Redacted Sole Source Justification_MSL Software.pdf

NSWCCD Sole Source/Brand Name Justification Under SAT Rev 3 Template Effective February 2023

MEMORANDUM FOR FILE

FROM:

CODE: 665

TO: Code 02 SUBJECT: Sole Source/Brand Name Justification / Limited Source Justification for Use of Other than Full &

Open Competition for an Acquisition under the Simplified Acquisition Threshold (SAT)

I. BACKGROUND

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available.

2. FAR 8.405-6(b)(1) states Brand name specifications shall not be used unless the particular brand name, market research similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the

3. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

4. This memorandum is derived from Enclosure 3, Department of Navy Simplified Acquisition Procedures Guide (April 2018) and is only applicable to acquisitions under the SAT.

II. DESCRIPTION OF ITEM OR SERVICE (include manufacture/sole source name and address) Provide engineering services for the enhancement of the Maritime Survivability Library (MSL) which is a maritime lethality assessment tool that uses machine learning and artificial intelligence, for the Joint Technical Coordinating Group for Munitions Effectiveness (JTCG/ME). Further, provide engineering services to integrate MSL data, modules, and workflows into other maritime lethality tools, included but not limited to Target Damage Cards (TDC), Integrated Naval Simulations for Testing and Evaluation (INSiTE), and Submarine Vulnerability and Lethality Undersea Evaluator (SUBVALUE). The contractor will also support the development of interfaces between these maritime lethality tools for integration of MSL modules and passing of MSL data structures. The period of performance for this purchase is one year from date of contract award.

MANUFACTURER: Thornton Tomasetti ADDRESS: 120 Broadway, New York, NY 10271

PHONE: 212.367.3074

POC: Najib Abboud

ESTIMATED TOTAL PRICE INCLUDING OPTIONS:

III. BASIS FOR DETERMINATION FOR USE OF OTHER THAN FULL & OPEN COMPETITION

A. BRAND NAME:

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

3. Other Reasons:

B. SOLE SOURCE (select all that apply)

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. Other Reasons:

The NSWCCD, Code 665, has determined that competition is not feasible for this purchase. MSL was developed by NSWCCD with contractor support from Thornton Tomasetti (TT) from FY21-FY23 which culminated in a MSL v1.0.0 release in September 2023. TT has continued to make enhancements to MSL under the scope of work of subsequent NSWCCD contracts, see table, below. Only TT has the unique knowledge to enhance MSL in order to make predictions on new target and weapon sets. No other contractor has any prior knowledge of MSL and its machine learning methodology. TT has the unique back-end knowledge of the MSL program needed to integrate MSL into the common data framework for TDC, SUBVALUE, and INSiTE on time and at cost acceptable to program needs.

The cost to the government to educate another contractor up to an adequate knowledge level of TT for accomplishing the tasking would be over 67.6% increase to the cost of this estimated SAP award. cost increase for an alternative service provider, based on 4 engineers

. The schedule impact for the government of 13 weeks for an alternative service provider would also preclude the ability to meet programmatic deadlines of having a demo-able expanded features (e.g., custom weapon, multi-hit, new target sets) by April 2025 and a full integration of the new features into JTCG/ME determined tool(s) by September 2025. To meet the cost and timeline of the program, the services are recommended to be solicited from sole source provider, TT.

Prior NSWCCD contracts awarded to TT to perform MSL-related engineering services support include:

Contract Number Period of Performance Contract Vehicle Short Name N0017819D8706 2021 Dec 23 to 2024 Aug 08 SEAPORT TI-24-003 N0016722P0109 2022 May 09 to 2023 May 08 SAP N0016723P0102 2023 May 15 to 2023 Dec 31 SAP N0016724P0035 2023 Dec 28 to 2024 Sep 30 SAP

C. LIMITED SOURCE (FAR 8.405-6):

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

1. Restrictive Rights: The source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service required.

2. Exclusive Licensing Agreements: The item or service is only available from the Original Equipment Manufacturer (OEM).

3. Other Reasons:

IV. CERTIFICATIONS & APPROVALS

A. Technical/Requirements Certification: I certify that the facts and representation under my cognizance, which are included in this justification, are complete and accurate to the best of my knowledge and belief.

Technical Project Manager 08/22/2024

Customer/Requestor Signature Name / Title / Phone Date

665 (Acting) Branch Head

First Line Supervisor Signature Name / Title / Phone Date

B. Certification/Approval per FAR 13.501: Upon the basis of the above justification, I hereby approve the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c).

Contracting Officer Signature Name / Title / Phone Date