REDACTED SSJ.docx

USE OF OTHER THAN FULL AND OPEN COMPETITION LESS THAN SIMPLIFIED ACQUISITION THRESHOLD MEMO

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SUBJECT: Sole Source

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. 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.

3. 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)

This request to procure Zarf Subscription - Package Creation and Maintenance (1 Year) from Defense Unicorns will continue to provide technical support essential in our efforts to stand up our development environment due of DI2E tearing down their infrastructure. This will continue to provide training to ensure the workforce is able to manage ATO packages, secure and sustain our K8S clusters, and ensure they coexist alongside existing scans, monitoring and security controls.

MANUFACTURER: Defense Unicorns ADDRESS: 555 E Pikes Peak Ave suite 114 Colorado Springs, CO 80903 PHONE: 203-583-2097 POC: Courtney Barno

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

Market research was conducted and found that Defense Unicorns is the only company to offer the Zarf software. Zarf is the only software that can run multiple operating systems simultaneously to meet our technical needs to quickly redeploy workable environments. It aims to support configurations ranging from running a single application to operating, supporting and controlling internet disconnected clusters. No other software was found that has the technical capability required for the government need.

☒ 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.

NSWCCD

Sole

Source/Brand

Name

Justification

SAT

rev

Effective

September

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☒ 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.

Zarf is only available from the OEM, which is Defense Unicorns. Zarf is not sold by any other distributers or authorized resellers.

☒ 3. Other Reasons:

Based on the requirements, no other software has been found to be capable of performing the services needed. Going with any other software will not allow the government to meet the required needs. Zarf provides ability to deploy and maintain Code software cloud applications without internet connectivity, a need inherent with complex classified deliveries and system of systems. Performing this work in house would require two man-years specialized training and dedicated software development and DevSecOps (development, security, and operations), with impact to deliveries for other sponsor requirements totaling $ over that time period, with possible impact to combat system production.

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.