CAO-18-0316_LSJ_CARDS_Signed__Redacted.pdf

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Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: United States Army Contracting Command – New Jersey, Joint Armaments Center (ACC-NJ-JAC) 9 Phipps Road, Picatinny Arsenal, NJ 07806-

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number TBD

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: RDTE

FY: 18

Name of Proposed Contractor(s) and Address:

Dynetics, Inc.

1002 Explorer Boulevard Huntsville, Alabama 35806

Brand Name Buy: Yes No

3. Description of Services or Supplies: This acquisition is for a subscription to Dynetics, Inc. “Congressional Analysis and Resource Database System” (CARDS) website for the United States Army Armaments Research Development and Engineering Center (ARDEC), for minimum of five (5) users for a period of one (1) year with five (5) option years for renewal services. Authorized users will have the ability to log into CARDS, accessible through a restricted-access secure online website with username and password, for access to: Top News, Real-time/Recent Updates, Early Bird daily news articles, Status of Key Legislation, External RSS News Feeds, Weekly

Updates/Archive, Newsletter/Archives, Hearing Schedules, Hearings Archive, Calendar, Relational Database of Marks and Language, Program Funding Charts, Appropriations Status Charts, National Defense Authorization Act, Supplemental Appropriations Act, Military Construction and Veterans, Affairs Appropriations Act, Defense Appropriations Act, Other Bills of Interest, Member Adds/Earmarks, Report Requirements, Member Bios, Committee Info, Defense Oversight Committees Info., Executive Branch Leadership Bios, Guidance Documents, DoD Facilities, Archives/References, Useful Links, Ability for user to designate “Favorite” items, and access to custom organization (ARDEC)-specific reports for financial appropriations (funding) data and Congressional language.

subscription does not require installation of any software on any government issued system, nor are there any other unique requirements. The subscription supports ARDEC’s mission in providing valuable insights in planning for resource management and program/project execution. Subscription is available over the internet, via secure login, so there are no geographic/location limitations/issues.

Base Year - twelve (12) months after award.

Option Year 1 - twelve (12) months after option exercise.

Option Year 2 - twelve (12) months after option exercise.

Option Year 3 - twelve (12) months after option exercise.

Option Year 4 - twelve (12) months after option exercise.

Total Value

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The subscription supports ARDEC’s mission in providing valuable insights in planning for resource management and program/project execution.

has a task order for this service, and while there are other services that provide a similar capability, most of these are focused on either legal searches or focused toward the academics realm, there is not one that is specific to the DoD; CARDS is a unique service only available through Dynetics, Inc. and is a proprietary database for Government personnel requiring access to Congressional analyses for Program Objective Memorandum (POM) planning and execution purposes.

The impact to the mission that will result from not having this service is that ARDEC personnel performing functions in the areas of technical, management and financial operations will have to spend their limited time searching multiple on-line databases at least weekly to determine if there have been any changes in pertinent information relating to legislation, policies, and funding affecting ARDEC mission areas. This is an inefficient “pull” system under which ARDEC personnel may spend time searching for updates which may or may not exist. The CARDS database is a more efficient “push” system under which relevant and tailored information is automatically communicated to the subscribers.

Therefore, based off this the requirement is considered a brand name only requirement, and will be solicited on a sole source basis to Dynetics, Inc. 1002 Explorer Blvd, Huntsville, AL, 35806-2806 based on FAR 13.106(b)(1) brand name only.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 (a) (6).

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A)

FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

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7. Market Research:

Market Research Completed by: ARDEC Dates for Market Research: August 2017 through December 2017 Contacted knowledgeable people at same installation (Picatinny Arsenal) who are using or have had a CARDS membership/subscription both at ARDEC and and continue to use it as a valuable source of information.

Contacted Contracting Officers, contract specialists, and project officers in other

Federal agencies and private industry (other users). Contacted known sources of services at ACC-NJ, , and ARDEC, conducted research to determine best path to obtain subscription. These discussions resulted in the recommendation that the most viable approach for procuring a CARDS subscription would be via a new contract.

Performed spend analysis to determine best ROI (Return on Investment). Given the fact that the ARDEC personnel requiring the information that CARDS provides are managers at the GS-14/15 level, and given the amount of time spent searching for data, it is more cost effective to utilize a subscription service that delivers information. Additionally, the CARDS subscription provides access to real time information from congressional hearings/conferences, that otherwise would require ARDEC to send a government employee repeatedly on TDY to perform the same function.

Conducted market research to obtain information from potential sources, looking at other sites to determine if CARDS was superior/unique as marketed. Queried Government databases (FPDS-NG, PPIRS, CPARS, GSA, FedBizOpps, SBA databases, e-Portals in Commerce (e-PIC), Contract Management Research Tool in ASFI etc.) that provide relevant information on acquisitions/available material or existing contract for streamlined acquisition purposes. Result is that other sites in the open domain require the user to know that an event has occurred or that information has been posted so that the user can initiate a search. Web searches to find sites similar to CARDS resulted in no comparable results.

8. Other Facts: No other source is available that can provide similar or comparable mission support.

9. Technical/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.

Typed Name:

Date: 15 March 2018 Title:

Signature:

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10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon comparison to the Independent Government Cost Estimate (IGCE), and comparison to historical purchase prices paid.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Elizabeth A. Horak Date: 11 April 2018 Title: Contracting Officer Signature: //s//Elizabeth A. Horak//s//