Sole Source Justification W911QX-20-P-0168 REDACTED.pdf

Control No: JA-20-Adel-343 Contractor: Vieletech, Inc.

Supply/Service: Service

JUSTIFICATION REVIEW DOCUMENT FOR COMMERCIAL ITEMS

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: A Data Acquisition and Control (DAC) system for the Vehicle Innovative Powertrain Experimental Research (VIPER) with control algorithms based on LabVIEW.

Authority:

41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Prepared by: Mark Riggs DSN: 298-9604 Mechanical Engineer Date: 4/2/2020 Email: mark.r.riggs.civ@mail.mil

Contracting Officer: Tommy Kim DSN: 290-0754 Contracting Officer Date: 4/10/2020 Email: tommy.i.kim.civ@mail.mil

Technical: Mark Riggs DSN: 298-9604 Mechanical Engineer Date: 4/2/2020 Email: mark.r.riggs.civ@mail.mil

Requirements:

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Division Chief:

Supply/Service: Service

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN

FULL AND OPEN COMPETITION

1. Contracting Activity: Combat Capabilities and Development Command Army Research Laboratory (CCDC-ARL) Vehicle Technology Directorate Propulsion Division

(VTD PD)

2. Description of Action: The Propulsion Division (PD) of the Vehicle Technology Directorate (VTD) within Combat Capabilities and Development Command Army Research Laboratory (CCDC ARL) requests a firm-fixed-price contract with Vieletech, Inc. located at 913 Splendor Pt., Florissant, CO 80816. The Government projects award for July 2020 and delivery by the end of fiscal year 2020, Research and Development 2040 Army funds will be used. An acquisition plan is not required because this procurement either does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i), or is an R&D acquisition and does not meet the definition of services in 10 U.S.C. 2330(c)(2).

3. Description of Supplies/Services:

The proposed contract action is for a sole-source award to Vieletech, Inc. for professional services to facilitate with the design and programing of a LabVIEW based Data Acquisition and Control System (DAC) for the Vehicle Innovative Powertrain Experimental Research (VIPER) facility. The DAC system will be instrumental in allowing for the safe and precise control of the VIPER facility, while at the same time monitoring and acquiring important information about the test article.

VTD requires that this new DAC for the VIPER facility be fully compatible with existing laboratories and install/integration ready with existing local network enclave by government personnel. All existing control algorithms in the lab are based on LabVIEW developed by a company which has now been integrated with Vieletech, Inc. based programming. Thus in order to ensure compatibility, only the OEM (Vieletech, Inc.), can provide the following items necessary to complete this contract:

1. Custom control algorithm best suited for the VIPER facility

2. LabVIEW based controls with a guarantee for compatibility with the existing control network.

3. A modular DAC system, that will seamlessly integrate the VIPER facility with a custom LabVIEW graphical user interface (GUI), to allow for remote control from a control room outside of the lab space.

The estimated value of this one time purchase is $290,000 ($120,000 for hardware and $170,000 for software development). Period of performance will be from date of contract award thru 7 months thereafter.

4. Authority Cited:

Supply/Service: Service

41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

Since 2011 ARL-VTD procured two (2) similar research Data Acquisition and Control (DAC) Systems via full and open solicitations under contract W911QX-11-P-0364 and W911QX-13-C-0166 from National Instruments (NI), also known as Drivven Inc prior to 2011, and now part of Vieletech, Inc. (The current DAC procurement requirement mandates data and system communication compatibility with current Government-owned equipment that was previously ordered to properly conduct research in VTD laboratories.

a) As described at FAR 6.302-1(a)(2), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. As further described in FAR 6.302-1(c), an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 6.303 and 6.304.

• Proprietary:

Proposed sole source Contractor is Vieletech, Inc. They have the unique capabilities of developing data acquisition systems and control algorithms for dynamometer testbeds which are based on LabVIEW. All of the control systems at VTD utilize LabVIEW which is proprietary to Vieletech, Inc. This ensures systems and control operations can easily interface with other components that ARL already owns.

• Timeliness:

Due to Vieletech, Inc.’s familiarity with the existing DAC systems of dynamometer testbeds within CCDC ARL and their proprietary expertise, no other contractor can be expected to meet the facility operational requirements.

If this requirement is not met, it would result in major delays in one of the Essential Research Programs (ERP) of ARL.

• Compatibility & Data Continuity:

VTD is already using the same LabVIEW control architecture throughout the facility and remaining with the same programming will reduce risk of compatibility issues, as well as reduce cost and duplication of efforts. Using a different equipment that utilizes a different software, would require additional work that would result in $50,000

Supply/Service: Service

6. Efforts to Obtain Competition: Effective competition is not anticipated for this acquisition because Vieletech, Inc. has proprietary rights on the control software. They are the only company with the required understanding, expertise, background and credentials in designing and implementing LabVIEW control algorithms for engine/motor and dynamometers. The benefits of the competition will not offset the cost savings associated with the attempted acquisition of a competitive suitable system or the qualification of another system. There is no adverse risk to the Government by procuring the hardware and software through Vieletech as there are no other vendors known with LabVIEW based technology.

7. Actions to Increase Competition: Vieletech, Inc. hold designs of key Drivven software that are required for the control of the VIPER facility. Existing LabVIEW hardware as well as strict time constraints for the project completion does not allow for any “learning” in the period of performance of the contractor that could result

Based on past market research and quotes from other similar firms, to be viable competitors to Vieletech, Inc., companies would have to be able to produce a tested software platform and would need to provide design drawings for the same DAC system, as well as provide the control algorithm logic to prove their system integration would work. In addition Vieletech would have to share their proprietary software rights to other firms for effective competition to be considered.

Currently there are no other sources capable of competitive consideration by CCDC ARL-VTD as Vieletech has remained the only source providing LabVIEW based operation of the Government-owned DAC system.

8. Market Research: In March 2020, Mark Riggs performed market research on the DAC system, including internet searches, literature reviews and discussions with subject matter experts. In addition from previous market research done from

, it was shown that Drivven, now part of Vieletech, Inc., was the only source among the competition that had the experience, background and past performance expertise to meet all the Government requirements and specifications.

Other vendors and contracts were considered but excluded for the following reasons:

• Brazen Tek: Excluded due to not listing LabView as one of the programing languages used.

• B&A Engineering: Capable with FPGA programing and turn-key solutions.

However, due to lack of experience in the fields of dynamometer control and IR-sensors they were excluded.

• Sytronics, Inc.: Excluded due to lack of experience with internal combustion engine and electric machines control. Their experience lies with gas turbine combustions test cells.

• Visionary Products Inc.: Excluded due to a general lack of knowledge in the development of DAC systems for hybrid-electric test cell applications.

9. Interested Sources:

Supply/Service: Service

A Sole Source Synopsis-RFI was posted on betaSAM.gov on 15 May 2020 for fifteen

(15) days, closing on 01 June 2020. During this time, no interested parties submitted a quote or expressed interest in the acquisition. However, eight (8) business days after the close of the Synopsis-RFI, one (1) contractor responded with an interest and was reviewed by the Technical Evaluator, Mark Riggs:

1. Siemens Digital Industries Software 5800 Granite Pkwy, Suite 600, Plano, TX, 75024- 6612 CAGE Code: 1HCQ1 – Large Business.

Siemens Digital Industries Software was found to not be capable due to compatibility issues with Vieletech products. Currently all of the experimental capabilities within CCDC ARL FCDD-RLV-P utilize LabVIEW software with their pre-existing equipment procured from National Instruments. The hardware from Siemens was unable to perform the research data acquisition and control and failed implement functional operation of the National Instruments hardware.

10. Other Facts:

a. Procurement History

(1) Contract: W911QX-11-P-0364 Contractor: NI-PCG Award Date: August 5, 2011 Period of Performance: July 18, 2012 Dollar Value: $87,711.71 Competitive Status: Seven (7) companies submitted proposals but NI-PCG (now part of Vieletech, Inc.) was selected because they were the only bidder who really met the Government requirements.

(2) Contract: W911QX-13-C-0166

Award Date: August 13, 2013 Period of Performance: November 26, 2013 Dollar Value: $325,748.00 Competitive Status: NI-PCG (now part of Vieletech, Inc.) was the only bidder.

(3) Contract: W911QX-14-P-0426

Award Date: September 11, 2014 Period of Performance: December 15, 2014 Dollar Value: $136,394.73 Competitive Status: NI-PCG (now part of Vieletech, Inc.) was selected as the only one capable of meeting the Government requirements.

(4) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances:

Supply/Service: Service

CCDC ARL-VTD has established its laboratory capabilities: Spray Combustion Research Laboratory, Small Engine Altitude Research Facility and Small Engine Research Laboratory. Recently a new facility, Vehicle Innovative Powertrain Experimental Research (VIPER) facility is being established at CCDC ARL-VTD, which requires another custom-made DAC system, which must be compatible with the previous three (3) systems because of the need to share subsystems, for example. If the Government procures a different system, if one exists, it will lead to system compatibility issues and significant time and cost increase for the Government.

(6) An explanation of any unusual patterns which may be revealed by the history;

e.g., several consecutive, urgent buys:

N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes:

N/A

b. Unusual and Compelling Urgency: N/A.

Supply/Service: Service

11. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: VIPER Mechanical Engineer

12. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Signer’s Title: VIPER Mechanical Engineer

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

X Cost analysis __ Price analysis __ Should-cost

X IGE

__ Audit:

__ Other:

As a part of this basis, certified cost or pricing data:

will be required.

_X_ will not be required and the following exception applies (FAR 15.403):

__ Prices that will be agreed upon are based on adequate price competition.

__ Prices that will be agreed upon are based on prices set by law or regulation.

Supply/Service: Service

__ A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

_X_ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

14. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Supply/Service: Service

Approval

Based on the foregoing justification, I hereby approve the procurement of “A Data Acquisition and Control (DAC) system with control algorithms based on LabVIEW”, for the amount of $290,000 and for completion by July 2021 on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901(e)(2), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.