Justification_of_Limited_Source_-_MIR3_-_redacted.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 6.302-1

1. Identification of the agency and the contracting activity.

Contracting Activity:

Dwight Hill, Contracting Officer USDA, FSIS, Office of Administrative Services Procurement Management Branch 5601 Sunnyside Avenue, Maildrop 5230 Beltsville, MD 20705-5230

Requesting Activity:

*** redacted *** USDA, FSIS, Office of the Chief Information Officer 5601 Sunnyside Ave, Maildrop xx Beltsville, MD 20705-5230

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

This is a sole source procurement to OnSolve LLC for a MIR3 Critical Alerting and Incident Response software subscription plus the OnSolve Software Development Kit to continue their use within the USDA FSIS Incident Management System (FIMS) on a firm fixed price (FFP) basis.

3. A description of the supplies or services required to meet the agency’s needs (including estimated value).

The U.S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), is responsible for the inspection of meat, poultry and egg products to ensure that they are safe, wholesome, and properly labeled.

In order to meet it’s mission, USDA FSIS has developed the FSIS Incident Management System (FIMS) to manage, receive, track, report, and assist in managing significant food related incidents. Briefly, MIR3 software and the associated software development kit (SDK) are used within FIMS to alert and activate emergency personnel, and quickly conduct mass call downs.

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Justification of Limited Source or Other Than Full and

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.

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

MIR3 Critical Alerting and Incident Response software initiates messages and notifications within the USDA FSIS FIMS application to USDA Significant Incident Preparedness and Response Staff (SIPRS). MIR3 software is the intellectual property of OnSolve LLC. As such, OnSolve, LLC is the only source who can provide MIR3 software updates and support.

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

A market survey was conducted and access to the MIR3 application source code for development of software updates is limited to OnSolve, LLC.

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

The CO will ensure that the price paid by the Government is fair and reasonable.

8. Description of the market survey conducted.

A market survey was conducted by FSIS OCIO and the results are that MIR3 subscription services and support services are limited to OnSolve LLC. The CO also checked eBuy and was not able to find MIR3 software subscription and support services on GSA Schedule. The CO also checked SEWP and was not able to find MIR3 on any SEWP contracts. Finally, USDA FSIS received no responses to an RFI for the addition of MIR3 to existing SEWP contracts.

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

FSIS will conduct market research on an ongoing basis in order to provide information about any change in the terms of reseller agreements which currently preclude the sale of software maintenance from any organization other than OnSolve LLC.

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

None

Document Title

Justification of Limited Source or Other Than Full and

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.

FSIS will continue to validate that there is only one responsible source and conduct market research on an ongoing basis in order to provide information about any change in the terms of reseller agreements which currently preclude the sale of software maintenance from any organization other than OnSolve LLC.

12. CERTIFICATION

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

*** redacted *** Date

Dwight Hill Date Contracting Officer

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Justification of Limited Source or Other Than Full and

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STATUTORY AUTHORITIES

FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.302-1 – Only One Responsible Source and no Other Supplies or Services will Satisfy Agency Requirements Citation: 41 U.S.C. 253(c)(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 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

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Justification of Limited Source or Other Than Full and

Page of 6 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.

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.