Redacted JA Sole Source FAR Part 13.5 PRODAS Software.pdf

CUI//SP-PROCURE

(Source Selection Information - See FAR 2.101 and 3.104-4) 1 SEP 2021 v2

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: U.S. Army Contracting Command - New Jersey

2. Description of Action: ACC-NJ, on behalf of the U.S. Army Combat Capabilities Development Command Armaments Center (DEVCOM-AC), requests approval to award a new firm-fixed- price contract to Arrow Tech Associates, Inc. 1233 Shelburne RD STE 8 D8, South Burlington, VT 05403 for Projectile Rocket Ordnance Design & Analysis System (PRODAS). The Government projects award for May 2024. Fiscal Year 2024 Research & Development, Test and Evaluation funds will be used. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement (DFARS) 207.103(d)(i)(B).

3. Description of Supplies/Services: Software license renewals for forty (40) user network keys and fifteen (15) individual access keys to PRODAS software, including software maintenance support and updates for twelve (12) months with 4 options years.

Period of Performance (Base): Twelve (12) months.

Period of Performance (Option): Four (4) twelve (12) month option years.

Base Period: Twelve Months Value: $81,734 Option Period 1: Twelve Months Value: $81,734 Option Period 2: Twelve Months Value: $81,734 Option Period 3: Twelve Months Value: $81,734 Option Period 4: Twelve Months Value: $81,734 Total Value: Value: $408,670.00

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: As described at FAR 13.501(a)(1)(ii), acquisitions conducted under simplified acquisition procedures are exempt from the requirements in FAR Part 6. However, contracting officers must prepare sole source (including brand name) justifications using the format at FAR 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901.

Arrow Tech Associates, INC, is the only contractor identified through market research that could provide the necessary software and software licenses to meet the Government’s requirements. Arrow Tech Associates, INC is the original software developer and distributor of the PRODAS software suite. Only Arrow Tech Associates has the specific capability to provide software release updates and the necessary software license for PRODAS. Currently, there is no other existing software that is technically capable of meeting the Government’s requirements. PRODAS is used primarily by ammunition designers to predict the trajectory of notional projectiles. To accomplish this, PRODAS searches through an extensive database of projectiles they have characterized over many years to predict aerodynamic forces and moments for the projectile in question. Without utilizing this software, these aerodynamic characteristics of a notional projectile could only be determined through costly computational fluid analysis or aeroballistic range characterization. The time associated with either of these analyses is schedule and cost prohibitive for rapid projectile design. Whereas design changes can be evaluated in PRODAS in minutes to hours, Computational Fluid Dynamics (CFD ) or aero range characterization would take weeks to months. For this reason, PRODAS is the industry standard within the Government and the commercial ammunition industry for the evaluation of prototype projectile designs.

Any source other than Arrow Tech Associates would have to first develop a library of projectile aerodynamic coefficients. As there are currently over 300 projectiles in Arrow Tech’s database, replication of this effort could be expected to take up to 7 years at a cost up to 10 million dollars. Development of new software, in theory, would be comprised of a unique mix of subject matter experts in the fields of engineering, computer scientists, programming, physics, modeling and simulation. Once new software is developed it would need to be tested and qualified to model the mass physical properties of a projectile and to estimate aerodynamic coefficients based on a comparison of the subject projectile to available reference projectiles.

The authority cited is appropriate for this requirement as Arrow Tech Associates is the only source that is capable of providing the required equipment. Arrow Tech Associates is the original software developer and distributor of the PRODAS software suite. This was confirmed via market research by releasing a Request for Information (RFI) on Computer Hardware Enterprise Software and Solutions (CHESS). CHESS granted a Statement of Non-Availability on 6 December 2023.

Alternatives: There are no known possible alternatives available to the Government. It is not possible to utilize in-house personnel/expertise as ARDEC does not currently possess the expertise or capabilities on developing a new software. Obtaining additional competition for this requirement is not possible, because of the unacceptable delays that would be experienced to develop a new software

6. Efforts to Obtain Competition: The Contracting Office shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered.

7. Actions to Increase Competition: Since PRODAS software is proprietary and exclusively licensed by Arrow Tech, full and open competition is not feasible at this time.

The Government will continue to conduct market research on an annual basis in an effort to find viable competition and in accordance with FAR 5.201(b), future requirements will be synopsized.

8. Market Research: As a mandatory source of hardware and software, a Request for Information was released on the Computer Hardware Enterprise Software and Solutions (CHESS). PRODAS software was found to still be unavailable through CHESS. With CHESS granting a Statement of Non-Availability on 6 December 2023. PRODAS software cannot be obtained through GSA as Arrow Tech Associates does not have a GSA schedule contract.

9. Interested Sources: To date, no other sources have written to express interest in the acquisition.

10. Other Facts:

a. Procurement History:

1) Contract Number: W15QKN-18-C-0087, awarded 28 August 2018

2) Competitive Status: Other than Full and Open Competition.

3) Previous J&A Authority: FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

4) Previous J&A Paragraph 7, Actions to Increase Competition: No actions can be taken to increase competition. PRODAS software is proprietary and exclusively licensed by Arrow Tech, as confirmed by Market Research.

5) No prior contracts for this requirement were accomplished using Full and Open

Competition.

6) There are no unusual patterns or urgent buys throughout the history of this program.

7) Summary of the Circumstances Justifying the Previous Procurement: The previous procurement was restricted under FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items, Brand-Name, as Mid Atlantic Machinery is the only source capable of providing the required equipment because they are the only authorized reseller of TRUMPF brand equipment for the state of New Jersey.

b. Other facts: None

11. 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.

Signature: ______Date: 3/28/2024______

Typed Name: Raymond Chaplin ____________Title: Mechanical Engineer

12. 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.

Signature: ________Date: 3/28/2024_______

Typed Name: David Charowsky ____________Title: Small Caliber Production Branch Chief (actg.)

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The basis for fair and reasonable price determination will be a comparison of the proposed price to the Independent Government Estimate (IGE). As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

Signature: _______________Date: _04/30/2024_____________

Typed Name: Kevin Puma_________________ Title: Contracting Officer _________

14. Contracting Officer Certification:

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

Signature: _______________Date: ___04/30/2024___________

Approval

Based on the foregoing justification, I hereby approve the procurement of PRODAS Software for a total dollar value of $408,670.00 on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: _______________Date: _05/01/2024____________