sole source.docx
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- Solicitation number
- N0016726Q1163
About this file
This is a Sole Source Justification Memorandum documenting the Naval Surface Warfare Center Carderock Division's request to restrict competition for Rockwell Automation software maintenance and technical support from Rexel (Linthicum, MD), the sole authorized local distributor.
The requirement covers one year of maintenance and technical support for seven proprietary Rockwell Automation software packages encompassing 12 licenses, including FactoryTalk Studio Suite, RSLogix 5, and RSLogix/Studio 5000 used for facility control at the Logistics Computation Center in Memphis, Tennessee and the West Bethesda Site. The contract includes 24/7/365 technical support via website, email, and phone; software version upgrades; 40 hours of field support; and a $12,000 hardware repair allowance. The justification for sole source procurement rests on multiple factors: Rockwell Automation is the exclusive manufacturer capable of providing reliable technical support and license upgrades for the proprietary software; much of the associated hardware is in sunset production status and requires factory-authorized repairs; switching to alternative software would necessitate purchasing new software licenses (estimated cost exceeding $75,000), replacing existing hardware, and still require separate maintenance contracts; and alternative support options would require lengthy individual contracting processes for each service instance. The procurement is under FAR Part 12 procedures for commercial items below the simplified acquisition threshold. The related Notice of Intent solicitation (N0016Q1163) indicates capability statements were due by September 21, 2026 at 12:00 PM EST, with responses to include pricing, FOB point, points of contact, business size, and payment terms.
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| File | Type | Posted |
|---|---|---|
| Solicitation - N0016726Q1163.pdf |
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NAVAL SURFACE WARFARE CENTER CARDEROCK DIVISION
MEMORANDUM
| Subj: |
| Rockwell Automation Software Maintenance and Technical Support |
This requirement is for a commercial product or commercial service that is not expected to exceed the simplified acquisition threshold (SAT) and FAR Part 12 procedures will be used for the purchase. FAR 12.102(a) states that the decision to restrict competition, including the use of brand name descriptions without allowing for “equal” products, must be documented. The Requirements Owner requests approval to restrict competition for the identified PID# for the reasons stated in Section III and submits this memorandum to document the basis for the request pursuant FAR 12.102(a).
I. TYPE OF RESTRICTION REQUESTED
SELECT ONE
| ☒ |
| Sole Source. A sole source procurement means only one source for the required commercial product or service is reasonably available based on the information provided and certified by the Requirements Holder, e.g., exclusive licensing agreement, direct replacement, etc. “Sole source” restricts who can sell the product/service to the Government. If there is only one authorized dealer or reseller, select “Sole Source.” |
| ☐ |
| Brand Name. A brand name procurement means that the requirement includes a brand name description, specifies a particular brand name product, or the features of the product are particular to one manufacturer. “Brand name” restricts what can be sold to the Government but not who can sell it. If there is more than one authorized dealer or reseller, select “Brand Name.” |
| ☐ |
| Federal Supply Schedule (FSS). See FAR 8.401(b). Enter FSS#: Click or tap here to enter text. |
| ☐ |
| Exception to Fair Opportunity. See FAR 16.507-6. Select one below. |
· DON Enterprise Licensing Agreement (ELA). Enter ELA#: Click or tap here to enter text.
· Enterprise Software Initiative (ESI). Enter ESI# Click or tap here to enter text.
· NASA Strategic Enterprise-Wide Procurement (SEWP)
Source Selection Information – See FAR 2.101 and 3.104
CUI
CUI
B03 Request to Restrict Competition NTE SAT v060126 Effective June 2026
II. REQUIREMENTS DESCRIPTION
Provide a brief description of the requirements.
The Naval Surface Warfare Center Carderock, Code 893 is purchasing a software maintenance and technical support contract for its Rockwell Automation software and hardware, via its sole authorized local distributor Rexel (Linthicum, MD). The contract will allow Code 893 to receive technical software support when issues arrive either via Rockwell Automations website, email, or by phone (24/7/365), and also to upgrade software to the newest version. This will also cover 40 hours of field support, and a $12,000 hardware repair allowance. This will be necessary to achieve the IT requirement to use Windows 10, and to have software support for legacy apps on the facility control PCs. Further, it will improve reliability of the facilities and pave the way for further hardware modernization.
The contract will cover seven (7) different software packages and 12 licenses. All of the software is proprietary software from Rockwell Automation for use with Rockwell Automation hardware. The software includes FactoryTalk Studio Suite (including Server, Station, Client, SE and ME), used to create Graphical User Interfaces (GUI) for both PCs and PanelViews at both the LCC in Memphis, TN and West Bethesda Site. RSLogix 5 which is used to program and troubleshoot PLC-5s at that LCC, and RSLogix/Studio 5000 which is used to program ControlLogix and CompactLogix PLCs at both the LCC and West Bethesda. The length of the contract is to be for 1 year of maintenance and support.
Identify the Original Equipment Manufacturer (OEM), OEM address, and whether the market research was conducted by contacting the OEM directly or an authorized OEM dealer or reseller. For the source of the market research, provide the point of contact name, phone number, and e-mail. Also include the estimated dollar value from the Independent Government Estimate (IGE). Using manufacturer or vendor estimated cost information will result in rejection of the request.
| OEM Name: |
| Rexel |
| OEM Address |
| 120 Sparks Valley Rd Ste A Sparks, MD 21152-9342 |
Market Research Source Vendor Quote and Historical
III. BASIS TO RESTRICT COMPETITION
A. Existing Restrictive Rights/Licensing Agreements.
SELECT ALL THAT APPLY
| ☐ |
| Restrictive Rights. The prospective contractor has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the product or service required. |
| ☒ |
| Exclusive Licensing Agreements. The product or service is only available from the OEM or authorized OEM dealer or reseller. |
B. Coordination with Existing Equipment and Systems.
SELECT ALL THAT APPLY
| ☒ |
| Compatible Form, Fit, & Function. The product or service must be compatible in all aspects with existing systems presently installed and performing. |
| ☐ |
| Direct Replacement. The product or service is a direct replacement for parts and components for existing equipment. |
| ☐ |
| Other Reasons. |
C. Market Research Conducted & Conclusions.
Detailed market research is required to establish why only one source, or one brand can meet the requirement for the exclusion of other sources or brands. To comply with FAR 12.102(a), limitations to competition MUST detail the market research conducted to find alternate sources and competition. This information will be verified before Contracting Officer approval.
For Sole Source ONLY:
· Describe what is unique about the sole source that no other company or individual can provide.
· If using a cost impact statement, attach the supporting documentation.
For Brand Name ONLY:
· Discuss why you are precluding consideration of a product manufactured by another company.
· Describe how the brand name product or feature is essential to the Government’s requirement.
· Explain why a “brand name or equal” description cannot be used.
· Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet or cannot be modified to meet the Government’s requirement.
For Restrictive Rights:
· Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.
· Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.
For Exclusive Licensing Agreements:
· Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.
· Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs. Provide evidence of the exclusive licensing agreement as an attachment to this document.
For Other Reasons:
· Only include a cost impact statement if justification cannot be established using any of the above. The cost impact statement must provide a trackable basis for the conclusion that the estimated cost of switching sources is so high that it outweighs the benefits of competition.
· Lack of support documentation for the cost impact statement will result in Contracting Officer rejection.
Only Rockwell Automation, through it’s local distributor REXEL, can provide reliable technical support for the affected software, as they are the manufacturer. Further, they are the only ones who can “upgrade” licenses.
Much of the hardware is in “sunset” and is no longer produced and needs to be repaired by a factory authorized repair facility in order to ensure the repairs meet the manufacturers specifications. The only other way that Division 89 could keep the licenses current is to purchase new licenses for new versions of the software. This would cost the government in excess of $75,000. Further to obtain the level of support provided as part of this contract Division 89 would have to pay ala cart for services which requires a lengthy contract process for each instance. This will make the process of maintaining the legacy hardware more efficient and lead to less facility downtime. To use different software would require the government to purchase new software from a different manufacturer, replace existing hardware, and Division 89 would still require a service and maintenance contract on that software and hardware. Therefore, there is no other practical way for Division 89 to maintain and support the software currently used to operate, maintain, and troubleshoot the test facilities at West Bethesda or the LCC.
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