Redacted_Limiting Competition PreForm (11-5-20).pdf

Control No: ==========

Version – February 2017 FOR OFFICIAL USE ONLY

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: U.S. Army Contracting Command – New Jersey (CCNJ), Joint Armaments (JA), Picatinny Arsenal, NJ 07806-5000.

2. Description of Action: Formlabs “Unlocked” Open PreForm Access Software with ===== printer assignments

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _TBD___________________________

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_______________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: =============================== Other Funds: =======

Name of Proposed Contractor(s) and Address:

Formlabs, Inc.

35 Medford Street, Suite 301 Sommerville, MA 02143 617-932-5227

Brand Name Buy: Yes No

3. Description of Services or Supplies: The U.S. Army Combat Capabilities Development Command - Armament Center (CCDC-AC) has a requirement for Formlabs “Unlocked” Open PreForm Access Software. PreForm is a print setup, management, and monitoring software for Formlabs 3D printers. It is a tool to adjust print settings to ensure a part is 3D successfully printed, traditionally using Formlabs specific resin materials. The “Unlocked” PreForm version is not publicly accessible and =============================================================. In the case of ============================================================

Army mission to ===================================================

The requirement is as follows:

Base Period:

Software license: ====== License Per Printer (Printer Assignment) ======

Option Period 1:

Software license: ====== License Per Printer: ======

Option Period 2:

Software license: ====== License Per Printer: ======

Option Period 3:

Software license: ====== License Per Printer: ======

Option Period 4:

Software license: ====== License Per Printer: ======

Period of Performance:

Base Period: Date of Award to 12 months Value: ========== Option Period 1: 13 months to 24 months Value: ========== Option Period 2: 25 months to 36 months Value: ========== Option Period 3: 37 months to 48 months Value: ========== Option Period 4: 49 months to 60 months Value: ========== Total: ==========

4. 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.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

Formlabs Preform is a proprietary print setup, management, and monitoring software for Formlabs 3D printers. It is a tool to adjust print settings to ensure a 3D part is successfully printed, with two instances of the software: “Open” and “Unlocked”.

Formlabs “Open” Preform is a software free of charge that is widely available to the public used to optimize print settings for printed parts. However, their hardware and software is limited to Formlabs resin materials and has limited printer control settings.

====================================. In order to =================== =================, additional print settings must be available and can be provided using the limited access “Unlocked” Open Preform software.

Formlabs is able to provide these additional capabilities in the “Unlocked” Open Preform software that allows editable configurations to printer settings which includes:

===============. These additional settings will ===========================

Deliverables shall include the “Unlocked” Open PreForm software, licenses and/or key(s), ====== printer assignments, which means the ability to ==================

Since both the Preform software and the Formlabs printers are proprietary, they must be used in conjunction with one another. No other 3rd party software is compatible and legally available for use with Formlabs printers. Additionally, other 3D printers do not provide all the capabilities necessary such as ============================, ====================. Propulsion Research and Development Branch (PR&DB) Integrated Product Team (IPT) purchased a few printers to evaluate based on a basic internet search. Printers evaluated included ============================== =================================================== did not meet the Government’s requirements in terms of ==================================== over printer settings for use with custom materials. However, unlike Formlabs Preform, the commercial of the shelf (COTS) software that accompanies ============== ======================= does not have ============================== =========, and therefore does not meet the requirements of the Propulsion Research and Development (R&D) branch.

Pursuing a 3D printer vendor other than Formlabs and developing USG software to achieve the same commercial functionality would result in a duplication cost of =========== and would have an unnecessarily delay by ==============. This cost is derived from =======================================================

This estimation cost to replace the existing printers with another COTS printer is =================. For the Government to develop its own 3D printing software product that provides the same functionality as the commercially available unlocked Preform software, it is estimated the cost is =============================== ==============================================================. In addition, ===================== also need to be conducted for the developed software. The will ================================================ ============================================================== to support our warfighters.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $250K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B)

FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research:

CHESS Website: RFI #320612 posted 17 Apr 20 closed 24 Apr 20. ========

Market research was conducted for the software modification by ============ ========.. =========== conducted an onsite visit at Formlabs which revealed the Open Preform software is available exclusively from Formlabs, Inc. Formlabs, Inc provided a letter to the Government ==================== stated that the Unlocked Open Preform software is a “sole source” product protected under international intellectual property law and available exclusively from Formlabs, Inc., its U.S. based developer and seller.

Although Formlabs ===============, this particular software is not offered on its or any of its resellers schedules. Additionally, through discussions with Formlabs, the “Unlocked” Open PreForm software is only available via direct purchase. There are no authorized resellers that can provide the “Unlocked” Open PreForm software required.

8. Other Facts: =============================================== ========================================== require this software.

9. Technical/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: =================== Date: =================== Title: =================== Signature: ===================

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon a price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: =================== Date: =================== Title: =================== Signature: ===================