Brand_Name_Jusitifaction_(Redacted)_Redacted_1.pdf

SOLICITATION # 140D0426Q0779

3 PROD19392 ServiceNow® Integration Hub Starter v3 - Transactions (Priced Monthly 1 Year Term) 1

PROD00070

ServiceNow Additional Non-Production Instance-Government Data Center (Priced Monthly 1 Year Term)

PROD18818

ServiceNow® FedRAMP Premium -Production/ Non-Production Instances – GCC Internet POD (IL-

2) (Priced Monthly 1 Year Term)

6 PROD22417 Integration Hub Starter v4 - Transactions (Monthly) 1

7 PROD12492 ServiceNow Agile Team - Module (Monthly) 2

8 PROD19392 ServiceNow Integration Hub Starter v3- Transactions (Priced Monthly 1 Year Term) 1

9 42528567-1 UXstorm PDF Bundle-Bundle of UXstorm LocalScript and UXstorm PDF. Subscription is per Production Instance (non-MSP)-price per year Annual Pricing

UXS-PDF_LS

The period of performance is for a total of 12 months, which consists of one (1) 12-month base period. The total estimated value is .

4. Identification of the exception to fair opportunity (see FAR 16.505(a)(4)(i)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

FAR 16.505(a)(4)(i) – The contracting officer must justify restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer).

This requirement is for the continued annual license support and maintenance of the ePermits system. The ePermits system has been fully operational since 2021 and is entirely dependent on the ServiceNow platform and integrated UXStorm PDF Application features. The government has invested an estimated on ePermits. The use of an alternate solution(s) would require system redesign, reauthorization under FedRAMP, loss of functionality, extensive testing, and additional training, resulting in significant cost, schedule delays, technical performance, and risk to continuity of operations. Furthermore, the system configuration, metadata, and workflows are built around ServiceNow-specific implementations, and UXStorm PDF Application integration for ServiceNow has been federally approved and customized to meet USFWS’s operational and security requirements. Maintaining system compatibility and FedRAMP Moderate compliance requires continued use of these specific brand name solutions.

In addition, the ePermits system includes numerous customizations, configurations, and

SOLICITATION # 140D0426Q0779

workflow automations that are specifically designed to align with USFWS’s management processes. These customizations are tightly integrated into the ServiceNow and UXStorm implementations and were developed over several years to meet unique federal operational, reporting, and compliance needs. Transitioning to another platform would not only result in loss of these tailored capabilities but would also require the USFWS to re-enter the full discovery, design, testing, and implementation lifecycle. This would represent significant resource expenditure, increase the risk of implementation failure, and lead to prolonged service disruption. The ServiceNow and UXStorm brand name licensing and support are items peculiar to these vendors. These products are essential to the Government's requirements and market research indicates other companies' similar products do not meet, or cannot be modified to meet, the agency's needs without significant interruption, delay and additional cost. It is expected that this action will be solicited under NASA SEWP Groups B, C, and as a Total Small Business Set- Aside. The justification for an exception to fair opportunity being considered is to limit the software subscriptions and maintenance on a brand name basis.

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

Although this requirement is brand name specific to ServiceNow and UXstorm, market research found that there are numerous vendors that are ServiceNow and UXstorm authorized resellers, capable of providing the required subscriptions. This requirement will be competed amongst vendors within Group B, C, & D of NASA SEWP V GWAC and the award will be made against the successful quoter’s NASA SEWP V contract with firm-fixed prices. NASA SEWP has already determined that the prices of all items under SEWP are fair and reasonable at the contract level.

Price reasonableness was determined in accordance with FAR 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 are not any finding that the price of an otherwise successful offer is unreasonable. NASA SEWP obtained discounted item pricing for each offeror’s verifiable and/or published commercial list price.

The AQD Contracting Officer (CO) will seek further price discounts from vendors and make a separate determination as to the reasonableness of the awarded price. Adequate price competition is expected and, if achieved, the CO will determine pricing to be fair and reasonable based on adequate price competition.

6. Any other facts supporting the justification.

This procurement specifically requests a 12-month base period for continuation of existing ServiceNow licenses to ensure uninterrupted operation of the ePermits platform. The current expiring task order 140D0426F0015 licensing agreement was under NASA SEWP V, which continued the initial framework for FWS ServiceNow and UXStorm utilization.