A.02 ProjNet_SoleSource J&A W912HN21q5028_.pdf

Control No. SAS-21-17

SOLE SOURCE JUSTIFICATION

1. Agency/Contracting Activity: U.S. Army Corps of Engineers, 100 West Oglethorpe Avenue, Savannah, GA 31401

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Funds: OMA Other Funds: Revolving

Name of Proposed Contractor(s): The National Institute of Building Sciences Street Address: 1090 Vermont Avenue, N.W; Suite 700 City, State, Zip: Washington, D.C. 20005-4905 Phone: (202) 289-7800

3. Description of Services or Supplies:

The total estimated value of the proposed action is $ 221,309.00

This request is for approval of a sole source acquisition of Subscription Services for access to two (2) ProjNet modules, ProjNet-BID (SM) and ProjNet Filer (SM) from the National Institute of Building Sciences (NIBS). Procurement is sole source for Subscription Services for access to the two ProjNet (SM) modules for FY 2022-2026 from NIBS. The procurement will be for a base of one (1) year license usage, plus four (4) one-year option years, starting 1 October 2021 through 30 September 2026. The total estimated cost for the subscription is $221,309.00.

4. Authority:

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization)

5. Reasons for Authority Cited:

ProjNet is a commercial item as defined in FAR 2.101: “Any item, other than real property, that is of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes.” The estimated amount for this requirement is $221,309, which is below the simplified acquisition threshold (SAT) of $250,000. There are no other secure Government approved systems available that provides access to the ProjNet-BID (ISM) and ProjNet FILER (ISM) systems. The National Institute of Building Sciences (NIBS) is the only company that can provide this subscription.

6. Actions to Increase Competition:

ProjNet is available commercially and utilized by a wide variety of owner-types, including federal and state governmental agencies, commercial firms, and higher education institutions. This product is only offered by NIBS, an institution chartered by Congress in 1974 under P.L. 93-383. It was developed by the U.S. Army Corps of Engineers Construction Engineering Research Laboratory (CERL) to fulfill a USACE need. NIBS administers ProjNet subscriptions and provides user support services for ProjNet to allow subscriptions to be sold to other entities beyond USACE that are involved in design and construction activities. ProjNet is the only secure, real-time, integrated, design and construction review platform currently available. ProjNet gives owners and team members immediate access to every project design document.

7. Market Research:

Initial consideration was given to the recommended sources for Supplies and Services to include Federal Prison Industry (UNICOR), Ability One, and Government Services Administration (GSA). There were no available sources within UNICOR or AbilityOne who were capable of performing these services. When searching on GSA Advantage using the words “ProjNet Software Services” as search criteria, there were no available sources.

When searching on the Small Business Dynamic Search website, the NAICS code, state and county were used as search criteria. There were three possible vendors in Chatham County, GA.

The National Institute of Building Sciences (NIBS) has been identified as the sole-source provider of ProjNet. Therefore, this brand name sole source procurement will be made to

NIBS.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: W912HN-11-P-0116, W912HN-12-P-0098, W912HN-13-P-0027, W912HN-14-P-0049, W912HN-15-P-0039, & W912HN-16-P-050

Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale: The previous purchase orders were completed on annual basis. They were each purchased from NIBS as the only provider of this commercial software access. Access to the software requires annual renewal of the subscription.

9. Additional Facts and/or Information to support the justification.

This is a sole source purchase of Subscription Services for access to ProjNet BID (SM) and ProjNet FILER (ISM). The National Institute of Building Sciences (NIBS) developed the internet based ProjNet system. There are no other secure Government-approved systems available for the same purpose. The legislation for the NIBS specifically authorizes government agencies and departments to “contract with and accept contracts from the institute for specific services where deemed appropriate by the responsible Federal official involved.”

Army Regulation 25-1 and AFARS 5139-101-90 requires that all Commercial IT procurements must be processed through the Army’s Computer Hardware Enterprise Software and Solutions Program (CHESS). However, if CHESS cannot provide the requested software or hardware, a statement of non-availability shall be provided by CHESS. Further, according to AFAR 5139-101-90(a)(2), IT hardware or software purchases made outside of CHESS requires an Army Chief Information Officer (CIO) G6 approved Goal 1 Waiver, unless the purchase(s) is strictly for renewal purposes. For renewals, neither the statement of non-availability nor the Goal 1 Waiver is required but is considered a “discretionary measure in accordance with the requirements of the Contracting Officer.

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Title:

Signature: __________________________________________

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Basis for the determination is as follows:

Signature: __________________________________________

12. Small Business: I certify that I have reviewed this document and supporting data and concur with the findings.

13. Legal Review (IAW UAI 5101.602-2-90(c)): I have reviewed this justification and find it legally sufficient.

14. Contracting Officer’s Approval (actions less than $750K): I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.