Remedy - Sole Source Justification updated 6.28.24_Redacted.pdf

U.S. Department of Justice Criminal

Division

CRM Procurement Washington, DC 20530

Justification for Other than Full and Open Competition

Supplies and Services

Date: June 28, 2024

l. Estimated Contract Dollar Value: -

2. Name of Proposed Contractor:

New Tech Solutions 4179 Business Center DR Fremont, California 94538-6355, United States Vendor UEI Number:

XK11LLUL61A7

3. Identification of the requesting agency and the contracting activity.

The Department of Justice (DoJ) Criminal Division, ITM section seeks to contrnct for Remedy Cloud licenses. The contracting activity is the DOJ CRM Procurement. This justification is prepared by the Department of Justice (DOJ), Criminal Division (CRM), Procurement Division on behalf of our customer in accordance with the requirements of Federal Acquisition Regulation (FAR) Subpaii 6.3 to support the recommendation that other than full and open competitive procedures be used for the procurement action described below.

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

The action being approved is the modification of contract 15JCRM24F00000036 to update the license structure from on prem Remedy licenses to cloud service Remedy licenses.

5. Description of the supplies or services required to meet the agency's needs

(including the estimated value).

The CRM ITM section requires Remedy Softwai·e to suppo1i the infonnation technology of the entire criminal division. BMC Helix Remedy provides a platfo1m for incident & problem management, knowledge management, cloud service management, smaii repoliing, change management, release management, asset management, configuration management, Justification for Other than Full and Open Competition - Supplies and Services Page1

Justification for Other than Full and Open Competition – Supplies and Services Page 2 and service request and level management. The Criminal Division currently has the on prem version of the licenses, however, Remedy will be discontinuing the on prem version in March 2025 and will be switching to cloud-based licenses. Therefore, CRM needs to update license structures.

The contract period of performance will be a base plus four option periods:

Base Year: March 31, 2024 – March 30, 2025.

Option Year 1: March 31, 2025 – March 30, 2026.

Option Year 2: March 31, 2026 – March 30, 2027 Option Year 3: March 31, 2027 – March 30, 2028.

Option Year 4: March 31, 2028 – March 30, 2029.

The total estimated value of this action is

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

41 U.S.C. 253(c) (3) as implemented in FAR Subsection 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

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

Pursuant to FAR Subsection 6.302-1, full and open competition need not be provided for when only one responsible source will satisfy agency requirements. The Department requires software, which is peculiar to one manufacturer, BMC Software, Inc.in order to meet the demands of the mission and to maintain a highly mobile workforce in a dynamic work environment.

Starting on March 2025, Remedy will no longer support the on prem version of Remedy. It will only be supported in the cloud license structure. Due to this, CRM is required to switch its license structure to cloud to allow the starting of data migration process as soon as possible to ensure the division has support for the migration. Waiting until March 2025 to switch will cause a hardship to the division due to a lack of resources that will be available at that time. At the time of the original solicitation, the discontinuing of Remedy on prem licenses was unknown and the switch to cloud license was unforeseen. A cancellation of the current contract or a new solicitation will result in a financial loss to the government. It would be cost and time prohibitive to resolicit and cancel the current contract.

8. 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

Justification for Other than Full and Open Competition – Supplies and Services Page 3 exception under 5.202 applies.

In accordance with FAR 5.201(b) (1) (ii), a synopsis of this contract action will be posted.

9. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer will evaluate the price in accordance with the proposal analysis techniques for commercial items at 15.404-1 to ensure that the price is fair and reasonable.

10. Description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted.

CRM ITM has performed market research to determine what product best meets the agency’s requirement. After a full analysis, it is determined that there is only one responsible source for this service.

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

N/A

12. List of the sources, if any that expressed, in writing, an interest in the acquisition.

N/A

13. 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 Criminal Division will recompete this requirement once the life of the current contract is over. CRM will also continue to conduct market research in the future to determine if any new other brands meet the needs of the agency.

14. Certifications, concurrence, and approval.

Technical/Requirements Personnel Certification:

I certify that the information contained in this document for which I am responsible is accurate and complete to the best of my knowledge and belief.

Justification for Other than Full and Open Competition – Supplies and Services Page 4

Joshua Mauldin Assistant Director Information Technology Criminal Division

Date

Contracting Officer Certification:

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

Prepared By

Edler Bonilla Date Contracting Officer Criminal Division

6/28/2024

6/28/24