JOFOC_Orchard_FY19_signed_1.pdf

NATIONAL ACQUISITIONS SECTION

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."- U.S. Department of Justice, Federal Bureau of Prisons (Bureau), Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section.

2. Nature and/or description of the action being approved- This procurement is pursuant to the Federal Acquisitions Regulation (FAR) Section 13.501(a) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(a) justification approval policy, the Federal Bureau of Prisons (Bureau) has determined that there is only one responsible source and no other supplies/services will satisfy the agency requirements. The following is supporting documentation formatted in accordance with FAR Section 6.303-2, as required in FAR Section 13.501(a)(1)(ii).

3. A description of the supplies or services required to meet the agency's needs (including the estimated value)– The Bureau's Information, Policy and Public Affairs (IPPA) Division, Office of Information Technology (OIT) has a requirement for tier level III Orchard engineers to provide Copia and Harvest LIS support including: software upgrades, telephone support coverage, interactive technical support and training, access to the client only support on www.orchardsoft.com, and access to Orchard Software's online user group forum. The required annual maintenance provides critical ongoing timely support to ensure that the LIS software applications are functioning properly.

4.An identification of the statutory authority permitting other than full and open competition- Statutory authority permitting other than full and open competition is FAR 13.501(a)(1)(ii) under the authority of 41 U.S.C 1901. Orchard Harvest LIS and Copia Outreach and Integration System are proprietary to Orchard Software Corporation (Orchard).

5. A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited- Due to the exclusive nature of the Bureau's requirement, Orchard is the only responsible source that can satisfy the Agency's requirement. The required annual support provides critical ongoing technical support for the LIS systems.

Support for the proprietary Copia and Harvest LIS software applications must be provided by Orchard; therefore, the use of noncompetitive procedures is justified as the software is proprietary to Orchard Software Corporation.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable- In accordance with FAR 13.501 (a) (1) (iii), the justification will be publically available and posted on the Government Point of Entry webpage(www.fedbizopps.gov).

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable- The contracting officer (CO) will examine historical data, commercial catalog pricing, and previously paid prices of similar purchases of this type, as well as the Independent Government Estimate. Based on the information stated above, the Contracting Officer anticipates the price would be fair and reasonable.

8. A description of the market research conducted and the results or a statement of the reason market research was not conducted- Orchard provided a sole source letter to confirm that the software is proprietary to Orchard Software Corporation and no other vendor can supply the required support and upgrades to the software.

9. Any other facts supporting the use of other than full and open competition- N/A

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

Orchard Software 701 Congressional Boulevard Carmel, IN 46032

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 Bureau will continue to conduct market research and make efforts to obtain competition for future acquisitions.

12. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief- I hereby certify that this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief.

Laurence Faytaren Date Contracting Officer, National Acquisitions Section

Requirements/Technical Certification- I hereby certify that this supporting data under my cognizance which are included in this Justification for Other Than Full and Open Competition is accurate and complete to the best of my knowledge and belief.

Cynthia Funk Date Health Informatics Specialist, Health Servces Division

CYNTHIA FUNK

Digitally signed by CYNTHIA FUNK DN: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=CYNTHIA FUNK, 0.9.2342.19200300.100.1.1=15001002999822 Date: 2018.10.25 15:38:26 -05'00'

LAURENCE FAYTAREN

Digitally signed by LAURENCE FAYTAREN DN: c=US, o=U.S. Government, ou=Dept of Justice, ou=BOP, cn=LAURENCE FAYTAREN, 0.9.2342.19200300.100.1.1=15001003021067 Date: 2018.11.06 09:15:52 -05'00'