SOLICITATION NOTICE
D -- MAK Technologies simulation software licenses. - Justification and Approval (J&A)
- Notice Date
- 3/3/2010
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 511210
— Software Publishers
- Contracting Office
- Dugway Proving Ground DOC, Division of Contracting, Building 5330 Valdez Circle, Dugway, UT 84022-5000
- ZIP Code
- 84022-5000
- Solicitation Number
- W911S6-10-P-0026
- Archive Date
- 4/2/2010
- Point of Contact
- Paul E. Frailey, 435-831-2587
- E-Mail Address
-
Dugway Proving Ground DOC
(paul.frailey@us.army.mil)
- Small Business Set-Aside
- N/A
- Award Number
- W911S6-10-P-0026
- Award Date
- 2/18/2010
- Description
- W911S6-10-P-0026 J and A JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION FOR ACQUISITIONS NOT EXCEEDING $550K 1.Agency/Contracting Activity: Mission & Installation Contracting Command; Dugway Proving Ground Directorate of Contracting. 2.Description of Action: Nature: New Requirement Follow-on Requirement Mod to Purchase Order/Contract Number: [Double Click to Enter Order #] Pricing: Firm-Fixed Price Time & Materials Cost Type Funds: Operation & Maintenance RDT&E Other Funds: Name of Contractor / Vendor: Mak Technologies Street Address: 68 Moulton Street City, State, Zip Code: Cambridge, MA 02138 Phone: (617) 876-8085 3. Description of Services or Supplies: The contract is to purchase annual software licensing and support for the MAK Technologies software.. Licensing is for the MAK RT1, VR-Link, PVD Maintenance, Data Logger, VR-Vantage, FOM Agile Gateway, VR-Link TENA, VR Exchange and VR Forces Dev programs employed by the West Desert Text Center?s Test Technology Division. [e1]Estimated costs to bring all licenses current, prorate current year and extend to 1 FEB 2011 is $23,000. Software licenses/support and associated Quantities: MAK RT1 ? 23 Each (EA) VR-Link ? 6 EA PVD Maint ? 1 EA Data Logger ? 2 EA VR Vantage ? 1 EA FOM Agile Gateway ? 1 EA VR Link TENA RT ? 6 EA VR Exchange ? 1 EA VR Forces Dev ? 1 EA The requiring activity for this requirement is the West Desert Test Center?s Test Technology Division. 4.Authority: (Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following, but other exceptions may be used.) 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). FAR 13.501(a)(1)(ii): For actions for commercial supplies or services greater than the SAT but not exceeding $5.5M, the correct citation is: Test Program for Commercial Items, Section 4202 of the Clinger-Cohen Act of 1996 as codified at 10 USC Sec. 2304(g)(1)(B), and amended by Section 807 of the Ronald Reagan National Defense Authorization Act of 2005. [Note: this abbreviated justification form can only be used for actions not exceeding $550K. Justifications above that value must be prepared using the format at FAR 6.303-2.] Actions other than simplified acquisition procedures (select one): FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 USC 2304(c)(1). FAR 6.302-2: Unusual and compelling urgency, 10 USC 2304(c)(2). FAR 6.302-3: Industrial mobilization; engineering, developmental, or research capability; or expert services, 10 USC 2304(c)(3) or 41 USC 253(c)(3). FAR 6.302-5: Authorized by statute, 10 USC 2304(c)(5) or 41 USC 253(c)(5). FAR 6.302-6: National security, 10 USC 2304(c)(6) or 41 USC 253(c)(6). 5.Reasons for Authority Cited: (a) [For FAR 13.106-1(b)(1); FAR 13.501(a)(1)(ii), FAR 6.302-1 or FAR 6.302-2 cited above] Explain why the intended contractor is the only reasonable source who can provide the required supplies or services. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable. If appropriate, discuss how the sole source action will avoid duplication of costs that is not expected to be recovered through competition, or the unacceptable delays to the government. If unusual and compelling urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. MAK Technologies is the owner and developer for all of the proprietary software involved in this requirement.. No resellers exist. Dugway Proving Ground currently employs the software and associated licenses for MAK Technologies commercial off-the-shelf tools and toolkits for distributed simulation. With MAK software DPG links, simulates, and visualizes a virtual battlefield. MAK products fit into the DPG simulation infrastructure and development toolkits to provide a platform for further development. Competing this requirement and awarding to a company other than MAK Technologies would require the government to purchase a new software platform and the associated simulator equipment. The cost of the MAK software modules was $35,300. Maintenance and module development (includes licensing) costs are approximately $81,360. Investment to date is $106,660. Competing this requirement would involve not only the purchase of software systems and equipment but require training and development that has evolved for approximately 10 years. Costs incurred to date would not be recovered through competition. Attached to this J & A is a letter from MAK Technologies stating that there are no providers of MAK Technologies products other than MAK Technologies North America distribution entity. [e2] (b) [For FAR 13.106-1(b)(1); FAR 13.501(a)(1)(ii), FAR 6.302-1 or FAR 6.302-2 cited above] Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor. (c) [Only for FAR 6.302-3 cited above]. Award the contract to a particular source or sources in order to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center. How will the requirement establish or maintain an essential capability for theoretical analyses, exploratory studies, or experiments in any field of science or technology; or how will the requirement establish or maintain an essential capability for engineering or developmental work calling for the practical application of investigative findings and theories of a scientific or technical nature? (d) [Only for FAR 6.302-5 cited above]. Acquisition will be made from one of the following specified source (1) Federal Prison Industries (UNICOR)?18 U.S.C. 4124; sole source awards under the HUBZone Act of 1997?15 U.S.C. 657a (see 19.1306); or sole source awards under the Veterans Benefits Act of 2003 (15 U.S.C. 657f). (e) [Only for FAR 6.302-6 cited above]. When disclosure of the Government?s needs would compromise the national security (e.g., would violate security requirements); it shall not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract. What security requirements would be violated as a result of this acquisition not being competed? NOTE: Use of this authority requires a signed memorandum by the West Desert Test Center Command or Garrison Manager. 6. Actions to Increase Competition: Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. State what actions will be taken to increase competition before subsequent acquisition of the supplies or services is required. Market research has been conducted for other providers of the same licenses. Web based searches and GSA Advantage yielded no sources other than MAK Technologies. MAK technologies was contacted and asked if they supported resellers, the response was no (see attached memo). The requiring activity is anticipating an Army developed product that will be a ?Government Off The Shelf? (GOTS) product. At some point in the future, this developmental product has the potential to replace the privately offered product. The Test Technology division will monitor the progress of this developmental system and request a demonstration at that time. Other companies offer military type simulation programs. Companies researched were CAE/Pregasis and C4i MILSIM. These are commercial off the shelf products that provide military type simulation. These products will be reviewed along w/ the government GOTS product that is forthcoming. When the GOTS product is available will be the most opportune time to compete and review products. 7. Market Research: Describe the extent of the market research conducted to identify all qualified sources and the results thereof.
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