W912HV25B0003 JA_Primavera_Redacted.pdf

CEPOJ-CTO December 2, 2024

LIMITED SOURCES JUSTIFICATION

SUBJECT: Justification for other than full and open competition – Brand Name Requirement – Primavera P6 Scheduling Software.

1. Contracting Activity. U.S. Army Corps of Engineers (USACE), Japan District (JED), Okinawa Area Office (OAO) Contracting (CEPOJ-CTO).

2. Nature and/or description of action being processed. Use of Primavera scheduling software as a

“brand name” or “brand name or equal” requirement in the solicitation W912HV25B0003 to Replace American Forces Network (AFN) Radio Transmission Tower, Camp Kinser, Okinawa, Japan.

Primavera is a commercial scheduling software developed by Oracle that competes with many other scheduling software in the open marketplace.

3. Description of Supplies/Services required to meet agency needs. Brand name requirement for

Primavera P6 scheduling software. Technical Specifications Section 01 32 01.00 10, Project Schedule, paragraph 2.1, Software, describes the necessary product as, “The scheduling software utilized to produce and update the schedules required herein must be capable of meeting all requirements of this specification.” USACE construction contract technical specifications advise contractors in Section 01 32 01.00 10, Project Schedule, paragraph 2.1.1, the Government intends to use Primavera P6, as the default scheduling software (Attachment 1). Section 01 32 01.00 10, Project Schedule, paragraph 2.1.2 also requires contractors to utilize Primavera P6 or an alternative scheduling software. Section 01 32 01.00 10, Project Schedule, paragraphs 3.3.7 and 3.12 also have requirements specific to use of Primavera P6.

The costs of Primavera P6 software license for one contractor is approximately the following. The costs are based off the cost to procure Primavera P6 in the United States.

Primavera P6 Professional Perpetual License (Attachment 2).

a. One-time purchase: $3,520.00.

b. Annual Maintenance Fee: $1,100.00 ($550.00 x 2 years).

c. Total: $4,620.00

The estimated total value of the brand name requirement is approximately $4,620.

4. Statutory authority permitting other than full and open competition. 10 USC 3204(a)(1), Only

One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. See also FAR 6.302-1 and DFARS 206.302-1.

5. Demonstration that the contractor’s unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority). Primavera scheduling software is utilized throughout the US Army Corps of Engineers enterprise. Scheduling software are technical in nature and do not naturally comport and transfer data files in an efficient and effective manner between different proprietary software. Technical Specifications Section 01 32 01.00 10, Project Schedule, 2.1.2, requires the contractor to utilize Primavera P6 or an alternative software that is compliant with specification. If the contractor chooses to use an alternative software, the specification

CEPOJ-CTO

SUBJECT: Name Brand – Primavera P6 Scheduling Software J&A.

requirement in paragraph 2.1.2.2 directs the contractor to provide two licenses, two computers, and training for two Government employees. Use of the alternative would incur additional costs (training, multiple computers, and licenses to the government) to contractors that use of Primavera would not entail. This is ultimately because USACE personnel are largely trained on the use of Primavera P6 throughout the enterprise. The use of alternative scheduling software by contractors would result in substantial duplication of costs to the Government that is not expected to be recovered through competition. As such, it is justified to require the use of Primavera scheduling software as a brand name requirement and, if the contractor chooses to use an alternative, mandate the contractor to help mitigate the substantial duplication of costs by having the Government utilize more than one scheduling software that most of its personnel are not trained to utilize.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable. Contractors may be queried specifically about the impact to them of Primavera scheduling software required in USACE construction technical specifications in future pre-solicitation activities, such as market research surveys or questionnaires. Contractors are given the option to utilize an alternative software but would be required to help mitigate the duplicative costs imposed on the Government. Per FAR 6.302-1(c)(ii)(C) and 5.102(a)(6), this justification will be posted with the solicitation.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable. Scheduling software are commercial products in an open marketplace. The anticipated cost of the Primavera scheduling software identified in Section 01 32 10.00 10, Project Schedule, appears to be fair and reasonable (Attachment 2).

8. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted. Sources Sought Notice (SSN) W912HV24Z0015 Market Research to determine the interest and capability of local construction firms was published on the Government Point of Entry from 10 May 2024 to 14 June 2024 for local contractors registered for business in Japan. The SSN included a Market Survey questionnaire, which covered topics from Contractor company capability, experience, qualifications performing similar work presented in draft specifications and draft drawings, interest level in the project, bonding capacity. The SSN included draft specifications and drawings for industry to review and to provide comments. Contractors can be queried about the impact of Primavera scheduling software required by the Government in future market research efforts.

9. Any other facts supporting the use of Other Than Full and Open Competition. Salient characteristics suitable for full and open competition is not developed or readily available. Proprietary software that the US Army Corps of Engineers already utilizes throughout the enterprise is a fixed consideration. Though scheduling software are commercial products, it is not the case that every scheduling software creates data and creates files that are easily portable to other scheduling software.

Generally, license of any proprietary scheduling software would be required to access and utilize files made for that proprietary software. As such, the characteristics of scheduling software are unique in that, other proprietary software would not automatically comport data files in a manner that Primavera P6 would readily be able to access and utilize the files created by the contractor for scheduling purposes. So other than requiring Primavera as a “brand name” or “brand name or equal” requirement, it is difficult to draw salient characteristics that would ensure contractors utilize a scheduling software to create data files that could be ported to Primavera P6.

10. List of any sources that expressed, in writing, an interest in the acquisition. Four companies expressed interest in this acquisition by responding in writing to the SSN.

Name: American Engineering Corporation Address: 7-8-13 Oyama, Ginowan City, Okinawa, Japan 901-2223

UEI: M336EV5K3YZ3

Name: Houyu Construction Company Address: 2-12-20 Nakajyujou Kita-ku Tokyo, Japan

UEI: D68NB1BR9H55

Name: Kokuba-Gumi Co., Ltd.

Address: 3-21-1 Kumoji, Naha, Okinawa 900-8505 Japan

UEI: MURLL3YZQ1K4

Name: EXEO Group, Inc.

Address: 1-5-1 Goya, Okinawa City, Okinawa Japan

UEI: GDVAMN37HEG5

Name: TECH Works Okinawa Co., Ltd.

Address: 625-12 Kuwae, Chatan Cho, Okinawa:

UEI: U1WLXYPNNUDS

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required. To remove any actual or apparent barrier to competition, obtain from Senior Contracting Official (SCO) a class Justification & Approval for future use of Primavera P6 brand name/brand name or equal requirement specified in Section 01 32 01.00 10. Use of alternative products would incur additional costs (training, multiple computers, and licenses to the government) to contractors and would incur additional costs to the government with additional manpower and training required to utilize additional scheduling software that ultimately are substantially duplicative in nature to Primavera.

Additionally, a request could be made to USACE Headquarters to review the Unified Facility Guide Specifications (UFGS) 01 32 01.00 to delete the Primavera brand name requirement and ask them to reduce the scheduling software requirement to salient characteristics that would be acceptable to the enterprise.

12. Technical Certification:

I certify that the supporting data under my cognizance which are included in the determination are accurate and complete to the best of my knowledge and belief.

Name: Dugald M. Tonn

Title: Project Manager, PMP, CEPOJ-PPA-S

Signature:

Digitally signed by

TONN.DUGALD.MAKOT

O.1144425932 Date: 2024.12.02 12:57:53 +09'00'

13. Requirement Cost Certification:

I certify that the supporting data under my cognizance which are included in the determination are accurate and complete to the best of my knowledge and belief.

Name: Tracy Ng

Title: Chief, Cost Engineering Section

Signature:

14. Best Value and Fair and Reasonable Cost Determination:

Based on the information provided herein regarding the specific usage for this product, this order represents the best value to the Government.

Name: Jack Letscher

Title: Contracting Officer

15. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: Jack Letscher

Title: Contracting Officer

NG.TRACY.

1535070519

Digitally signed by

NG.TRACY.1535070519

Date: 2024.12.04 07:59:49 +09'00'

LETSCHER.JA

CK.T.1220818

Digitally signed by

LETSCHER.JACK.T.1220

818132 Date: 2024.12.04 16:15:43 +09'00'

LETSCHER.JAC

K.T.1220818132

Digitally signed by

LETSCHER.JACK.T.1220818

Date: 2024.12.04 16:15:52 +09'00'