Redacted_LCJ_Webstax_Redacted.pdf

Control No: CAO-18-0325

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: U.S. Army Contracting Command – New Jersey (ACC-NJ), Picatinny Arsenal, NJ.

2. Description of Action: This effort will utilize a purchase order to purchase the Microsemi WebStaX Software Development Kit (SDK) and one (1) base year and four

(4) option years of corresponding Software Maintenance. The period of performance for the base and each subsequent option year is twelve (12) months.

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:

FY: 2017-2018

Name of Proposed Contractor(s) and Address:

Future Electronics 237 Hymus Boulevard Pointe Claire, Quebec Canada

Mouser Electronics 1000 North Main Street Mansfield, TX 76063

Brand Name Buy: Yes No

3. Description of Services or Supplies: Microsemi WebStaX Software Development Kit (SDK), maintenance and support.

Base Year: Twelve months after date of award Value:

Option Year 1: Twelve months after date of award Value:

Option Year 2: Twelve months after date of award Value:

Option Year 3: Twelve months after date of award Value:

Option Year 4: Twelve months after date of award Value:

Total:

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 Common Remotely Operated Weapon Station’s (CROWS) Original Equipment Manufacturer (OEM) developed the system’s source code using the Microsemi WebStaX Software Development Kit (SDK). Therefore, the CROWS’ system can only utilize WebStax SDK in order for it to continue further development and sustainment of the system. The Government is seeking to acquire the WebStax SDK to reproduce, recreate and recompile the CROWS OEM Technical Data Package for post-production sustainment.

If the Government were not to purchase WebStax SDK brand software, the Government expects to incur substantial duplication costs of to recreate the source code using a different software suite. The duplication costs would consist of redesigning the system, software requirements, and hardware changes, re-design system, re-design software, development and testing/qualification as shown below:

M

There are no known possible software alternatives available to the Government because it is not possible to utilize a different software within the CROWS’ system without incurring the substantial duplication costs demonstrated above.

The Webstax SDK software was developed by Microsemi Corporation. Microsemi Corporation has two (2) authorized resellers of the Webstax SDK: Mouser Electronics and Future Electronics.

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 ______________________.

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)

7. Market Research: Market Research was conducted through the Army’s Computer Hardware Enterprise Software and Solutions (CHESS ) website and via the internet with the following the results: there are no other vendors capable of providing the software required. This software is not available on CHESS and a corresponding Statement of Non-Availability was approved. Microsemi Corporation is the developer of the Webstax SDK software required and has two authorized resellers: Mouser Electronics and Future Electronics.

8. Other Facts: N/A.

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.

10. Legal Counsel:

11. 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 a price analysis between the proposed price and the Independent Government Cost Estimate (IGCE).

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.