A03_-_Redacted_J&A.pdf

Control No: JA-18-Adel-070 Contractor: Dalcom, LLC

Supply/Service: BRL-CAD Software Development Support Services

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Programs/Equipment: The US Army Research Laboratory (ARL) Survivability/Lethality Analysis Directorate (SLAD) requires Ballistic Research Laboratory – Computer Aided Design (BRL-CAD) Software Development support services

Authority: 10 U.S.C. 2304(c)(5) as implemented by FAR Part 6.302-5 – Authorized or Required by Statute. See FAR 19.1306 implementing 15 U.S.C. 657a

Amount: [redacted]

Prepared by: [redacted] DSN: [redacted] Contract Specialist Date: 09 November 2017 Email: [redacted]

Contracting Officer: [redacted] DSN: [redacted] Contracting Officer Date: 21 November 2017 Email: [redacted]

Technical: [redacted] DSN: [redacted] Program Manager Date: 09 November 2017 Email: [redacted]

Requirements: [redacted] DSN: [redacted] Branch Chief Date: 09 November 2017 Email: [redacted]

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

Program Manager:

Typed Name: [redacted] DSN: [redacted]

X Program Manager

Legal Counsel:

Typed Name: [redacted] DSN: [redacted]

Legal Counsel

FAR Part 6 Justification and Approval for Other than Full and Open Competition

1. Contracting Activity: U.S. Army Contracting Command (ACC)-Aberdeen Proving Ground (APG), Adelphi Contracting Division, 2800 Powder Mill Rd, Adelphi, MD 20783

2. Description of Action: The U.S. Army Research Laboratory (ARL) Survivability, Lethality Analysis Directorate (SLAD), Ballistic Vulnerability Lethality Division (BVLD), Warfighter Survivability Branch, requests a Cost-Plus Fixed Fee (CPFF) contract with Dalcom, LLC located at 104 Tech Park Drive, Suite 6, Cambridge, MD 21613-3588. The Government projects an award for January 2018 and Fiscal Year 2018 Research, Development, Test and Evaluation funds will be used at time of award. An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: The U.S. Army Research Laboratory (ARL) Survivability, Lethality Analysis Directorate (SLAD), Ballistic Vulnerability Lethality Division (BVLD), Warfighter Survivability Branch, requires Ballistic Research Laboratory

– Computer Aided Design (BRL-CAD) Software Development support services to provide analytical, technical, and development for survivability, lethality, and vulnerability (SLV) modeling and simulation software development projects within SLAD.

Base Period: 31 January 2018 to 30 January 2019 Value: [redacted] Option Period 1: 31 January 2019 to 30 January 2020 Value: [redacted] Option Period 2: 31 January 2020 to 30 January 2021 Value: [redacted] Option Period 3: 31 January 2021 to 30 January 2022 Value: [redacted]

Total: [redacted]

4. Authority Cited: 10 U.S.C. 2304(c)(5) as implemented by FAR Part 6.302-5 -- Authorized or Required by Statute. FAR Part 6.302-5(b)(5) -- Sole source awards under the HUBZone Act of 1997 -- 15 U.S.C. 657a (see 19.1306)

5. Reason for Authority Cited: As described in FAR 6.302-5(a), full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency’s need is for a brand name commercial item for authorized resale. The Contracting Officer has determined that the Department of Defense (DoD) has complied with FAR 19.203 and FAR Subpart 19.5, and no exclusions of FAR 19.1304 apply to this requirement. Specifically, the Contracting Officer considered the results of the market research, as well as the agency’s progress in fulfilling its small business goals when determining if a set-side or sole source was appropriate for this acquisition in any of the small business socioeconomic contracting programs, as authorized by statute (see FAR 19.203(c) and (d)).

The US ARL SLAD requires the procurement of BRL-CAD Software Development support services to provide BRL-CAD coding that is developed with an integrated analysis environment and interacts with other SLV modeling and analysis tools and Fast Air Target Encounter PENetration (FATEPEN) models. The FATEPEN models are critical to ARL’s ballistic SLV analysis process, as they are the tri-service standard for predicting penetration of ballistic threats into material targets. This effort will provide for continuous development of current BRL-CAD code suites and related modules. BRL- CAD code heavily interacts with MUVES-S2, the premier code used at ARL for conducting ballistic analyses that are provided to materiel developers, system evaluators, and senior decision makers at the Department of Army and Department of Defense. In addition, MUVES-S2 is the key component of the Advanced Joint Effectiveness Model (AJEM), the standard tri-service SLV analysis code and continued development and maintenance of this code suite is critical to the BLVD mission.

Knowledge of the code is essential for efficient and effective model development at ARL.

Without these support services, new methodologies and techniques required for meaningful analysis of emerging systems and improved efficiencies necessary to meet ongoing needs with limited resources will not occur. SLAD will also be unable to accomplish critical funded tasks supporting ARL’s ballistic SLV analyses.

Market research revealed only one (1) source (a HUBZone – Dalcom LLC) capable of meeting the above-mentioned requirements. It was determined that Dalcom LLC is the only source capable of fulfilling the Government’s requirement for BRL-CAD Software Development support services, as they specifically have the requisite expertise in CAD and Computer Aided Engineering (CAE) software design needed to fulfill SLV modeling and simulation software mission requirements within ARL’s SLAD. See Section 8 below detailing the market research efforts and determinations. Furthermore, the ACC-APG Adelphi Contracting Division is currently falling short in meeting their HUBZone goal of 1.30% for this Fiscal Year (FY) 2018. To date this FY, the ACC-APG Adelphi Contracting Division has achieved only 0.31%. As noted above, the base period for this effort is 31 January 2018 to 30 January 2019 with an estimated value of $821,440.00.

Therefore, a sole source award to Dalcom LLC under the HUBZone Program would result in an estimated increase toward FY18 ACC-APG Adelphi Contracting Division’s small business goals of +2.71% and a HUBZone goal achievement of +3.27%, based on FY18 total small business eligible dollars.

Based on the aforementioned, the Contracting Officer recommends a contract award to Dalcom LLC on a sole source basis under the HUBZone Program. In accordance with the HUBZone Program exclusions stipulated in FAR 19.1304, the Contracting Officer determined that this requirement exceeds the micro-purchase threshold, is not for the purchase of commissary or exchange resale items, is not currently being performed under the 8(a) program, cannot be satisfied by Federal Prison Industries or Ability One participating non-profit agencies for the blind or severely disabled, and is not recommended for an order under indefinite-delivery contracts or orders against Federal Supply Schedules (see FAR 19.1304). Lastly, in accordance with the HUBZone Program sole source award requirements specified in FAR 19.1306(a), the Contracting Officer confirmed that none of the exclusions apply in FAR 19.1304 and that:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/19.htm#P1085_230226

1) There is not reasonable expectation that offers would be received from two (2) or more HUBZone small business concerns;

2) The anticipated award price of the contract, including options, will not exceed $4 million within any non-manufacturing NAICS code, given that the anticipated award price of this NAICS code 541330 requirement is [redacted];

3) The requirement is not currently being performed by an 8(a) participant under the provisions of subpart 19.8 or has been accepted as a requirement by SBA under subpart 19.8;

4) The acquisition is greater than the simplified acquisition threshold;

5) The HUBZone small business concern has been determined to be a responsible contractor with respect to performance given there are no active exclusions identified in their System for Award Management (SAM) record and there are no Federal Awardee Performance and Integrity Information System (FAPIIS) reports identified in the Past Performance Information Retrieval System (PPIRS);

6) The award can be made at a fair and reasonable price.

6. Efforts to Obtain Competition:

a. Effective Competition: A sources sought notice was published to the Federal Business Opportunities (FBO) website from 27 October 2017 through 01 November 2017 under solicitation number W911QX-18-R-0005 to locate potential sources to fulfill this requirement. In addition to the sources sought posting, the Contract Specialist conducted market research from 27 October 2017 through 01 November 2017, using the Small Business Administration’s Small Business Dynamic Search (SBDS) tool and emailed twenty (20) small businesses a copy of the performance work statement (PWS).

Based on the results of market research and in accordance with FAR 5.201, a synopsis was posted to the FBO website for 15 days, from 15 November 2017 through 30 November 2017 under solicitation number W911QX-18-R-0005, to notify industry of the Government’s intent to sole source to Dalcom LLC. See Section 8 below detailing the market research efforts and determinations and Section 9 regarding the synopsis of this requirement being posted to FBO. No responses were received in response to the notice of intent to sole source. Based on the aforementioned, the Contracting Officer recommends a contract award to Dalcom LLC on a sole source basis under the HUBZone Program. Accordingly, effective competition is not applicable.

b. Subcontracting is not anticipated. Moreover, in accordance with FAR 19.702(b), a Small Business Subcontracting Plan is not required as the award will be made to a small business.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/19.htm#P853_186186 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/19.htm#P853_186186

7. Actions to Increase Competition: Prior to the initiation of future acquisitions for the aforementioned requirement, the market place will continue to be surveyed in order to determine whether additional sources have emerged that can fulfill the Government’s requirements. In the event that another source is capable of meeting the Government’s requirements, the Contracting Officer will re-evalute the current strategy of utilizing a sole source under the HUBZone program and consider a set-aside under one (1) of the small business socioeconomic contracting programs, as applicable. If none of the small business socioeconomic contracting programs are in the best interest of the Government, the Contracting Officer will then consider a small business set-aside or full and open competition, given that small business set-asides have priority over full and open competition in accordance with FAR 19.203(c).

8. Market Research: Initial technical market research was conducted in September 2017 by [redacted] the Program Manager, ARL SLAD, Warfighter Survivability Branch and [redacted] the Branch Chief, ARL SLAD, Software Development Branch. Market research techniques included searching the General Supply Schedule (GSA) website at https://www.gsaadvantage.gov, contacting subject matter experts within the Government/industry, and reviewing market research efforts conducted for similar services previously procured at ARL. It was determined that Dalcom LLC is the only source capable of fulfilling the requirement, as they possess the extensive knowledge and expertise in CAD and CAE software design that is needed to support SLV modeling and simulation software development at ARL.

Additional market research efforts were performed by the Contract Specialist in order to locate any additional sources that could meet the requirements. A sources sought was posted to the Federal Business Opportunities website (www.fbo.gov) from 27 October 2017 through 01 November 2017. An extensive search on the SBA Dynamic Small Business Search (DSBS) engine tool (https://dsbs.sba.gov) was also conducted using NAICS code 541330, “Engineering Services”. Twenty (20) small business vendors were found on the SBA DSBS website and were emailed a copy of the PWS on 27 October 2017. Of those twenty (20) vendors, only two (2) vendors responded with a capabilities statement, Next Phase Solutions (8(a), EDWOSB, HUBZone) and SRR International (8(a), EDWOSB, WOSB, HUBZone). Additionally, the FBO sources sought notice resulted in timely responses from two (2) vendors, DK Consulting (8(a), WOSB, EDWOSB) and Dalcom LLC (HUBZone). A third response was received from TENAX Technologies, LLC shortly after the sources sought closed, however, that capability statement was also sent to the Contracting Officer’s Representative (COR) [redacted] for technical review. All five (5) capability statements were sent to the COR on 06 November 2017 and a thorough analysis was conducted. The COR confirmed that upon review of all capability statements, Dalcom LLC’s technical response and past/current experience provided a strong indication that they have the knowledge and ability to provide the expertise needed to fulfill all elements of the requirement, specifically providing CAD and CAE design, development, and engineering support, as well as experience in solid geometry modeling applications.

The COR confirmed the following based on a thorough review of the other (4) capability statements:

https://www.gsaadvantage.gov/ http://www.fbo.gov/

[redacted] [redacted] [redacted] [redacted]

Based on the aforementioned market research efforts conducted, the Contract Specialist and Contracting Officer confirmed that they do not have a reasonable expectation that offers would be received from two (2) or more HUBZone small business concerns, in accordance with FAR 19.1306(a)(1). Additionally, they confirmed that the requirement is not currently being performed by an 8(a) participant and the award can be made at a fair and reasonable price. As such, a sole source award to Dalcom LLC under the HUBZone Program is recommended for this requirement.

9. Interested Sources: A synopsis was posted on www.fbo.gov from 15 November 2017 through 30 November 2017 in accordance with FAR 5.201, stating the Government’s intent to award to Dalcom LLC as a sole source under the HUBZone Program. No responses were received in response to the notice of intent to sole source. The purpose of the synopsis was to locate any additional HUBZone small business concerns in response to the intent to award to Dalcom LLC as a sole source award under the HUBZone Program.

10. Other Facts:

a. Procurement History

(1) Contract numbers and dates of the last several contracts for these same requirements:

W911QX-17-P-0051 awarded to Dalcom LLC on 31 January 2017

Base Period: 31 January 2017 to 30 January 2018 Value: [redacted] Anticipated Option Period 1: 31 January 2018 to 30 January 2019 Value: [redacted] Anticipated Option Period 2: 31 January 2019 to 30 January 2020 Value: [redacted] Anticipated Option Period 3: 31 January 2020 to 30 January 2021 Value: [redacted] Anticipated Option Period 4: 31 January 2020 to 30 January 2021 Value: [redacted]

Total: [redacted]

(2) The competitive status of these actions:

Contract W911QX-17-P-0051 was solicited as a 100% HUBZone Set-Aside

(3) Authority previously cited if less than full and open competition was used:

Contract W911QX-17-P-0051 was solicited as a 100% HUBZone Set-Aside in accordance with FAR 19.1305.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results:

Not applicable; Solicited as a 100% HUBZone Set-Aside

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources:

Not applicable; Solicited as a 100% HUBZone Set-Aside

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys:

Contract W911QX-17-P-0051 was awarded as a Firm Fixed Price (FFP) contract type due to limited time constraints and to avoid a lapse in BRL-CAD Software Development support coverage. The contract was awarded to Dalcom LLC on 31 January 2017 with a base period of one year (31 January 2017 to 30 January 2018) and four (4) one year option periods. It was determined to include options into this contract in order to allow for the continuation of BRL-CAD Software Development support services and also because the options represented known, firm requirements for which funds were not available at time of award. Throughout the performance of the base year, the Contracting Officer determined that a cost reimbursement contract would be better suited for this type of effort, as costs could not be estimated with sufficient accuracy under the fixed price contract type environment. As such, it was revealed during the base year that the uncertainties involved for the requirement of BRL-CAD Software Development support, specifically, analytical, technical, and software development support for SLV analysis, do not permit costs to be estimated with sufficient accuracy. Since the Contracting Officer confirmed that the conditions for a cost reimbursement type contract for this effort are present IAW FAR 16-306-(b)(1)(i), it was determined that a CPFF type contract is more appropriate for this effort, as the specific work required can only be determined based on estimated hours and rates for personnel and cannot be accurately established with catalog or market prices. Therefore, it was determined that Option Period 1 under contract W911QX-17-P-0051 would not be exercised and a new CPFF contract type would be awarded for this requirement, on or before 30 January 2018.

Contract W911QX-17-P-0051 was solicited as a 100% HUBZone set-aside because market research, at the time, determined there was reasonable expectation that offers would be received from at least two (2) HUBZone small businesses. However, only one

(1) offer was submitted by Dalcom LLC in response to the HUBZone set-aside solicitation. Dalcom’s proposal was deemed as technically acceptable and they were awarded contract W911QX-17-P-0051 on 31 January 2017. For this new effort, the technical market research provided by the COR included only one (1) known source, Dalcom LLC, that could fulfill the BRL-CAD requirement. Because additional market research efforts conducted deemed Dalcom LLC as the only capable source that can fulfill the requirement and because the synopsis posting resulted in no responses, it was determined to proceed as a HUBZone sole source for the new CPFF requirement due to the fact that there is reasonable expectation that no more than one (1) HUBZone vendor can fulfill the requirement and no more than (1) technically acceptable proposal would be received from a HUBZone vendor. Lastly, for the new CPFF requirement, options will be included as they represent known, firm requirements for which funds are not presently available at this time.

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

Not applicable; Solicited as a 100% HUBZone Set-Aside

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: Program Manager

Technical Certifier (Tech)

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: Branch Chief

Requirements Certifier

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. Fair and Reasonable Price Determination will be made in accordance with FAR Part 15.404- 1(a)(3) “Cost Analysis shall be used to evaluate the reasonableness of individual cost elements when certified cost or pricing data are required. Price analysis should be used to verify that the overall price is fair and reasonable.”

This determination will be made using the following:

_X_ Cost analysis __ Price analysis __ Should cost

__ IGCE

__ Audit:

__ Other:

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

_X_ Will be required.

__ 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.

__ 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).

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

Title: Contracting Officer

Contracting Officer (KO)

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

Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of BRL-CAD Software Development support services on an other than full and open competition basis pursuant to the authority of 10 U.S.C.2304(c)(5), as implemented by FAR Part 6.302-5 – Authorized or Required by Statute. See FAR 19.1306 implementing 15 U.S.C. 657a, subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Special Competition Advocate (SCA)

(End of J&A)

REVIEWS

Associate Division Chief – Contracting (ADC)

Chief of the Contracting Office (COCO)