100625WSP67 ArcSight Brand Name JA R.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

☒ Acquisition Management Directorate (AMD)

Requiring Activity Bureau of Intelligence & Research, Office of the Geographer and Global Issues (INR/GGI)

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The Justification and Approval (J&A) on a brand name only basis is for the purchase of ArcGIS Desktop maintenance for a period of one year. This requirement will allow INR/GGI to fulfill its cartographic and geospatial analysis requirements.

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The estimated firm firmed price value for the entire period of performance is .

Many offices in the Department of State as well as the Intelligence Community (IC) uses Open Text for their cartographic and geospatial analysis requirements. Using Open Text’s technical mapping software streamlines the cartographic production across all interagency partners and ensures no technical issues between agency applications.

Only this suggested source can furnish the requirements, because Open Text is the only firm with the unique capabilities to provide the required technical mapping software for geospatial analysis and cartographic production. Should another firm provide a product that provides the salient characteristics as Open Text’s product it will be evaluated and considered for future use.

The required list of maintenance items is provided in the table below:

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

This acquisition is conducted pursuant to 41 U.S.C. 4103 and 4106 as implemented by FAR 16.505(b)(2) and substantiated by the following:

FAR 16.505(a)(4)– Only one Brand is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or high specialized.

As this is a brand name only justification, no one contractor’s unique qualifications are cited as the basis for this justification.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY

CITED

INR/GGI will continue to monitor the marketplace for other sources offering comparable services and output data. Without Open Text’s primary and secondary maintenance, INR/GGI cannot perform its essential mission to provide support for DoD Freedom of Navigation activities and properly analyze maritime boundaries. There will be a work stoppage without this software, and no alternative workaround is available.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE, 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

As this is a brand name only justification, no one contractor’s unique qualifications are cited as the basis for this justification. Open Text is proprietary and can only be provided by Open Text or an authorized reseller of Open Text.

The Market Research Tool via SEWP V Portal was used to perform a preliminary search using the criteria of “Open Text” as the Provider. Then based on the initial results query, search this subset by needed “Part Numbers”. The SEWP Contract Holders able to resell Open Text, and the identified Part Numbers are displayed below:

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT IS FAIR AND REASONABLE

Vendors must quote prices at or below their NASA SEWP V established contract unit ceiling prices for each item. The SEWP contracts are FAR Part 12 Commercial Contracts, and additional price analysis was done in accordance with the following: The price design for SEWP is a proposed discount off the offeror’s commercial list price. Price analysis was conducted in accordance with FAR 15.305(a)(1), to ensure that a "fair and reasonable" price is paid by the Government.

Reasonableness of proposed prices was established in accordance with 15.403-1(c)(1)(i)(B) which provides that a price is based on adequate price competition if two or more responsible offerors, competing independently submit priced offers that satisfy the Government's expressed requirement and there is not any finding that the price of an otherwise successful offer is unreasonable. To verify price reasonableness, offerors were instructed to submit their published price catalog or published schedule of list prices in a form regularly maintained by the manufacturer or offerors, such as a catalog, price list, schedule, or other verifiable and established record. Additionally, each contractor proposed a discount off of product categories (such as input-output device) of IT equipment.

These discounts remain for the life of the contract. Therefore, when new technology is added or list prices change due to market fluctuations, the SEWP price remains fair and reasonable. There are several other price reasonability checkpoints in SEWP:

• When items are added or prices updated on a SEWP contract, prices are automatically compared to other SEWP contracts and must be within a reasonable price of all other contracts

• All SEWP Delivery Orders are subject to fair opportunity through competitive procedures through the SEWP RFQ Tool. This internal competition provides an incentive for Contract Holders to provide the best possible price in order to be selected for award.

Pursuant to FAR 16.202-2(a) the Contracting officer can establish fair and reasonable prices at the outset when there is adequate price competition.

By signing the justification, the Contracting Officer makes a determination that the price paid under this delivery order are fair and reasonable.

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

The initial market research was conducted through Open Text, to give INR/GGI an estimate for the desired products/services. The use of Open Text brand-name is essential to the Government’s requirements, thereby precluding consideration of the products of another company. It is anticipated that the final award will be to the entity providing the best competitive price among NASA SEWP V authorized resellers.

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

The use of Open Text’s ArcGIS brand name is critical to meet system compatibility requirements and to continue INR/GGI mission(s) in support of Freedom of Navigation activities.

The material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed. The current equipment in INR/GGI was developed by Open Text Inc., and the new item/service must coordinate, connect, or interface with the existing system installed in INR/GGI.

Open Text is the only firm with the unique capabilities to provide the required technical mapping software for geospatial analysis and cartographic production. Material or service must be compatible in all aspects (form, fit, and function) with existing systems presently installed in INR/GGI. ArcGIS is a family of client software, server software, and online geographic information system (GIS) services developed and maintained by Open

Text Inc. The software provides unique tools for the creation of map and spatial data used in GIS, including the ability of editing geodatabase files and data, multiuser geodatabase editing, versioning, raster data editing and vectorization, advanced vector data editing, managing coverages, coordinate geometry (COGO), and editing geometric networks.

Additionally, Open Text or its resellers are the only firms with the unique capabilities to provide the required technical mapping software for geospatial analysis and cartographic production. Because of the intellectual property and its proprietary nature, only Open Text or its resellers can provide training, installation, and product integration across different IC elements and different levels of classification.

SECTION 10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION

To date, no other sources have written to express an interest.

SECTION 11. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR

THE SUPPLIES OR SERVICES REQUIRED

INR/GGI has no additional input at this time.