JA_for_Dassault_Software_FINAL.pdf

CMO Control Number: 2018 - 119

Department of the Army Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: The United States Army Contracting Command-Warren (ACC- WRN) is the procuring activity for this action.

2. Description of Action: The Army Contracting Command - Warren proposes to award a new firm-fixed-priced (FFP) contract for software updates and license maintenance for Tank Automotive Research, Development and Engineering Center (TARDEC’s) brand name Simulia Abaqus software products to DS Government Solutions of Waltham, Massachusetts. DS Government Solutions is a subsidiary of Dassault, the sole founder and licenser of Simulia Abaqus Software. The anticipated length of the proposed contract is four years (one base year and three option years). The type of funds used for the base year award is Fiscal Year (FY) 18 Research, Development, Test and Evaluation – Army

(RDTE-A).

3. Description of Supply: The requested contract action is for the software maintenance and licensing for Dassault Systemes/Simulia Finite Element Analysis, Reliability, Fatigue Analysis, and Design of Experiments software. The specific items to be purchased are listed below:

a) Maintenance for: SIMULIA Abaqus Extended Tokens (ALC-QXT), Qty. 8

b) Maintenance for: SIMULIA Abaqus/CAE Extended (ALC-QAX), Qty. 2

c) License: SIMULIA Abaqus Extended Tokens (YLC-QXT), Qty. 76

d) License: SIMULIA Abaqus/CAE Extended (YLC-QAX), Qty 6

e) Subscription License for: SIMULIA Verity Module in fe-safe (YLC-QF8), Qty 1

The periods of performance for each of the aforementioned software licenses are as follows:

Base Year : 01 OCT 2018 to 30 SEP 2019 Option year 1: 01 OCT 2019 to 30 SEP 2020 Option year 2: 01 OCT 2020 to 30 SEP 2021 Option year 3: 01 OCT 2021 to 30 SEP 2022

The estimated total purchase price is $1,006,000.00.

4. Authority Cited: The statutory authorities permitting other than full and open competition for this proposed procurement are 10 U.S.C. 2304(g), 41 U.S.C. 3305(a, d) and 41 U.S.C. 1901 as implemented by FAR 13.501(a)(2), “Justifications and approvals are required under this subpart only for sole source (including brand-name) acquisitions or portions of an acquisition requiring a brand-name. If the justification is to cover only the portion of the acquisition which is brand-name, then it should so state; the approval level requirements will then only apply to that portion.” Specifically, FAR 13.501(a)(2) (ii) “For a proposed contract exceeding $700,000, but not exceeding $13.5 million, the advocate for competition for the procuring activity, designated pursuant to 6.501; or an official described in 6.304(a)(3) or (a)(4) must approve the justification and approval. This authority is not delegable.”

5. Reason for Authority Cited: TARDEC has been using brand name Dassault software products since 1988 to conduct structural finite element analyses. This software is available to approximately 40 engineers in the Analytics department to improve the durability of the Army’s ground vehicle systems and support systems.

Transitioning to competing software would disrupt current engineering services and require the conversion of legacy simulation models. Switching to a competitor’s software would result in a total expenditure of approximately 1600 engineering hours and a cost of $224,168. The time to convert each of the existing 14 Dassault simulation models is based off of the number of engineering hours that were expended to create the legacy models. Based on FY18 budget and labor projections, an hourly engineering rate of $140.11 was established to estimate the costs involved to re-create the existing Dassault models (see Table 1). The cost column represents the estimated cost that would be incurred to duplicate the model within a new software package.

Table 1

Additionally, a major change of software would cause a period of time in which production analyses could not be accomplished, and would negatively affect the ground vehicle program manager community as TARDEC would not be able to supply engineering support to them during the transition. If support cannot be provided by TARDEC, external companies would have to be contracted to perform the analysis which would add additional lead-time and expenses.

6. Efforts to obtain competition:

a) Effective Competition: Based on the aforementioned reasons noted in section 5, the government will not pursue competition for this effort.

b) Subcontracting competition: In an effort to ensure subcontracting competition, the contract will include the following provisions: FAR 52.244-6 Subcontracts for Commercial Items and FAR 52.219-8 Utilization of Small Business Concerns.

7. Actions to increase competition: Over the course of the next few years, TARDEC Analytics and High Performance and Data Management will review competitive software capabilities to determine if options exist to maintain our analytical tool set at reduced costs.

8. Market Research: The use of the Army Computer Hardware Enterprise Software and Solutions site (CHESS) is mandatory for procurement of software, per AFARS 5139.101- 90(a). Per this mandate, a request for information (#243548) was posted to CHESS on 07 June 2018 and closed on 12 June 2018. No CHESS vendors responded who are able to provide the software maintenance and support. As a result, a CHESS Statement of non-availability was obtained on 14 June 2018. A GSA search by the contract specialist concluded that there is a re-seller through GSA (Immix Technology) that can provide the necessary software, but not with the number of option years necessary. As a result of not being able to offer the necessary option years, Immix cannot fulfill the government’s requirement.

9. Interested Sources: The notices required by FAR 5.201 will be published and any proposals received shall be considered. To date, no other sources have written to express an interest in this opportunity. The combined synopsis and solicitation notice will be posted at the Government Point of Entry (FBO.GOV)

10. Other Facts:

a) Procurement history: The previous contract, W56HZV-17-F-L228, was awarded through GSA on a sole source basis to Immix Technology Inc. on 14 September 2017.

Immix Technology is an authorized re-seller of Dassault products. The previous authority cited was 8.405-6(c) “Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.” A limited source justification was completed for the procurement to allow other than full and open competition for brand name Dassault products. There was no additional information in paragraph 7. The previous action was a one year requirement.

b) Other Facts: Immix Technology is the only GSA re-seller of note, however, due to their lack of capacity to offer the necessary number of option years, they cannot fulfill the government’s requirement.

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

Printed Name: Ronald J. Renke Electronic Signature: //s// Ronald J. Renke Title: Supervisory Gen Engr. Date: 08-Aug-2018

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

Printed Name: Ronald J. Renke Electronic Signature: //s// Ronald J. Renke Title: Supervisory Gen Engr. Date: 08-Aug-2018

13. Fair and Reasonable Cost Determination:

The price is determined fair and reasonable based on the market research quotes in comparison with catalog prices pursuant to FAR 13.106-3(a)(2)(iii). This action is exempt from certified cost and pricing data IAW 15.403-1(b)(3). I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

Printed Name: Ryan W. Stacey Electronic Signature: //rws//

Title: Contracting Officer Date: 09AUG18

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

Printed Name: Ryan W. Stacey Electronic Signature: //rws//

Title: Contracting Officer/Group Chief Date: 09AUG18

Approval:

Based on the foregoing justification, I hereby approve the procurement of Simulia Abaqus Software Maintenance and Support on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c) and FAR 13.501(a), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.The total estimated value of this acquisition is $1,006,000.00.

8/28/2018

X LaRuth Shepherd

LaRuth Shepherd

Competition Advocate

Signed by: SHEPHERD.LARUTH.1230673116

Date: 28 Aug 2018 Signature: //Signed//

LARUTH SHEPHERD

Competition Advocate