christina Makhijani

I certify that this J&A has been screened for contractor proprietary data and that said data and references and citations necessary to protect the proprietary data have been removed. I certify that this J&A has been screened and redacted of information for sensitive unclassified technical information, limited distribution data, OPSEC information, data that is For Official Use Only (FOUO), and unit prices or information where unit prices can be derived. I certify that I have coordinated with the appropriate functional areas and as a result, any data requiring redaction has been removed.

Requirements: Typed Name: Thomas Maiello DSN: 880-7864 Title: Branch Chief, ARDEC Date:_8/24/16________

Signature: _//s//Thomas Maiello____________

Technical: Typed Name: Tomas Bober DSN: 880-2032 Title: Weapon System Specialist Date:_8/23/16_________

Signature: _//Tomas Bober________________

CONCURRENCE:

Center Director, Acting //s//Elizabeth A. Horak//s// 25 August 2016 ACC-NJ-JA Signature Date

Legal Counsel //s// Peter G. Giella___________________ 25 August 2016 AMSRD-AAR-GC Signature Date

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: US Army Contracting Command (ACC) – New Jersey (ACC- NJ-JA), Picatinny Arsenal, NJ 07806-5000

2. Description of Action: The Armament Research Development & Engineering Center (ARDEC) requests a firm fixed price delivery order to contract W52P1J-15-D-0006 under the Computer Hardware Enterprise Software and Solutions (CHESS) with Four LLC, 15413 Snowhill Lane, Centreville, VA. The Government projects award for September 2016 and fiscal year 2016, RDT&E funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

Approved an acquisition plan in accordance with DFARS 207.103(d)(i)(B) on

The required acquisition plan in accordance with DFARS 207.103(d)(i)(B) is currently awaiting approval.

3. Description of Supplies/Services: Purchase of continued software license maintenance for MATLAB/Simulink software suite. In addition, new MATLAB/Simulink software licenses shall also be provided under this effort. The maintenance for all software licenses shall have a period of performance of twelve (12) months.

Total Value: $ 522,318

4. Authority Cited: FAR 16.505(a)(4) – Restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer.

5. Reason for Authority Cited:

(a) MATLAB/Simulink software is a mathematically focused programming language which is used for solving complex engineering equations/problems by using algorithms and routines built into the software. ARDEC uses this software to model ballistic trajectories, calculate weapon performance statistics, simulate sensor signals, and various other tasks related to fire control systems in weapon system platforms. This software tool is unique in that it makes solving the underlying mathematical equations/problems transparent to the user as well as allowing these solutions to be saved and applied to similar fire control problems. MATLAB/Simulink saves the Government significant time and effort in solving an engineering solution to these fire control systems equations/problems while ensuring the solution is valid. For example, if another general purpose engineering software program were utilized, the user would need to the describe the problem, determine a method for finding the solution, program the solution, validate the code, and generalize the solution so that it could be applied to other similar fire control problems. MATLAB/Simulink does all those functions seamlessly. Without MATLAB/Simulink software, the Government would lose access to all the built in algorithms and routines. The result would be that the Government wouldn’t be able to simulate error budgets, generate turbulent wind fields, perform trajectory fly-outs, analyze sensor data and quantify the battle field performance of weapon systems. Mathworks is the developer of this software and has one authorized distributor (Four LLC) on CHESS.

(b) Alternatives: The only other alternative available to the Government would be to try and find another software that could be used to solve the fire control system equations.

However, the Government would be adversely affected by this alternative in terms of substantial duplication costs that would not be expected to be recovered through competition. The Government has been using the software for the past three (3) years.

As such, the Government has a multitude of algorithms in the MATLAB/Simulink software, which took many hours to input. All the algorithms would be lost if the Government stopped using MATLAB/Simulink. Based on the above, the Government would expect to incur duplication costs of approximately $4,800,000 finding an alternative software, developing new algorithms and inputting them into that software.

The duplication costs were derived by multiplying thirty-two (32) (the number of currently owned licenses) by 25% (total time software used), by three (3) years (length of time software has been owned by the Government), by $200,000 (man years expended in dollars for the past 3 years) as follows:

Number of currently owned licenses: 32 % of time software has been used: 25% Length of software ownership: 3 Dollar value of expended man years: $200,000 Total Time Used: $4,800,000

(c) The Government’s minimum requirement for this proposed effort is the ability to use the quantities of MATLAB/Simulink licenses addressed in paragraph 3 of this Exception to Fair Opportunity document, for a period of twelve (12) months.

6. Actions to Increase Competition: Efforts to increase competition are not possible for this effort. Market research determined that there is only one authorized distributor (Four LLC) on CHESS. In accordance with the Army HQDA CIO/G6, CHESS is mandated as the primary source for computer hardware and software purchases.

7. Market Research: Market Research was conducted by Mr. Tomas Bober from ARDEC in August 2016 through an internet search to try and find vendors who could provide this software. Two vendors were found through the internet search that could provide MATLAB/Simulink software as follows: Mathworks, Natick, MA and Four LLC, Centreville, VA. Mathworks is the developer of this software and has one authorized distributor (Four LLC) on CHESS. Mathworks has an existing Blanket Purchase Agreement with the Government; however, this software is available through the Army mandated CHESS contract with Four LLC. To date, no other vendors have expressed interest in this effort.

8. Other Facts:

a. Procurement History:

Contract: W15QKN-12-A-0033, 0001 Contractor: Mathworks Inc.

Award Date: 7/02/2014 Competitive Status: Non-competitive Authority FAR 6.302-1(a)(2)(iii)(B), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirement.

9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Tomas Bober Date:

Title: Weapon System Analyst Signature:

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Thomas Maiello Date:

Title: Branch Chief, ARDEC Signature:

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: cost analysis price analysis should cost IGCE audit: identify the audit type other:

Comparison of IGCE to proposed prices.

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403): The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

Typed Name: Christina Makhijani Date:

Title: Contracting Officer Signature:

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Christina Makhijani Date:

Title: Contracting Officer Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of MATLAB/Simulink software maintenance support and licenses using an exception to fair opportunity pursuant to the authority of FAR 16.505(a)(4), Item Peculiar to One Manufacturer, subject to availability of funds, and provided that the supplies herein described have otherwise been authorized for acquisition.