ATTACHMENT: Sole Source Justification
SUBJECT: Sole Source Justification for Air Force Form 9 No. F2XHD91167A001, Nuclear Theater Airpower Visualization (TAV) Upgrade
1. Description of commodities or services to be acquired:
a. Brief non-technical description of requirement(s): This justification is being issued to allow for the use of a sole source award of a firm-fixed price requirements contract to John Tiller Software, Inc. for the modification/upgrade of a multiplayer, collaborative Theater Airpower Visualization (TAV) simulation currently used by the Squadron Officer College. This upgrade will provide fundamental changes and software enhancements which will vastly improve students' ability to synthesize the information they are being required to learn.
b. Required delivery date or period of performance: 22 Sept 11 - 22 Sept 12
2. Facts justifying award to sole source:
a. Explain why no other contractor has or can obtain the capabilities to provide this product or service: The TAV simulation suite was purchased from John Tiller Software as a sole source requirement in 2004 through GSA order GS07T04BGM157 and was reacquired through contract number FA3300-08-P-0334 in September 2008, contract number FA3300-09-P-0095 in 2009 and through GSA contract 4QDP57080038 in 2010. John Tiller Software has maintained sole proprietary ownership over the source codes necessary for the TAV simulation throughout this time. Accordingly, John Tiller Software is the only firm capable of providing the services described in 1(a) above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition in fulfilling its requirements.
b. Explain the unique salient characteristics of this product or the unique capabilities of this service that make it critical to your mission: This software upgrade will provide autosaving and autoscoring options, enable scenarios to be password protected, simplify and improve maneuverability, and introduce elements that will deepen the required understanding by players, such as the human terrain feature, or fratricide. John Tiller Software has sole proprietary ownership over the source codes necessary for the TAV simulation upgrades required.
John Tiller Software has given the Squadron Officer College exclusive rights to use of the software at no additional cost to the government. There is no other software available that can meet this requirement without substantial duplication of cost and additional installation and training time which would jeopardize the accomplishment of the mission.
3. Statement of actions taken to preclude the necessity for future sole source acquisition of the same product or service: Prior to procuring future virtual simulations, Squadron Office College shall review approved AFNIC listing for all available products. Squadron Office College shall analyze the short-term vs. potential long-term costs of procuring source codes for future simulations. Additionally, any further action by John Tiller to protect their propriety and intellectual rights will be monitored as it directly affects the number and capabilities of potential competitors.
4. Regulatory authority permitting soliciting from a single source As implemented by FAR Part 13.106-1(b), "For purchases not exceeding the simplified acquisition threshold, 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)."