09__JOFOC_Part13_5_Commercial_Redacted_1.pdf

Justification for Other than Full and Open Competition Western Area Power Administration (WAPA)

FAR 13.5, Simplified Procedures for Certain Commercial Items

1. Identification of the agency and the contracting activity.

Department of Energy, WAPA, Headquarters, Lakewood, Colorado.

2. The nature and/or description of the action being approved.

This action is to support a single source procurement for additional security protocols to an existing software system that is a commercial product as defined in FAR 2.101(1)(i). The resultant award will be a firm-fixed-price order with a period of performance of one (1) calendar year.

3. A description of the supplies or services required to meet the agency’s needs.

The commercially available information technology items being acquired are security protocols to enhance security to the level of FedRAMP requirements. The items must be purchased separately due to them not being offered the software manufacturer’s GSA schedule at this time.

4. The statutory authority permitting other than full and open competition.

IAW format at FAR 6.303-2, modified to reflect that the procedures in FAR Subpart 13.5 IAW 41 U.S.C.1901 Simplified Acquisition Procedures and IAW 41 U.S.C. 3304 (a)(1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of the authority.

MCG Energy Solutions (MCG) is the only offeror for this product. MCG does not permit third parties to make changes to their system and they do not use a reseller business model. The additional security protocols for MCG software systems cannot be provided by any other source.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable.

The manufacturer of the system has stated that they will not allow third party vendors to place security protocols on their system. However, a Notice of Intent will be posted on SAM.gov Contract Opportunities website and responses will be reviewed to determine if any interested vendors could meet this need.

7. The anticipated dollar value of the proposed acquisition including all options, if applicable and a determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

8. A description of the Market Research (MR) conducted and the results or a statement of the reason MR was not conducted.

Market Research was conducted to confirm MCG is the sole provider of their proprietary software.

9. Other facts supporting the use of other than full and open competition, such as:

Discussions with MCG confirmed they are the only vendor capable of providing the security protocols to their proprietary software systems.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

MCG Energy Solutions, LLC (T5FETBQCPBT3)

11. A statement of actions the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

There are no actions the government can take to remove or overcome the barriers to competition for the subsequent acquisitions of the software support while the government uses the MCG software.

Certification

The information contained in this Justification for Other than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.