JA HYPACK Feb 2020_Signed.1pdf _Redacted.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(under $150K)

1. Contracting Agency: US Army Engineer District, Corps of Engineers, PO Box 59, Louisville, KY 40201-0059

2. Description of Action: This is to be procurement for a base plus four option years contract to HYPACK hydrographic surveying software yearly maintenance. The contract is for calendar year 2020 plus four option years software maintenance is per year.

3. Description of the Supplies/Service: The yearly software maintenance for HYPACK allows the Navigation Team access to software updates and 24/7 technical support online or by phone. HYPACK is used by the Navigation Team to perform hydrographic surveys supporting the dredge and charting programs. The maintenance agreement keeps the team software legal. Most surveys are preformed in remote areas and the 24/7 phone service is available as needed.

4. Authority Cited: 10 USC 2304 (c) (1) FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements. The software is an existing product in use. The software is proprietary and cannot be made by any other vendors.

5. Reason for Authority Cited: The yearly maintenance allows for software updates and technical support. The software maintenance plan pricing comes from standard off the shelf price list for all companies and Government agencies. The previous years were under See attached price list as distributed to all customers by HYPACK and Invoice.

6. Efforts to Obtain Competition: N/A – Purchase under HYPACK does not have resellers and any changes to existing survey software must be sole source to the vender creating the software.

7. Actions to Increase Competition: N/A

8. Market Research: Market research was not performed in view of the reasons cited above, and based on the efforts in paragraph 6, finding that HYPACK, Inc. is the only one responsible source and no other services will satisfy agency requirements.

9. Interested Sources: N/A, the required work has not been advertised because the cost is less than .

10. Other Facts: N/A

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Navigation and Dredging Team Leader

12. Requirements Certification: I hereby determine that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

FOR

____ __ ____ Date: _______ Chief Technical Support Branch

13. Fair and Reasonable Cost Determination/Contracting Officer Certification: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable based on comparison with existing contract prices and/or established catalog prices for similar items. I further certify that this justification is accurate and complete to the best of my knowledge and belief.

__________________________________ Date: _______________ Contracting Officer

14. I have reviewed this J&A and find the justification adequate to support other than full and open competition.

Date: ______________ Office of Counsel