RACER PACES SATOC JA Redacted.pdf

Requirement: RACER/PACES Location: CONUS Control Number:

JUSTIFICATION REVIEW DOCUMENT

RFO PART 6 JUSTIFICATION AND APPROVAL FOR

OTHER THAN FULL AND OPEN COMPETITION

Program/Equipment: Environmental and Munitions Center of Expertise (EM-CX), Parametric Support Procurement (Remedial Action Cost Engineering Requirement (RACER) and Parametric Cost Engineering System (PACES) Software Maintenance.

Authority: 10 United States Code (U.S.C.) 3204(a)(1) as implemented by Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) Part 6.103-1 "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements."

Amount: This Justification and Approval (J&A) is for the RACER/PACES Indefinite Delivery/Indefinite Quantity (IDIQ) Single Award Task Order Contract (SATOC), estimated at (includes Option to Extend Services).

Period of Performance (POP): This is a SATOC with a 5-year ordering period and six additional months if clause 52.217-8, Option to Extend Services, is exercised.

5-Year Ordering Period: 30 August 2026 - 29 August 2031 30 August 2031 - 28 February 2031 52.217-8 Option to Extend Services:

Prepared by:

Contracting Officer:

Technical:

Requirements:

Robert Marsh Contract Officer, FTI-GEN Email: Robert. G.Marsh@usace.army.mil

Controlled by: Army Controlled by: USACE - CEHNC

POC: Robert Marsh

.HUNTSVILLE ENGINEERING AND SUPPORT CENTER REVIEWERS

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

Contracting Officer:

ROBERT G. MARSH

Contracting Officer Email: .Robert. G. Marsh@usace.army.mil

USACE HEADQUARTERS AND SENIOR CONTRACTING OFFICIAL REVIEWERS

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

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

1. Requiring Activity: United States Army Corps of Engineers (USACE) Engineering and Support Center, Huntsville (CEHNC), located at 300 Secured Gateway, Redstone Arsenal, Alabama 35898.

2. Contracting Activity: CEHNC, 300 Secured Gateway SW, Redstone Arsenal, Alabama 35898.

3. Description of Action: The purpose of this document is to justify the rationale for award of a sole source Single Award Task Order Contract (SATOC) for software maintenance services for the Remedial Action Cost Engineering Requirements (RACER) and Parametric Cost Engineering System (PACES) applications, associated training, and programming support.

The SATOC will be a sole source Indefinite Delivery/Indefinite Quality (IDIQ) awarded to AECOM Technical Services, Inc. (AECOM), 300 S. Grand Ave, Suite 900, Los Angeles, California 90071, Commercial and Government Entity (CAGE) Code: 4L767. The SATOC will be Firm Fixed Price (FFP) valued at with a five-year ordering period, plus an option to extend the ordering period up to six months in accordance with clause 52.217-8, Option to Extend Services. The task orders awarded under this proposed contract will be funded using multi-agency funding sources, to include (but not limited to): USACE Enterprise Reimbursable Cost Funds, Air Force Military Construction (MILCON), Navy MILCON, Office of the Secretary of War (OSW) Operation and Maintenance (O&M), Formerly Used Defense Sites (FUDS) O&M, and Defense Logistics Agency (DLA) Working Capital Funds. The individual task orders awarded under the SATOC will be FFP. The current SATOC for these services, W912DY20D0082, expired on 28 February 2026. Services are currently being provided by AECOM under three active task orders that will expire on 29 September 2026, and three stand-alone contracts of which one will expire on 01 September 2026 and two will expire on 29 September 2026. The remaining active task orders provide severable support services for PACES and non-severable enhancement services for both RACER and PACES. The stand-alone contracts provide continued services for RACER to include a severable stop-gap measure for RACER support services, non-severable enhancement services for RACER and non-severable services for System and Organization Controls 1 (SOC-1) type 2 Audit and analysis.

The Government anticipates award of the SATOC in August 2026 to support FY26 requirements.

4. Description of Supplies/Services: RACER and PACES are commercial parametric software programs responsible for developing cost engineering estimating models for building construction, environment remedial action cleanup, and site work construction. The models must be in the required format and be consistent in structure with other models developed for use with/by the current RACER and PACES software programs. Under this SATOC, AECOM will provide as a commercial service both continuous severable support for RACER and PACES and non-severable support, which includes tasks such as updating the models to a new version through the edition of modules or significantly revising old modules with up-to-date information.

The RACER / PACES suite of automated software tools streamlines cost estimation across the entire project lifecycle. It supports key activities from initial budget planning and design analysis to aiding in the preparation of Independent Government Estimates (IGEs), supporting estimation of construction modifications, and capturing final contract costs for historical records. CEHNC supports the RACER Steering Committee and the Tri-Services Steering Committee (Army, Navy and Air Force) who define the standards and cost models for parametric estimating, as well as OSW, Department of Energy (DOE), DLA, United States Geological Survey (USGS), Federal Aviation Administration (FAA), and the Environmental Protection Agency (EPA).

The estimated value of this proposed sole source IDIQ SATOC is (which includes a five-year ordering period and a 6-month option to extend services). The breakout of the estimated cost per ordering period is shown in Table 1.

Location: CONUS

Ordering

Period

Base: Year 1-Year 5

52.217-8 Option to Extend Services

TOTAL

Control Number:

Table 1: Cost Estimate

RACER PACES Total

*Estimated value rounded up to for the purpose of this justification.

5. Authority Cited: 10 U.S.C. 3204(a)(1) as implemented by RFO 6.103-1 "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

6. Reason for Authority Cited:

a) Background and Justification: The Government contemplates a follow-on sole source award to AECOM for RACER and PACES software maintenance. AECOM is the sole owner of the source code for both systems and has copyrighted and trademarked the software titles and training material. The core software was developed as a partnership, using funds from both the Government and the contractor, AECOM. While the Government has rights to the core system source code, AECOM has independently funded and added its own proprietary enhancements.

Because of this, the current version of both RACER and PACES cannot be provided to other contractors for continued development or developed further by the Government without first rebuilding versions of both software titles to remove all proprietary AECOM portions. There are no authorized resellers nor third-party vendors with the credentials to maintain the systems, provide training, or provide hotline support. As such, no other contractor maintains the detailed knowledge of the software, database structure, and course material necessary to meet the needs of the Government.

The RACER and PACES software programs are used by the DoW, DOE, FAA, and EPA for the computation of budgetary cost estimates for MILCON, FUDS, and environmental clean-up projects, which are then used as the basis for budget requests submitted to Congress for approval. CEHNC is recognized as the Assigned Responsible Agency under the Unified Facilities Criteria 3-740-05, dated 09 December 2022, making CEHNC responsible for providing all required operation, maintenance, and support for all software applications designed to support cost engineers throughout USAGE and the Tri-Services. RACER and PACES are used by USAGE, Tri-Services stakeholders, and other agencies in support of military, civil works, Hazardous, Toxic, and Radioactive Waste (HTRW), and other projects worldwide. Therefore, all users depend upon USAGE for software maintenance and model updates.

The software maintenance services for RACER and PACES at the task order level will include: support services;

defect management; software enhancement; software testing; documentation; training; performing a Statement on Standards for Attestation Engagements No. 18 (SSAE 18)/SOC 1 audit in accordance with standards established by the American Institute of Certified Public Accountants; and providing verification, validation, and accreditation (W&A) support.

RACER / PACES is the only software solution available that meets the Government's essential cost-estimating needs, as it was specifically developed by the Government and AECOM to fill these requirements The enhancements were a result of Government-funded requests as well as AECOM's independent improvements. If the Government only utilized the 'core' Government version (via retained Government Purpose Rights), the Government would lose these critical improved features. It would then take an estimated 12 to 24 months for the Government to both rebuild a functioning version of RACER and PACES and re-engineer the functionalities solely owned by AECOM, resulting in a period of time without these tools altogether as they are being rebuilt and then additional time without a complete estimating tool as functionalities are restored

Furthermore, after the re-engineering is complete, the new system requires certification and approval before using it for Government Estimates. This certification and approval could take an additional 18 months. This would cause unacceptable delays in software releases and the ability to produce and provide accurate budgetary cost estimates for military and environmental remediation projects for the Tri- Services, DOE, FAA and EPA, etc.

To maintain our necessary capabilities without interruption, continuing with the fully featured software provided by AECOM is the only practical course of action.

OSW requires that parametric estimates are derived from a tool that can be verified, validated, and accredited. This is critical as the estimates are used in the annual financial statements which must be auditable. RACER is currently the only system which creates estimates for Environmental Liabilities that meet this requirement. Failure to maintain RACER would prohibit OSW from certifying verification, validation and accreditation for the Government's Environmental Liabilities cost estimates development. Likewise, failure to maintain PACES would prohibit the Air Force (the largest entity using PACES) from developing approximately 35% of the budgetary estimates presented to Congress each year; therefore, impacting the amount of funds appropriated for their projects.

The National Defense Authorization Act (NOAA) for Fiscal Year (FY) 2024 (FY24) required DoW to obtain an unmodified (clean) audit opinion on its financial statements by 31 December 2028. An unmodified audit opinion means that the financial statements comply with accounting guidance and give a true and fair view of an organization's financial information. DoW financial statements provide Congress and the public with transparent, reliable, and trustworthy information regarding the use of funds appropriated to the DoW. Failure to meet this requirement could lead to additional congressional scrutiny and potential funding restrictions for any component who fails the audit.

In the DoW Office of Inspector General (OID) FY24 audit report, 28 material weaknesses were identified that require remediation in order for the DoW to achieve a clean audit opinion in FY28. The 28 material weaknesses were divided into three categories: 1) Management Responsibility and Accountability, 2) Information Technology, and 3) Accounting. Environmental and Disposal Liabilities (E&DL) is a weakness categorized under Accounting and the use of RACER as a cost estimating system is a identified contributing factor for this weakness. The need to downgrade DoWs $408+ E&DL material weakness in FY26 is critical to obtaining a clean audit opinion. Competing this acquisition amongst contractors would jeopardize the current efforts to receive and maintain a clean SOC audit currently underway with AECOM as it would require the effort to restart with the new contractor and evaluate their controls for RACER, which would not be substantially established, resulting in not receiving a clean SOC audit opinion.

The DoW entities that rely on RACER to support E&DL cost estimates received audit findings associated with their use of the RACER system. To address these findings, the Environmental Estimating Community of Practice (EECoP) executed a course of action to increase confidence with the reliance of RACER. The agreed upon course of action will be comprised of (a) holding the service provider, AECOM, accountable for developing a System and Organization Controls (SOC) 1 Report for RACER, and (b) obtaining current W&A reports for RACER Technologies (cost models).

These actions will provide a reasonable level of assurance that RACER produces relevant, accurate, and supportable E&DL cost estimates. As the SOC 1 report is dependent on the service provider's operating environment and associated controls, switching vendors would change the operating environment and would invalidate the current ongoing SOC 1 evaluation, further jeopardizing the Dows ability to obtain an audit downgrade in FY26.

b) Alternatives: The Government explored the possibility of conducting a competitive procurement, but AECOM's ownership and copyright on the source code and trademarks of both RACER and PACES, and the Government's current inability to compile and run the Government purpose rights source code makes it highly unlikely that any other vendor can provide the same product or service at this time. No alternative provider for these services was identified in market research to continue performance of this requirement without substantial delay and impact on both USAGE and other Government users.

Another alternative would be to suspend contract support for RACER and PACES. This would leave multiple Government agencies with the inability to compute budgetary cost estimates for construction and environmental remediation projects. These estimates are the basis of budget requests sent to Congress for approval.

Suspending contract support could result in funding shortfalls or overinflated budgets due to inaccurate estimates and delays in budget preparation and therefore, impacting the amount of funds appropriated for these projects.

The Air Force (the largest entity using PACES) develops approximately 35% of the budgetary estimates presented to Congress each year. A lack of support would severely impact the amount of funds appropriated for their projects. For these reasons, this is not a viable alternative.

c) Impact if not approved: It is imperative that the Government executes this sole source SATOC to avoid negative impacts caused by inaccurate budget estimates, unacceptable project delays, and the DoWs inability to downgrade the E&DL material weakness and achieve the mandated clean audit opinion by FY28. PACES supports approximately 1000 users DoW wide to include 425 within the Air Force, 200 at USAGE, 250 at the Navy and additional licenses are provided to both the Defense Health Agency and the Coast Guard. These users are responsible for their respective agencies' budgeting and estimation of construction efforts. RACER's significant use throughout the DoW to include approximately 1,165 projects in USAGE, 1,700 projects in the Air Force, and 160 projects in DLA with their collective value at approximately $20.6 billion would result in a significant loss in budgeting accuracy for agencies using the program.

7. Efforts to Obtain Competition: A sources sought announcement was published on SAM.gov on 13 March 2025 to 14 April 2025 requesting information in order to determine the existence of viable commercial sources capable of providing the described software maintenance services. CEHNC requested sources that were interested and had the capability of providing parametric models for building construction, remedial action cleanup, and site work construction with rights to use the existing/current technology/software. Seven responses were received from the announcement. A review of the seven responses determined only one vendor, provided information stating they had experience with parametric modeling and "access to qualified specialists with prior experience in PACES and RACER development, integration, and instruction." The Contracting Officer held a capability briefing with to discuss their experience and capability to perform the requirement. While had experience with cost estimating systems, they had no specific experience in construction or environmental estimations, or services in support of construction or environmental requirements. Additionally, they did not have experience with working under Government Purpose Rights (GPR) constraints. These factors in addition to the Government currently not having an operational GPR version of either RACER or PACES gave the Government limited confidence that or other vendors would be competitive in comparison to AECOM or capable of delivering a GPR software version without an unacceptable and extended loss of service to these critical systems.

A Request for Information (RFI) (Reference No: 528853) was posted on CHESS to all contractors in the ITES SW2 program from 11 April 2025 to 22 April 2025. The RFI yielded 20 no bids and four no responses. A statement of non-availability (SONA) was requested (Request No:216817823), but the requirement was determined to be out of scope of the CHESS COTS IT contracts, so the SONA was not required.

The Contracting Officer published the notice required by RFO 5.101 on 18 November 2025. No responses to the synopsis/notice of intent to sole source were received.

a) Effective Competition: As stated above, the RACER/PACES applications are exclusively developed, licensed, and distributed by AECOM. RACER/PACES is a commercial item which has been customized for Government use. The Government does not currently have a usable version of the source code that can be compiled and provided to potential offerors in a competitive acquisition. In accordance with RFO 5.101, the Contracting Officer has published the required notices as stated above. Further, the Government will comply with the posting requirements of RFO 6.301 - availability of the justification within 14 days after award.

b) Subcontracting Competition: In accordance with clause 52.219-9, Small Business Subcontracting Plan, which will be included in the solicitation and the resultant contract for the SATOC, AECOM will be required to submit a Subcontracting Plan with its proposal that complies with the established subcontracting goals for various socio economic groups specified in the solicitation. The Government will evaluate the plan for acceptability, and the Contracting Officer will verify such prior to award. After contract award, the Contracting Officer will review and approve the contractor's progress in meeting the accepted plan via review of the semi-annual subcontracting reporting requirement.

8. Actions to Increase Competition: The Government took actions to increase competition after the sole source award for contract W912DY20D0082 as outlined in the approved J&A for contract W912DY20D0082. (See Attachment A - JA_PACES-RACER_23SEP2019). The Environmental and Munitions Center of Expertise (EM CX) through the USAGE Engineering Research and Development Center began phase 2, software design, of the Government Off the Shelf replacement to RACER named Environmental Estimator (Ell). This effort extended from FY20 through FY22 with an investment of approximately $3.8 million by the EECoP and end users of RACER. In FY22 phase 3, implementation and testing began by providing Ell to EECoP stakeholders. The result of the EECoP's investment was a potential replacement system that provided a significantly reduced and ultimately unacceptable level of functionality compared to RACER. The Government estimated a cost of approximately $6. 7 million for fully functional and acceptable replacement. Based on the results presented to the EECoP after over half the estimated cost being invested in the project, to include significant technical deficiencies within the presented product, the EECoP voted to terminate the project due to it lacking cost efficiency and resulting in very limited confidence in the ability for the project to succeed given additional investment.

The Tri-Service Automated Cost Engineering System (TRACES) program also began efforts to replace the PACES system in FY20 by creating a replacement system named TRACES Enterprise Portal Parametric Estimator (TEPPE). TEPPE was meant to be both a replacement for the PACES system as well as a detailed cost estimating system extending beyond the parametric 0-15% designs used in planning and rough order of magnitude (ROM) estimates created under PACES. As work on TEPPE advanced, progress made on this system focused more on detailed estimating for 60+% designs, which is not suitable as a replacement to the PACES parametric cost estimations for the planning/ROM estimations required. This effort was eventually stopped due to lack of significant improvement and concerns about cost effectiveness through a joint decision by all stakeholders of TRACES to include USAGE, Army, Navy, and Air Force.

The Government is continuing to consider mechanisms to increase competition and negate the reliance on AECOM for their continued support of both RACER and PACES. There are currently two alternatives the Government has considered, detailed below:

a) The Huntsville Center, EM-CX and the TRACES Team considered modification of other commercial software similar to RACER and PACES such as SAGE, REVIT, and as Micro-Computer Aided Cost Estimating System Second Generation (MIi). SAGE is cost estimating software but doesn't provide models. REVIT builds models but doesn't perform cost estimating functions. MIi is a USAGE cost estimating system, but it lacks the ability to provide parametric data; however, it does provide the potential for interoperability with SAGE & REVIT. This alternative would require a contract to modify each of these commercial products with the MIi USAGE product so that they interface with each other and create a mechanism to migrate data from RACES and PACER to the new commercial environment. There is risk with this option because it does involve third-party software manipulation (source code) which requires permission from the manufacturer and may present potential litigation risks (copyright or trademark infringement). In addition, this alternative presents risk as the details of licensing would need to be negotiated with license agreements (perpetual vs. term). Finally, the new product would need to be tested for compliance with the requirements of the Risk Management Framework and Army Technology Objectives regarding cyber security requirements for software loaded on the CorpsNet and/or other agency networks. As a result, this alternative is not in the best interest of the Government.

b) The Huntsville Center, EM-CX and the TRACES Team have also developed a roadmap geared toward increasing competition which includes three steps:

(1) The first step is to continue having AECOM provide the RACER and PACES source code as a deliverable under the sustainment requirements and on each subsequent enhancement requirement. The Government, through the TRACES team, will fill one of the current vacant positions with a capable software engineer or similar skillset to conduct in-depth reviews of the source code. This action is dependent on CEHNC's ability to receive an approved hiring exemption due to the ongoing federal hiring freeze. This engineer in conjunction with USAGE legal counsel can work toward the creation of an operational version of both RACER and PACES free of any AECOM independent enhancements that the Government does not have either GPR or unlimited rights for. The GPR versions created can be reviewed by end users for loss of functionality, which can in turn be used to create a requirement for a new competitive acquisition to restore the functionality losses. The ability to complete this first step and continue to pursue the below two steps are dependent on both the timeliness of hiring and progress made on the fully GPR version as well as the cost effectiveness and timeliness of the re-work that would be necessary for any vendor other than AECOM to complete.

(2) After completion of the first step, the GPR/unlimited rights version can be provided to all prospective offerors in a competitive acquisition both in an executable form and uncompiled source code under sufficient non-disclosure agreements (NDAs) and agreements to destroy the sensitive solicitation information provided.

Currently, the Government has not completed sufficient independent reviews of the provided source code to know with certainty it does not include any AECOM proprietary information for which the Government does not have rights. Furthermore, the Government does not have an executable version of either RACER or PACES that only uses GPR/unlimited rights portions of the systems.

(3) Upon successful or imminently successful completion of the above steps, a third step would be taken to negotiate a one-time purchase of a perpetual enterprise-wide license for USAGE to avoid future sole source requirements with AECOM in support of either RACER or PACES. Should this not be possible, a continued sole source purchase of enterprise-wide term license would be required.

9. Market Research: Market research was completed from 13 March 2025 - 03 December 2025 using sources sought/RFls, internet searches, and review of Government sources. As stated in section 7, a sources sought announcement was published on SAM.gov from 13 March 2025 to 14 April 2025. Seven responses were received from the vendors listed in Table 2. Of these seven responses, one provided a generic capabilities statement for their firm that made no reference to this requirement, four vendors provided responses that referenced this requirement but did not respond to any of the specific questions asked as part of the market research effort nor provided details that showed relevant experience or capability to perform this requirement.

Two vendors submitted responses tailored to this requirement and provided responses to the specific questions asked as part of this market research effort. One of these vendors stated they had no experience with parametric modeling, construction estimations, or environmental estimations. The other vendor that provided a tailored response, . provided information stating they had experience with parametric modeling and "access to qualified specialists with prior experience in RACER and PACES development, integration, and instruction." A detailed capabilities brief with was held on 16 May 2025 as the only vendor who's response provided marginal confidence in their ability to perform. In the briefing the Contracting Officer found that despite experience with parametric estimations, had no specific experience in construction or environmental estimations, or services in support of construction or environmental requirements.

T bl 2 R a e es Contractor Name SB/OTSB

SB

SB

SB

SB

SB

SB

SB

t s :>onse o ources Capable

No

No

S ht oua

Lacked cost estimation, construction, and environmental experience

Lacked cost estimation, construction, and environmental experience

Provided standard capabilities statement that lacked cost estimation, construction, and

No environmental experience Lacked cost estimation, construction, and

No environmental experience Lacked construction and environmental

No estimate experience Lacked cost estimation, construction, and

No environmental experience Lacked cost estimation, construction, and

No environmental experience

An RFI posted on CHESS to all contractors in the ITES-SW2 program from 11 April 2025 to 22 April 2025 resulted in 20 no bids.

In addition to those efforts, an advanced search was performed on the Small Business Dynamic Search database using keywords "Parametric Cost Engineering" and "Remedial Action Cost Engineering Requirements" on 8 July 2025. This search resulted in one vendor, , , offering cost engineering services and estimates based on parametric plans; however, it was noted that this company did not maintain the necessary software for the specific requirements of the project.

An online search on 11 April 2025, using the same keywords on Google yielded website.

When combined and analyzed, these market research efforts did not identify any vendors other than AECOM that could be considered capable of meeting the Government's requirements.

10. Interested Sources: To date, no additional sources have written to express interest in the acquisition other than the ones noted above in Section 9, Market Research.

11. Other Facts:

a) Procurement History: CEHNC has procured PACES/RACER applications in previous years.

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

Table 3· Procurement Historv Procurement Amount Period of Scope

Contract Number Contractor Method (est.) Performance

RACER

Sole Source 28 August 2007 - Sustainment and

W912DY07D0003 Earth Tech. FAR 6.302-1 $4.1M 27 Auaust 2012 Enhancement IDIQ 30 September RACER

Earth Tech 2013- Sustainment and (bought by Sole Source 29 September Enhancement IDIQ

W912DY13D0115 AECOM). FAR 6.302-1 $7.7M 2018

RACER PACES

Sole Source 28 August 2020 - Sustainment and W912DY20D0082 AECOM FAR 6.302-1 $13.2M 28 Februarv 2026 Enhancement IDIQ

30 September RACER Sole Source 2025-29 Sustainment

W912DY25C0020 AECOM FAR 6.302-1 $493K September 2026 30 September RACER Version

Sole Source 2025-29 11.12 W912DY25C0025 AECOM FAR 6.302-1 $661K September 2026

13 March 2026 - RACER SOC 1 Sole Source 01 September Type II Attestation

W912DY26CA010 AECOM RFO 6.103-1 $723K 2026

(2) The competitive status of these actions: Each of the previous acquisitions were sole source acquisitions using FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, now RFO 6.103-1. The previous IDIQ, W912DY20D0082, expended all capacity and expired on 28 February 2026. Three task orders (W912DY25F0431, W912DY25FA210, W912DY25FA263) are currently active and will expire on 29 September 2026. Three standalone contracts (W912DY25C0020, W912DY25C0025, W912DY26CA010) have been awarded as sole source contracts to ensure continued services while this follow-on SATOC is awarded.

(3)Authority previously cited if less than full and open competition was used: The J&As for the FY07 and

FY13 contracts referenced 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-1 (b)(1 )(i), unique supplies or services available for one source or only one supplier with unique capabilities. The FY20 contract J&A references FAR 6.302-1(a)(2)(iii)(B), services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays in fulfilling the requirements of numerous Government agencies. The J&As for the three stand-alone contracts referenced FAR 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements.

(4) 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. No other action was accomplished using full and open competition.

(5)An explanation of any unusual patterns that may be revealed by history, e.g., several consecutive, urgent buys: There are no unusual patterns.

(6)An explanation of protests received, if applicable, and actions taken in response to the protest. No protests have been received.

b) Other Facts:

The Government will require in the new contract that AECOM continue providing a copy of the source code as an annual submittal for enhancements. Additionally, the data rights table below provides historical data regarding the current data rights assertions negotiated between USAGE and AECOM. The same data rights table will be incorporated into the new contract. Retaining Government purpose rights and obtaining the source code should allow USAGE in the future to increase competition by offering other vendors the same basic technical information currently held by AECOM. Without the source code, any effort to maintain these software titles would require costly time and fiscal resources to reverse engineer the product (as discussed above) to derive a reliable version of the source code.

Table 4: Government Data Rights

Technical Data or Computer Software to be Basis for Assertion Furnished With Restrictions

AECOM owns the U.S.

trademark and copyright

RACER and PACES trademarks and copyrights outright.

RACER and PACES core systems ( data/database/data tables/assemblies/assembly Government retains purpose calculations, import, export, hierarchy, rights to deliverables fully or encryption, table structure/format, table partially funded under interpretation for example). contract.

Government retains purpose RACER and PACES Models, model features, rights to deliverables fully or model calculations, model algorithms, model partially funded under help files, and model addendums (as available) contract.

Documentation (to include RACER and PACES training, materials, help documentation, studies, design/model development documents, model reports, software test result reports, Verification, Validation, & Accreditation (W&A) reports, Government retains purpose FUDS estimate documentation report, and other rights to deliverables fully or possible computer documentation not yet partially funded under specified. contract.

Government retains purpose rights to deliverables fully or

FUDS Specific External Utilities for RACER, Post partially funded under Processor Utilitv and Wraooer Utilitv contract.

Government retains purpose rights to deliverables fully or partially funded under

RACER and PACES Software Reports contract.

Attachments:

Attachment A - JA_PACES-RACER 23SEP2019

Asserted Rights Category

The Government does not have trademark or copyright ownership.

Government Purpose Rights

Government Purpose Rights

Government Purpose Rights

Government Purpose Rights

Government Purpose Rights

12. 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.

13. 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.

14. Fair and Reasonable Price Determination: I determine that by applying price analysis techniques described in RFO 15.404-1 (b) the proposal which will be required from the contractor, the Government will obtain a fair and reasonable price in accordance with RFO 15.404-1. Specifically, I will compare the labor rates proposed to the labor rates historically paid for the same or similar services. I will also compare the proposed prices by CUN to the IGE.

This acquisition is commercial in accordance with RFO 15.403-1(b)(3) therefore certified cost and pricing data is not required. However, if a fair and reasonable price cannot be determined by the methods identified above, other than certified cost or pricing data shall be obtained to determine fair and reasonable pricing.

ROBERT G. MARSH

Procuring Contracting Officer

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

ROBERT G. MARSH

Procuring Contracting Officer

Location: CONUS

Approval

Control Number:

Based on the foregoing justification, I hereby approve the procurement of RACER and PACES Software Maintenance Support Services on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 3204(a)(1 ), as implemented in RFO 6.103-1, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements." The estimated value of the new contract is The approval is subject to the availability of funds and provided that the supplies and/or service herein described have otherwise

LAURA J. EICHHORN

Command Advocate for Competition