REDACTED-Limiting_Competition_Under_SAT-WIN_EST_Licenses_Redacted.pdf

Control No:

Version – 1.1 February 2018

Limiting Competition elow the Simplified Acquisition Threshold

1. Contracting Activity:

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number _______________________________ Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract Name or #______________

Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: ________

Name of Proposed Contractor(s) and Address:

Brand Name Buy: Yes No

3. Description of Services or Supplies:

Mission Installation Contracting Command Fort Leavenworth, KS

WinEst Pro Plus License / Means Facilities Bundle, Heavy Construction & Landscape Cost Data

W91QF4-15-P-0068 / 14-P-0031 / 13-P-0010 WinEst INC

Trimble INC.

935 Stewart Drive Sunnyvale, CA 94085-3913

WinESt Software Pro/RS Means Software Licenses

Part Number: 2019 WinEst Software (RS Means) - Trimble is the sole manufacturer and distributor of WinEst Pro Plus cost estimating software which is a proprietary software application and it has an originally programmed interface that utilizes RS Means Cost database information.

4026GC - WinEst Pro PLUS - Floating Software License - Electronic Download

8933-AP-GC - Means Facilities Bundle - Electronic Download

82169-A-GC - Means Heavy Construction Cost Data w/ASSY - Electronic Download

82289-A-GC - Means Site Work & Landscape Cost Data w/ASSY - Electronic Download

Control

Period of Performance: ___________ to ___________ or (insert completion date) Total Value: $ ___________

4. Authority: Select the appropriate authority below:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a) (1) (i) (B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a) (1) (i) (A) Urgency FAR 8.405-6(a) (1) (i) (B) Only One Source is Capable FAR 8.405-6(a) (1) (i) (C) Logical Follow-on

Or

FAR 16.505(b) (2) (i) (B) Only One Awardee is Capable FAR 16.505(a) (4) Brand Name FAR 16.505(b) (2) (i) (A) Urgency FAR 16.505(b) (2) (i) (C) Logical Follow-on FAR 16.505(b) (2) (i) (D) Minimum Guarantee

5. Reasons for Authority Cited:

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at

5.202 ______________________.

WinEstimator is currently in use by the Fort Leavenworth

Directorate of Public Works (DPW) for a multitude of construction projects across Fort Leavenworth. Trimble is the sole provider of maintenance and support services for this licensed software program and is the only source of its updates and new licenses. The WinEstimator software has obtained a Certificate of Network (CON) Worthiness through the Army CIO G-6 periodically renewed and is current. Cybersecurity is critical to the success of the Army mission and as a result only the software passing scrutinized security reviews are authorized to be on the Army Network Internet Protocol Router (NIPR). To introduce new and/or alternating Estimating Softwares to include the training and implementation would be a substantial duplication and costly effort.

29 March 2019 31 Dec 2019 140,995.56 OY #1 - 01 Jan 2020 - 31 Dec 2020 / OY #2 01 Jan 2021 - 31 Dec 2021

Control No:

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b) (3) (iii) (A) FAR 8.405-6(b) (3) (iii) (B) FAR 8.405-6(b) (3) (iii) (C) FAR 16.505(a) (4) (iii(C)

7. Market Research:

8. Other Facts:

9. Technical/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.

Printed Name:

Date:

Title:

Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon

WinEst is an on-premise database-driven estimating solution that helps estimators in businesses across various industries to manage and integrate project estimates using cost-knowledge management. Key features include construction takeoff, estimating, audit trails and reporting. A report run on FPDS-NG indicates the Army and other Government agencies such as the State Department, National Institute of Health (NIH) and the National Aeronautics and Space Administration (NASA) have purchased WinEstimator Software at least since 2007 through 2018 in the amount of over $1.2 million in WinEstimator Software licenses.

Government customers have purchased WinEst software licenses from WinEstimator, Inc. in the past and as part of a corporate consolidation, Trimble Inc. to WinEstimator, Inc. effective October 4, 2015.

the above.

Control

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Printed Name:

Date:

Title:

Signature:

Robert M. Parvin 03/07/2019 Contracting Officer

Digitally signed by

PARVIN.ROBERT.MATTHEW.1149242429

Date: 2019.03.07 15:23:48 -06'00'