Limited_Source_Justification.pdf

Document No.

PCMB 015b Document Title

Justification of Limited Source or Other Than Full and Open Competition

JUSTIFICATION OF LIMITED SOURCE

OR OTHER THAN FULL & OPEN COMPETITION

(FAR Sections 6.303)

1. Identification of the agency and the contracting activity.

Contracting Activity:

Thomas Nasvytis, Contracting Officer USDA, FSIS, Office of Administrative Services Procurement Management Branch 5601 Sunnyside Avenue Beltsville, MD 20705

Requesting Activity:

Daniel Pogosian

USDA/FSIS/OA/OCIO

Digital Solutions Development Branch

5601 Sunnyside Avenue Beltsville, MD 20705

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

In accordance with FAR 13.106-1(b), this is a single source (brand name specified) procurement of software license and annual maintenance for MapQuest Platform Enterprise Edition Service. The resultant purchase order will be firm fixed price.

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

(including estimated value).

USDA/FSIS requires a comprehensive, easy to use mapping tool with an application programming interface, and programmer, technical support to display and analyze geographical information from a variety of sources. The brand name procurement includes the acquisition of a software license and an annual maintenance and technical support and product upgrades to include the following:

• Full set of MapQuest APIs and Web Services, including geocoding API

• Up to 5,000,000 (5 million) transactions per year

Document Title

Justification of Limited Source or Other Than Full and

• Extended Rights Geocoding (ERG) - allows geocode results to be stored (US and Canada) or otherwise used without a map or shown on a map from an alternative provider.

• Annual Support and Maintenance Seamless updates to geocode data Unlimited, 24-hour access to MapQuest Technical Support Web site Unlimited Telephone and Email support during MapQuest Technical Support business hours Emergency after-hours support

The estimated value is $25,000.

4. Identification of the statutory authority permitting other than full and open competition.

In accordance with FAR Part 6.302-1, there is only one responsible source and no other supplies or services will satisfy agency requirements.

Authority: 41 U.S.C. 253 (c) (1).

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Brand Name Justification

MapQuest’s mapping tool licensing agreement allows for the use and reuse of MapQuest’s software and data at no additional costs with 3rd party tools. The license also allows storage of MapQuest’s data in FSIS databases; the vendor does not use or capture FSIS data. In addition, if FSIS decides to stop using the tool, FSIS can retain and continue using the data provided through MapQuest. No comparable mapping tool software products from another manufacturer can provide these required features to meet the Agency’s needs.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

Per FAR 5.203, a solicitation for the brand name product will be displayed in a public place and posted for a period as determined by the Contracting Officer (specifications for a commercial item). The notice will include a statement that all responsible sources may submit a response, which, if timely received, will be considered by the Agency.

Document Title

Justification of Limited Source or Other Than Full and

7. Determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

Prior to award of the proposed order, price information shall be obtained from the contractor and a price analysis will be conducted and documented to sufficiently determine that the cost to the government of the proposed acquisition will be fair and reasonable.

8. Description of the market survey conducted.

Market research yielded no other authorized resellers/business partners of the MapQuest Platform: Enterprise Edition Service.

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

There are no additional supporting facts.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No other vendors expressed an interest in this acquisition.

11. A 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.

The agency will take necessary steps to remove or overcome any barriers that led to restricted consideration and shall continue to conduct market research prior to fulfilling requirements for IT devices. The agency shall continue to justify, with proper approvals and procedures as required by regulation and policy, all actions that limit competition.

The agency shall continue to publicize such justifications to ensure public forum and to provide any unknown alternative source/alternative manufacturer with the opportunity to respond.

Document Title

Justification of Limited Source or Other Than Full and

12. CERTIFICATION

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

Program COR Date

5/7/2019 Contracting Officer Date

05/07/2019

Document Title

Justification of Limited Source or Other Than Full and

STATUTORY AUTHORITIES

FOR OTHER THAN FULL AND OPEN COMPETITION

March 25, 2005

FAR 6.302-1 – Only One Responsible Source and no Other Supplies or Services will Satisfy Agency Requirements

Citation: 41 U.S.C. 3304(a)(1).

When the supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements, full and open competition need not be sought.

Examples:

• Laboratory equipment to meet a specific objective that is produced by only one manufacturer may be procured without competition.

• The existence of patent rights, copyrights, or secret processes.

• An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. Such circumstances must be justified and approved (This does not apply to “brand-name or equal” descriptions).

• Contracts for supplies or services that result from acceptance of an unsolicited research proposal.

• Follow-on contracts may be deemed available from only one source when it is likely that award to any other source would result in substantial duplication of cost or unacceptable delays.

6.302-2 – Unusual and Compelling Urgency Citation: 41 U.S.C. 253(c)(2).

When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits proposals, full and open competition need not be sought. When using this authority, quotations or offers must be requested from as many potential sources as is practicable under the circumstances.

Example: Laboratory supplies necessary for an E. coli breakout may be procured from a known source with limited, or in some cases, no competition.

6.302-3 – Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services http://uscode.house.gov/

Document Title

Justification of Limited Source or Other Than Full and

Citation: 41 U.S.C. 253(c)(3).

Full and open competition need not be provided for when it is necessary to award the contract to a particular source in order to: 1) maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency; 2) to establish or maintain essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and develop0ment center; or 3) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

Example: Special inspection services for imported products after the Chernobyl nuclear disaster were contracted on a sole source basis.

6.302-4 - International Agreement Citation: 41 U.S.C. 253(c)(4).

Full and open competition need not be provided for when precluded by the terms of an international agreement or a treaty between the United States and a foreign government or international organization.

Example: Equipment in support of an inspection agreement at a foreign processing plant may be purchased from the plants usual supplier without further competition.

6.302-5 - Authorized or Required by Statute.

Citation: 41 U.S.C. 253(c)(5).

Full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. This includes the use of the 8(a) program, Federal Prisons, NIB/NISH, or GPO. Generally, a sole source justification is not required in these instances.

Example: Mailing services for the agency is provided by DC Association of Retarded Citizens, under a sole source award.

6.302-6 - National Security Citation: 41 U.S.C. 253(c)(6).

Full and open competition need not be provided for when the disclosure of the agency’s needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits proposals. This authority should not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

Document Title

Justification of Limited Source or Other Than Full and

6.302-7 – Public Interest Citation: 41 U.S.C. 253(c)(7)

Full and open competition need not be provided for when the agency head determines that it is not in the public interest in the particular acquisition concerned. This authority should not be used without consulting the Contracting Officer first as it does require Congressional notification.