Sole Source Justification Vortex For Posting.pdf

ERDC Control No. FY22 - 2396

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $150K)

1. Agency/Contracting Activity: Engineer Research and Development Center – Construction and Engineering Research Laboratory (EDRC – CERL)

2. Description of Action:

Nature: New Requirement Follow-On Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time and Materials

Funds: OMA Other Funds: Army RDT&E

3. Description of Supplies/Services:

a. The total estimated dollar value of the proposed action is $23,950.

b. The Government has a requirement for new Vortex Simulations Studio software licenses, and for custom hardware integration support from the software manufacturer to establish connection between their software and simulator hardware that the government already owns (the 401CR Force Dynamics Simulator).

4. Authority: FAR 13.106-1(b) (1): For purchases not exceeding the simplified acquisition threshold (SAT), 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.)

5. Reason for Authority Cited:

Simulation CM-Labs is the developer and manufacturer of Vortex Studio a multi-dynamic soil simulator software for construction equipment. Over the past 3 years the robotics engineering team at CERL has been utilizing Vortex in its research program and already owns several licenses. New licenses are needed as the program increases in size, and at this point in the program’s operations the government requires support with integrating it to hardware components. Vortex Studio is proprietary code to which only the developer has access.

Simulations CM-Labs are the experts in the field that build custom connections to their proprietary software for customers and therefore they are the only source for this procurement.

6. Actions to Increase Competition: A notice of intent to sole source was posted to SAM.gov from December 16, 2021 through December 23, 2021 and no responses were received.

7. Market Research:

Simulation CM-Labs is the creator of Vortex Studio software, a multi-body dynamics engine coupled with a unique discrete element modeling – mesh (DEM-Mesh) hybrid soil simulation for construction equipment. Vortex Studio is proprietary code that only CM-Labs has access to. The ERDC has invested resources in the Vortex Studio software for 3 years developing custom research and development code supporting Army Futures Command milestones and the Next Generation Combat Vehicle (NCGV). The ERDC has a 401CR Force Dynamics Simulator that is a standalone vehicle simulator used for vehicle control training. The 401CR has roll, pitch, yaw, and heave with a force feedback steering wheel, and is capable of continuous yaw for more realistic simulation environments. This allows a human operator to control equipment in a real life environment with correct driving functions and movement. REO requires the ability to use the 401CR simulation hardware within the Vortex Studio software environment.

CM-Labs is the only company that has access to their proprietary code and is going to develop hardware modifications (Motion Platform and Pedal Integration) and software to connect the 401CR simulator to their proprietary Vortex Studio software. The ERDC has developed robotic construction simulation technology within Vortex Studio for three years and is going to continue developing in it. The ability to connect two current capabilities within the ERDC (401CR simulator and Vortex Studio) supports human in the loop development for semi-autonomous and autonomous construction equipment bald control.

(1) Market research was conducted in August-November 2021.

8. Procurement History:

Previous Purchase Orders(s) or Contract(s): Yes No

Purchase order or contract number: W9132T22F0001, W9132T20P0030, W9132T19P0040

Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale: W9132T20P0030 & W9132T19P0040 were sole source citing the authority at FAR 13.106-1(b) (1), W9132T22F0001 was competed on CHESS website.

The REO team purchased its first Vortex license in FY19, and in FY20 they renewed that one and purchased 3 more. Earlier this fiscal year an order was done for renewal/reactivation of all existing licenses and between the FY20 procurement and the time the renewal was being worked Simulation CM Labs had linked up with a CHESS vendor, New Tech Solutions, to provide the software via the Army CHESS website. However, they relationship between the two companies soured quickly and at the time of this most recent procurement Simulation CM labs has provided a letter stating that they no longer use 3rd party distributors and are now the sole source for government procurements of their software. This plus the fact that this current procurement includes a requirement for integration support that must come direct from the software publisher all serves to further support the sole source nature of this procurement.

9. Additional information to support the justification: None.

10. Technical/Requirements Certification: I certify that the supporting data under my cognizance which is included in the abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By: Jeffrey A Burkhalter Position Title: Acting Chief, Environmental Processes Branch Email Address: Jeffrey.a.burkhalter@usace.army.mil Signature:

Date:

11. Fair and Reasonable Price Determination: As Contracting Officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Basis for the determination: price analysis techniques.

12. Contracting Officer’s Approval:

I hereby certify that this Justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition

Signature:______________ Typed Name:

Title:

Date:

BURKHALT

ER.JEFFRE

Y.ALLEN.1

085543616

Digitally signed by

BURKHALTER.JE

FFREY.ALLEN.10

85543616 Date: 2021.12.30 09:00:56 -06'00'

Andrea Thomas

Digitally signed by Andrea Thomas Date: 2022.01.03 13:33:18 -06'00'