FAR_Part6_AFARS_JA_Rev_dates_-_Copy_Redacted.pdf

Control No:

Contractor: Livermore Software Technology Corporation

Program/Equipment: LS-Dyna Finite Analysis Software

For Official Use Only

Justification Review Document for Other Than Full and Open Competition

Program/Equipment: Project Manager (PM) Maneuver Ammunition Systems (MAS), PM

Soldier Weapons (SW), and Combat Capabilities Development Command (CCDC) Armaments

Center’s Research and Development, Failure Investigation, and Manufacturing Technique

Exploration utilizing LS-Dyna Finite Analysis Software

Authority: 10 U.S.C. 2304(c)(1) as implemented by FAR Part 6.302-1(c)(1) – An Acquisition that uses a Brand-Name Description to Specify a Particular Brand-Name, Product, or Feature of a Product, Peculiar to One Manufacturer.

Amount: $465,000.00

Prepared by:

Typed Name: DSN: 880- Title: Contract Specialist Date:

Contracting Officer:

Date Reviewed: 5/6/2019

Technical Representative:

Title:

Date Reviewed: 5/20/2019

Requirements Representative:

Date Reviewed: 5/20/2019

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

Program Manager

Typed Name:

Signature:

Program/Equipment: LS-Dyna Finite Analysis Software

Legal Counsel

Typed Name: DSN: 880-8408

Signature: 7 June 2019

Program/Equipment: LS-Dyna Finite Analysis Software

Justification and Approval for Other Than Full and

Open Competition

1. Contracting Activity: Army Contracting Command – New Jersey

2. Description of Action: This justification is for award of a new firm fixed price contract for

LS-Dyna consolidated license purchase. Fiscal Year 2019, Army Research, Development, Test and Evaluation (RDTE) funds will be used.

3. Description of Supplies/Services: Licenses and maintenance for use of LS-Dyna finite element analysis software to include LS-PrePost, LS-OPT, and LSTC Dummy and Barrier

Models, as listed below. Licenses will provide use of 30 JOBS Unlimited Core Maintenance and

35 Core LS-Dyna Maintenance.

License Part Number Quantity

JOBS Unlimited Core LS-Dyna JOBS 30

Core Licenses LS-Dyna Core 35

The estimated total value, including options, are listed below.

Base Award: Date of Award to August 2019 Value: $

Option Period 1: September 2019 to August 2020 Value: $

Option Period 2: September 2020 to August 2021 Value: $

Option Period 3: September 2021 to August 2022 Value: $

Option Period 4: September 2022 to August 2023 Value: $

Total: $465,000.00

4. Authority Cited: 10 United States Code 2304(c)(1) as implemented in Federal Acquisition

Regulation 6.302-1(c)(1), An Acquisition that uses a Brand-Name Description to Specify a

Particular Brand-Name, Product, or Feature of a Product, Peculiar to One Manufacturer.

5. Reason for Authority Cited: FAR 6.302-1(c)(1) applies when the acquisition 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.

LS-Dyna is the primary tool used by the Weapons Technology Branch of the Small and Medium

Caliber Armaments Division in finite element analyses of small and medium caliber weapons systems. Over the past 8 years LS-Dyna has been exclusively used to develop and apply modeling methods and techniques to further the understanding of small arms systems. Extensive investments of time and funds have been made in this model development. Replicating the models and the level of expertise reached with LS-Dyna in another code would not be cost or time efficient and would degrade the progress in current projects relying on the LS-Dyna based models. The use of another program would require a considerable investment in time, training, Program/Equipment: LS-Dyna Finite Analysis Software and complementary research. Other software includes the following with reasons why Ls-Dyna was chosen:

1. – Able to replicate all functions needed, but price is an issue. No equivalent license type. To achieve what is needed would be over 15 times cost of LS-Dyna.

2. – Able to replicate most functions needed, but price is an issue. No equivalent license type. To achieve what is needed would be over 7 times the cost of

LS-Dyna

Livermore Software Technology Corporation (LSTC) is also the sole developer, manufacturer, provider, and distributor of LS-Dyna active processor and parallel processes software to

Government agencies within the United States. LSTC holds all the patent software rights and software codes. LSTC is the only available source that can provide the required technical support, updates, bug fixes, and upgrades to the aforementioned software.

Based on the above, and as described in FAR 6.302-1(c)(1), full and open completion will not be provided for the brand name acquisition of license and maintenance support for the LS-Dyna software.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. However, effective competition is not anticipated because LSTC is the sole source distributor of their licensed software to Government agencies in the United States. A subcontracting plan will not be required for this acquisition because LSTC is a small business vendor.

7. Actions to Increase Competition: Competition for this requirement is limited because

LSTC is the sole developer, manufacturer, provider and distributor of the LS-Dyna software to

Government entities within the United States. However, the Government will continue to monitor the market to determine if another manufacturer’s software application and maintenance support products can better satisfy the Government’s requirement for finite element analyses of small and medium caliber weapons systems. If the Government determines that LS-Dyna products are no longer required, the Government will seek competition to the maximum extent for the required software application and maintenance support.

8. Market Research: Market Research was conducted in August 2018 to identify potential sources for the requisite LS-Dyna software. The requiring activity checked the Army’s Computer

Hardware, Enterprise Software and Solutions (CHESS) Department of Defense (DoD) Enterprise

Software Initiative (ESI) Agreements to determine if LS-Dyna was offered through CHESS.

Since the software was not found on CHESS, a Statement of Non-Availability was requested, and approved on 7 August 2018. Further internet research and GSA RFQs were conducted to determine if other sources were available for the license renewal and maintenance of the LS-

Dyna software. The requisite software was not found on GSA. Additionally, the requiring activity obtained a letter from LSTC on March 4, 2019 that confirmed LSTC is the sole distributor for LS-Dyna to Government agencies within the United States.

Program/Equipment: LS-Dyna Finite Analysis Software

9. Interested Sources: To date, no other sources have written to express an interest. Sources

Sought Notice W15QKN-19-R-0100 was posted on 18 April 2019 in Federal Business

Opportunities (https://www.fbo.gov) for the LS-Dyna consolidated license purchase to determine if there were interested vendors that could potentially meet the requirement for license renewal and maintenance support. The notice was posted for five days, and no responses were received.

10. Other Facts:

a. Procurement history:

(1) Contract number was awarded to and on 9 September 2014. This was a sole source blanket purchase agreement under the authority of FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. Market research conducted on 3

September 2014 indicated there was only one source that could provide the required software license renewals and maintenance.

(2) Contract , Call Order was awarded to on 2 August 2016. This was a sole source award issued under the authority of 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. The sole source justification stated was the sole developer, manufacturer, provider and distributor of the required LS-Dyna software; and market research concluded the purchase of another finite element analysis software could not meet the needs of the Weapons Technology Branch of the Small and Medium Caliber Armaments

Division.

(3) Contract , Call Order was awarded to on 26 July 2017. This was a sole award issued under the authority of

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. The sole source justification stated was the sole developer, manufacturer, provider and distributor of the required LS-Dyna software; and market research concluded the purchase of another finite element analysis software could not meet the needs of the Weapons Technology Branch of the Small and Medium Caliber Armaments Division.

(4) No prior contracts for this requirement have been accomplished using full and open competition. The procurement history did not identify any unusual patterns or consecutive urgent buys. Additionally, no significant changes have been identified since the prior justifications were prepared to support the previous procurements.

https://www.fbo.gov/

Program/Equipment: LS-Dyna Finite Analysis Software

For Official Use Only

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.

Typed Name:

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.

Typed Name:

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

An independent Government cost estimate has been prepared for this requirement. In accordance with FAR 15.404-1(b)(2)(ii) and (v), price analysis will be performed to determine fair and reasonable pricing by comparing the proposed prices to historical prices paid, and to the independent Government cost estimate. Certified cost or pricing data will not be required for this commercial acquisition pursuant to the exception in FAR 15.403-1(c)(3).

Typed Name:

Title:

Signature:

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name:

Program/Equipment: LS-Dyna Finite Analysis Software

Approval

Based on the foregoing justification, I hereby approve the procurement of (state equipment/services being procured) on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) (insert authority and general title), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.