Sole Source Justification.docx

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

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)

The Survivability and Weapons Effects Division, Naval Surface Warfare Center, Carderock, performs survivability and unique recoverability assessments using the Recoverability Suite M&S Tool and the Integrated Recoverability Model (IRM) analytic tool for Navy ship acquisition Program Offices. The IRM software was developed by Test and Evaluation Solutions (TES), LLC using SBIR funding. The Recoverability Suite M&S Tool is comprised of the IRM software, the Flooding Model Network (FLMNET), and the Fire and Smoke Spread Integrated Model (FSSIM). This order is to assist Naval Surface Warfare Center – Carderock Division (NSWCCD) in support of executing a Frigate (FFG 62) Live Fire Test and Evaluation (LFT&E) Plan as the alternative to Full-Up System Level Live Fire Testing. The contractor shall support FFG 62 LFT&E by providing technical and engineering services using the Recoverability Suite M&S tool and the IRM M&S tool to perform code enhancements, VV&A of Recoverability Suite M&S, generation of FFG 62 Recoverability Suite model, and attend meetings in support of FFG 62 LFT&E program tasking.

MANUFACTURER: Test and Evaluation Solutions, LLC ADDRESS: 400 Holiday Ct Suite 204, Warrenton, VA 20186

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.

The corporation, TES, LLC, has developed a proprietary recoverability modeling tool called the Integrated Recoverability Model (IRM) analytic tool. The tool is currently being used, by itself and within the Recoverability Suite M&S Tool, by US Navy Ship Acquisition Offices to provide recoverability assessment data to support NSWCCD Code 66 survivability assessments. No other special use or general use software tool exists that performs the unique ship recoverability calculations necessary to conduct the survivability assessments required by the US Navy. The analytic tool inputs and outputs have been developed through previous SBIR efforts and is therefore well integrated into the Navy survivability and recoverability analytic assessment tools, facilitating efficient rollup of data to support needed timelines for whole ship survivability assessments. To date, the IRM tool has been utilized under four different NAVSEA SBIR contracts developed from 2009 through 2021 with over $2,000,000.00 invested by the US Navy.

Market research performed found that TES, LLC is uniquely qualified to provide the needed analytical tool to perform the unique ship recoverability calculations required by the US Navy due to proprietary rights.

· 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: This analytical tool is only available from one source, TES, LLC, and it is likely that an award to any other source would result in (a) substantial duplication of costs to the Government that is not expected to be recovered through competition, and (b) unacceptable delays in the completion of the Live Fire Test and Evaluation (LFT&E requirements for PMS 515).