SAP LSJ (Sole Source) - Accusoft_Redacted.pdf

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

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 (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

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.

II. DESCRIPTION OF ITEM OR SERVICE:

Portsmouth Naval Shipyard (NNSY), Nuclear Engineering and Planning Department (Code 2300) has a requirement for the maintenance and support of Accusoft Prizm Viewer Server, and Accusoft Prizm Viewer Client licenses, for use within their Secure Network (SECNET) environment. SECNET information technology software and infrastructure is operated, maintained and kept technologically up-to-date in accordance with Department of Energy (DOE) Naval Nuclear Propulsion Program (NNPP) Net Web and Department of Navy (DON) requirements to support Code 2300’s mission. This software must be used to access information on the Department of Energy Naval Nuclear Propulsion Information (NNPI) Net Web. The Web permits access to classified data not available on any other web network. Without this software to access the web data on the NNPP Net, the Shipyard users will not be able to complete their mission of overhauling nuclear submarines.

In addition, not maintaining a current maintenance contract would cause incompatibility with new versions of operating systems and applications because the Customer would not be privileged to updates and patches.

The government has invested $201,886.30 in Accusoft Prizm Viewer software support since 2012 when the software was required. Procuring another solution would result in a loss of the initial investment as well as preventing PNS Nuclear Engineering and Planning Department from performing necessary activities in support of the PNS mission of overhauling nuclear submarines. Failure to renew this maintenance is not advantageous to the government as it would result in an unacceptable impact to PNS.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X__ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. __X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Accusoft Corporation is the sole authorized developer and service provider for Prizm Viewer (Bechtel), and associated Accusoft software. This is part of the custom software build developed according to the Bechtel Plant Machinery requirements specifically for the US Navy. Currently, there are no other authorized vendors or service providers that are able to provide authentic Prizm Viewer (Bechtel) software or support services. Accusoft does not authorize any other company to provide Prizm Viewer (Bechtel) support services.

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.

Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

OR

Identify the distributor(s)/authorized technical representative(s) for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank).

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

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

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance: