A17_J_A_090723_Sole_Source_Justification_FAR_13_501(a)_for_CI_1.pdf

United States Department of the Interior

BUREAU OF INDIAN AFFAIRS

Southwest Regional Office 1001 Indian School Road NW

Albuquerque, New Mexico 87104

IN REPLY REFER TO:

108- Division of Acquisitions

SOLE SOURCE JUSTIFICATION

SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

AUTHORITY: FAR 13.501(a), 41 U.S.C. 1901

PR/SOL/CONTRACT # 0040601568 GIS Training J&A Control No: _________

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Sole Source Justification.”

Contracting Activity: This document is a justification for other than full and open competition for the Department of the Interior, Bureau of Indian Affairs (BIA), Southwest Region (SWR), Geographic Informational System Program.

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

Requirement:

New Follow-on Requirement Modification to existing order

Pricing:

Firm-Fixed Price Time & Materials Other _____________

List the name of the proposed contractor, or identify the vendor(s) considered if applicable:

Name of Proposed Contractor:

Environmental Systems Research Institute, Inc.(ESRI)

Street Address: 380 New York St City, State, Zip: Redlands, CA 92373-8100 Phone: 909-793-2853

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

Contractor shall provide 60 training pass credits that can be redeemed for the proposed training classes over a 3 month period for 15 students. Training is virtual.

23-0282

Estimated value $54,952.51

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

This is an acquisition conducted under the authority of the Simplified Procedures for Certain

Commercial Items. The statutory authority permitting sole source acquisition is 41U.S.C 1901 as implemented by FAR 13.501(a)(1)(ii).

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

The Department of Interior (DOI) has an Enterprise License Agreement ELA with ESRI for GIS software/programs. The BIA is an ELA participant along with other Bureaus within the DOI. Software applications such as ArcGIS Pro are installed on Government furnished equipment for employees who utilize Geographic Information Systems to fulfill their respective duties.

As a part of the ELA, training is a component coordinated and scheduled with the DOI Branch of Geospatial Support (BOGS) out of Lakewood, Colorado. Each BIA Region in coordination with the Regional Geospatial Coordinator (RGC) and BOGS is given a chance to determine which trainings are needed in each FY. The SWR RGC position was vacant for a nearly a year.

The SWR has had minimum trainings sessions for BIA employees. A SWR Cartographic Technician is now directed to assure all GIS training is up to date.

The main reason to obtain training for the SWR is to add more sessions related to the ArcGIS Pro environment and ArcGIS Enterprise/Portal environment. It provides s user to learn and enhance skills in hosting and maintaining feature layers in the enterprise/portal environments.

If the training is not provided to BIA employees, then the software would not be utilized to its fullest potential. The 15 BIA employees would not be able to fulfill their position responsibilities. Other BIA regions, such as the Rocky Mountain Region have obtained training from ESRI. No procurement history was requested from Rocky Mountain Region.

In summary the contractor has proprietary software which no other contractor can provide training for. There are no alternatives due to the DOI ELA with the contractor.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

A Sources Sought or Request for Information were not done, due to the commerciality of the service. The requirement does not meet any FAR 5.202 Exceptions. Offers will be solicited from as many potential sources, including authorized ESRI reseller or partnering with one, via a combined synopsis/solicitation for commercial items in accordance with FAR 12.603 and 13.5., and include the JOFOC without the dollar amount listed. The solicitation will not be set-aside. The solicitation will be advertised in sam.gov.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

I hereby determine the anticipated cost to the Government for this contract action will be fair and reasonable. The contracting officer determines the anticipated price(s) will be fair and reasonable based on other quotes being reviewed. If only one quote is received, then FAR 13.103(2) procedures will be conducted.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

No market research was done to search for alternatives to the GIS training. Due to the commerciality of the training only ESRI or authorized resellers will be able to provide the training based on the proprietary software. There are no known alternatives currently due to the cost of new software, training, invalidating current DOI ELA, and the risk of system malfunction.

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

None.

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

No sources have written to express an interest.

11. A statement of any 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.

There is no reason to remove the barrier to competition because at the highest level DOI has determined ESRI GIS software is what BIA will purchase and utilize.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

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

X Sonia L. Nelson, Contracting Officer

13. Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

X Byron Yepa, Regional Geospatial Coordinator

SONIA NELSON

Digitally signed by SONIA

NELSON

Date: 2023.08.31 22:40:15 -06'00'

BYRON YEPA

Digitally signed by BYRON

YEPA

Date: 2023.09.06 11:19:44 -06'00'