Sole Source.pdf

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:

The nature of this action is to procure Planisware Orchestra Software and Service for Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNSY&IMF). This procurement will be awarded as a firm-fixed-priced delivery order to Planisware USA, Inc (Cage Code 5J8W0). The estimated cost is . Fiscal Year 2022 Operation and Maintenance, Navy funds are provided on funding document . The period of performance is 14 July 22 to 13 July 23 with a required delivery date of 14 July 22.

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. ___ 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. __X_ OTHER REASONS.

Planisware Orchestra is a COTS application designed specifically to help organizations better manage programs, projects resources, budgets and costs for IT product development and R&D.

Planisware is the only Project Portfolio Management (PPM) provider that offers a combination of full PPM capabilities (strategic planning, portfolio management, program management with integrated resources management and project management), collaboration and business intelligence in an all-in-one, single source-of-truth solution.

Orchestra is an Information Technology (IT) specific, Project Portfolio Management (PPM) software application developed by Planisware used for the detailed management and strategic planning of IT projects and portfolios. Orchestra includes specific functionality for demand management, hybrid project planning, resource tracking and forecasting, and reporting and dashboard. Additionally, Orchestra provides the ability for projects to be run using several types agile methodologies, resulting in more efficient use of department resources when executing shipyard projects.

Orchestra software fulfills all of the government essential requirements and was put in place due to a deficiency finding of the 2018 NAVSEA audit of Pearl Harbor Naval Shipyard (PHNSY).

Orchestra uniquely provides agile project management methodology support native to the software requested. Other PPM solutions require additional components and significant funding to provide an agile solution. Additionally, Orchestra is highly customizable and is tailored to accommodate the specific processes of Code 109 and the nuances of PHNSY. Customization and administration does not require technical staff which is unique for this type of software that meets government security and department functionality requirements.

Other PPM providers did not meet PHNSY Code 109 requirements due to one or more of the following reasons: unsupported software technical requirements (incompatible database, cloud service only, etc.); lacking the capability to customize workflows and project intake; limited to either a large scale user-base (over 500 users) or small scale user-base (no more than 100 users);

require additional software or components to enable agile project management methodologies; or are cost prohibitive at a minimum of 200% of the Orchestra estimated cost.

Vendor services are required to perform upgrades, configuration changes and training to fit the needs for PHNSY's Code 109. The areas to develop are Demand Management, Project Management, Cost Management, Timesheet Management, and Portfolio Management.

PHNSY's Code 109 has deployed a department wide IT Project/Product Management software, namely Planisware's Orchestra, that requires customization to fit the department's workflows and processes. Due to the customization, Planisware's Professional Services is needed to support the implementation of software upgrades and enhanced services.

PHNSY's Code 109 estimates to save per project with a project team of four journeyman. The average C109 project is five months. The cost of four journeyman per week is

. Code 109 expects to reduce the average project length by fifty percent.

The aforementioned OEM of this requirement is the only company capable of maintaining its source code. Use of non-compliant/non-authorized OEM products will void current support contract for this product. Market research was conducted to identify availability via Department of the Navy Enterprise License Agreement (DON-ESL) Program Government-wide acquisition contracts, Department of Defense Enterprise Software Initiative (DOD-ESI) Government-wide acquisition contracts, National Aeronautics and Space Administration Solutions for Enterprise- Wide Procurement (NASA-SEWP) Government-wide acquisition contracts, General Services Administration (GSA) Government-wide acquisition contracts, the Open Market , Department of Defense Approved Products List (DODIN-APL), Army Computer Hardware Enterprise Software and Solutions - Information Technology (ARMY-CHESS-IT) Government-wide acquisition contracts, and other potential sources.

Based on current market research dated May 2022, it has been determined only the aforementioned brand name product and/or product support, Planisware Orchestra Software, can fully support the Government’s needs. No competitor functional replacement products exist in the market at this time to meet the Government's needs. The Government will continue to conduct market research to determine if there are changes in the market place that would enable future competitive actions; e.g., there are similar products and/or product support in the marketplace that provide the same functionality, the OEM releases ownership rights of product, or it is economically feasible to procure a new system.

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:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information:

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.