FAR 13 LSJ_Redacted.pdf
PDF 170 KB Posted
- Attached to
- Annual License for CERS J650 Software
- Solicitation number
- 1162112
About this file
This document is a Limited Source/Brand Name Justification form from the United States Department of Agriculture (USDA) for a sole-source software license renewal. The procurement is for a Firm Fixed Price Purchase Order to renew the annual license fee for the CERS J6530 software, which includes maintenance, technical support, and product updates for the Cotton and Tobacco Programs National Database. The renewal period is from 1/15/2026 to 1/14/2027, with ComForte Inc. as the sole recommended source due to the proprietary nature of the software, which was custom-written by the company and for which they own the intellectual property.
The justification is based on FAR 13.106-1(b)(1), allowing the Contracting Officer to solicit from one source when only one source is reasonably available. The recommended vendor is ComForte Inc., located at 30 Wall St. in New York, NY, with a CAGE code of 49UTI. The document includes certification signatures from Tony Ocampo, Branch Chief of MRP-APHIS-LSIT-CT, and Cody Grey, Contracting Officer for USDA/APHIS/MRPBS, who affirm the accuracy of the information and the determination that competition is precluded for the reasons indicated.
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Text version
United States Department of Agriculture Limited Source/Brand Name Justification
FAR 13.106-1(b)(1) – Simplified Acquisitions
1. Identification of the agency and the contracting activity.
Agency Name
USDA, AMS, COTTON & TOBACCO PROGRAM
3275 APPLING ROAD, ROOM 8 (IT Division)
MEMPHIS, TN 38133
Contracting Activity
USDA/APHIS/MRPBS/AAMD
250 Marquette Plaza Ste 410 Minneapolis, Minn 55401
2. Description of supply or service required to meet the agency’s needs.
Firm Fixed Priced Purchase Order for Renewal of Annual License Fee for the CERS J6530 software which includes maintenance, technical support, and product updates. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and any transportation.
Renewal Period is one year: 1/15/2026 - 1/14/2027
3. The rationale or circumstances for limiting competition.
In accordance with FAR 13.106-1(b)(1)(i) and FAR 13.106-3(b)(3)(i). the Contracting Officer may solicit from one source only 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, etc.).
Customers of the Cotton and Tobacco Programs National Database use the J6530 program for web access to their cotton classification data. The J6530 application that their customers use was custom written by ComForte. No other vendor would be able to support it because it is a proprietary piece of software. According to Government Point of Contact for ComForte Inc - Jeff Skinner; “Comforte owns the intellectual property of this product” (per email dated 11/27/23).
4. A description of the market research conducted and the results or a statement of the reason market research was not conducted.
The C&T Program conducts market research on a continual and constant basis through engagement with industry and vendors in the commercial space. The proprietary nature of the software and services supported by this justification have resulted in an overall inability to obtain competition for this requirement to date. The Program office will maintain continual market research to ensure any new opportunities in the marketplace are explored.
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