A02.14 SSJ Under SAT - DIANA FEA - SAM.gov.docx

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Control Number:

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Requirement: DIANA (DIsplacement ANAlyzer) software for IWR Location: Institute for Water Resources – Risk Management Center Control Number:

Justification for a Sole Source Selection Under FAR 13.106-1(b)(1)(i)

1. Contracting Activity: The United States Army Corps of Engineers (USACE), Humphreys Engineer Center Support Activity (HECSA), located at 7701 Telegraph Road, Alexandria, Virginia 22315, prepared this justification.

2. Description of Action: HECSA intends to award a new delivery order for DIANA software licenses in support of the Institute for Water Resources Risk Management Center, pursuant to FAR 13.106-1(b)(1)(i), soliciting from a single source, DIANA FEA, since there are no authorized resellers of the software. This commercial off-the-shelf brand-name specific acquisition will result in a firm-fixed price delivery order issued to DIANA FEA on a sole source basis.

3. Description of Supplies/Services: The requirement is for exclusive software license agreements and maintenance support services of brand name DIANA software in a multi-seat bundle (allows a total of 5 users). This contract is to supply leased licenses which include maintenance as a firm fixed price purchase order to procure brand name IT software, DIANA. This software will be used for risk analysis and modeling of dams and their supporting infrastructure. The period of performance will include a base year and four (4) one year option periods.

These software packages are critical to the Risk Management Center risk assessment mission as well as the National USACE Asset Management Program. Operation and Maintenance (O&M), General, Corps of Engineers, Civil funds will be used for this supply contract. The total estimated cost for this software is approximately $xxx,xxx.xx.

4. Authority Cited: 10 U.S.C. 2304(C)(1) or 41 U.S.C. 253(C)(1) as implemented in Federal Acquisition Regulation 13.106-1(b)(1)(i).

5. Reason for Authority Cited: The Government must purchase this Brand Name software and its components because there was no alternate software found in FNMS that is available for use on Army networks or FEDRAMP approved. The software is necessary for RMC projects.

DIANA (DIsplacement ANAlyzer) is a finite element modeling software that is capable of combined thermo-hydro-mechanical modeling of reinforced concrete mixture designs. The software contains special constitutive models and features specifically developed for modeling thermally induced stresses in composite structures consisting of steel rebar and concrete. The software is needed to perform thermal analysis of large concrete hydraulic structures to design efficient and reliable concrete mixes for dam construction projects with costs of approximately $6 billion dollars. The Garrison Dam Spillway Modification Project is currently in PED and has an immediate need for the software to perform thermal analyses in support of concrete materials investigations planned for Fall 2024. Delays in obtaining the software will result in delays to the construction project.

6. Efforts to Obtain Competition: An RFI was posted onto CHESS and received zero responses. Correspondence with the software company, DIANA FEA, confirmed that there are no authorized resellers for DIANA’s software.

The Notice of Intent to sole source this requirement will be posted the Contract Opportunities section of SAM.gov for 15 days.

7. Actions to Increase Competition: No competition is being sought. As detailed above, competition is not practical.

8. Market Research: Market research was conducted during the months of February – September 2024. An RFI was posted on CHESS for small business vendors providing IT products and services and received zero responses. A SONA (statement of non-availability) was requested and approved in the CHESS application system. SONA 216805129 was approved on 21 February 2024. An ITAS waiver 20240226002836 was approved for this procurement on 22 May 2024. The contracting team corresponded with DIANA FEA via email in July and August 2024 regarding product details. DIANA FEA confirmed they do not have any authorized resellers of their software. DIANA FEA has an active registration in SAM.gov and the DIANA software has been approved for use on Army networks. The DIANA software package includes dedicated features for dam and dike analysis which are necessary for RMC’s projects to be successful.

9. Other Facts:

a. Procurement history. None. This is a new requirement.

10. 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.

Jennifer L. Savitz IT Program Manager, IWR-RMC 412-667-6639

11. 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.

Jennifer L. Savitz

12. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable in accordance with FAR 15.404-1(b)(2)(v), Comparison of proposed prices with independent Government cost estimates. This requirement is exempt from the requirement for certified cost or pricing data, in accordance with FAR 15.403-1(a) regarding acquisitions at or below the simplified acquisition threshold.

David A. Kaplan Procuring Contracting Officer

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

Procuring Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of DIANA software using a firm fixed price contract with an estimated cost of $xxx,xxx.xx on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(C)(1) or 41 U.S.C. 253(C)(1) as implemented in Federal Acquisition Regulation 13.106-1(b)(1)(i), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Contracting Officer

Prepared by:

Kieran Jacobson Contract Specialist

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(Source Selection Information - See FAR 2.101 and 3.104-4)

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(Source Selection Information - See FAR 2.101 and 3.104-4) 2