e.Power_Sole_Source.pdf

U.S. Department of J u s t i c e Criminal Division 1400 New York Ave. N.W.

Washington, DC 20005

1. Identification of the agency and the contracting activity.

This justification was prepared by the Department of Justice (DOJ), Criminal Division (CRM), in accordance with the requirements of Federal Acquisition Regulation (FAR) to support the recommendation that other than full and open competitive procedures be used for the procurement action described below.

2. Nature and/or description of the action being approved.

The CRM Division intends to award a sole source order to Northrop Grumman located in McLean, V A for e.Power software technical support and help desk assistance. Award wil l be made in accordance with FAR 8.4 from NG's GSA schedule, GS-35F-0165Y.

NG's proprietary e.Power software is the current software platform being utilized by the Criminal Division for business process management. The specific support is essential to the Government's requirements, thereby precluding consideration of software support not authorized by Northrop Grumman in support of e.Power.

3. Description of the supplies or services required to meet the agency's needs (including estimated value).

Northrop proprietary ePower, Business Process Management software is the current software platform being utilized by the Criminal Division for business process management. The Criminal Division requires software support, to maintain, update, customize and train users on the proprietary software.

The total estimated value of this order with options is estimated at $252,954.33.

4. Statutory authority permitting other than and open competition.

41 U.S.C. 253(c)(1) as implemented in FAR Subsection 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

The Criminal Division has an ongoing e.Power software support requirement to maintain, update, customize, and train users on the proprietary software. Northrop Grumman is the only vendor provides services that meet the Criminal Division's requirements. Northrop Grumman has title and ownership of the e,Power software and documentation. Therefore, NG is the only authorized supplier of the software, annual maintenance, and technical support for e.Power software.

6. Efforts made to solicit offers from as many sources as practicable, including whether a notice was or will be publicized as required by F A R Subpart 5.2.

The Criminal Division will disseminate proposed contract action in accordance with FAR Subpart 5.1.

7. Determination that the anticipated cost be fair and reasonable.

Use of NG's GSA schedule and discounted GSA rates wil l be utilized. Historical data and published price lists wi l l also be utilized to determine price reasonableness.

8. Description of market research conducted and the results or a statement of the reason market research was not conducted.

A gsaadvantage.gov search verified that Northrop Grumman is the only vendor providing e.Power software and support.

9. Other facts supporting the use of other than full and open competition.

None identified.

10. List of sources, if any, that expressed an interest in the acquisition.

No sources have expressed, in writing, an interest in the acquisition.

11. Future actions, if any, that may be taken to remove/overcome barriers to competition.

This office regularly conducts market research before any procure request is submitted to ensure that competition is used to the maximum extent possible for all procurements.

12. Certifications, concurrence and approval.

Technical/Requirements Certification:

I certify that the document for which I am responsible is accurate and to my knowledge and belief.

Donovan Guthrie Criminal Division

Contracting Officer Certification:

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

Brandon Morrison Date Contracting Officer Criminal Division