2025 TECSYS Single Source Justification.pdf

An Equal Opportunity Provider and Employer

December 10, 2024

MEMORANDUM FOR: Information Technology/Specialized Contracting Branch

SUBJECT: Justification for other than Full and Open Competition

1. Request the IT/Specialized Contracting Branch purchase items listed on NCAH Requisition # TBD as a non-competitive requirement.

2. Description of Supplies/Services: This solicitation is for Maintenance- Support-Integration of the existing proprietary Elite Series software acquired and implemented as Commercial-off-the-shelf (COTS) software under APHIS Contract AG-32KW-P-11-0215. The trade name of Elite Series software is the copyrighted proprietary intellectual property of TECSYS, Inc.

3. Market Research: Because this is copyrighted software, that is the intellectual property of TECSYS, Inc., and because this is a follow-on to an existing contract, the scope of market research was constrained to TECSYS, Inc. Conducting market research with other vendors would result in the disclosure of proprietary information.

4. Reason for Authority Cited: The source of authority permitting this purchase is 10 U.S.C. 2304

(a) Authority.

(1) Citations: 10 U.S.C. 2304(c)(1) or 41 U.S.C. 253(c)(1).

(2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof when it is likely that award to any other source would result in --

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

(b) Application. This authority shall be used, if appropriate, in preference to the authority in 6.302-7; it shall not be used when any of the other circumstances is applicable. Use of this authority may be appropriate in situations such as the following (these examples are not intended to be all-inclusive and do not constitute authority in and of themselves):

United States Department of Agriculture

Animal and Plant Health Inspection Service

Marketing and Regulatory Business Services

MRP Information Technology Services

TECSYS Sole Source

An Equal Opportunity Provider and Employer

(2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source (however, the mere existence of such rights or circumstances does not in and of itself justify the use of these authorities) (see Part 27).

(c) (1) as stated in Federal Acquisition Regulation (FAR) 6.302-1 (a), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

Justification - USDA-APHIS-Veterinary Services has invested a substantial commitment in resources and dollars to the acquisition acquired and implemented under APHIS Contracts AG-32KW-K-11-0215, AG-32KW-P-13-0147 and AG-32KW-P-16-0078 which currently provides value to animal health officials across every State in the U.S, two territories and one Tribal Nation.

There is a substantive business need for the continued Maintenance-Support of the proprietary Elite Series software. The software provides comprehensive and integrated warehouse and requisition management. APHIS provides services around the globe to customers, stakeholders, and partners who are on the go, many of whom conduct their work far away from the confines of an office environment. Due to the proprietary nature of the software, the work can only be performed by the original vendor. It will be a follow-on contract for the continued support of a production system as per:

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system.

And

(2) The existence of limited rights in data, patent rights, copyrights,

5. I certify that the above information is accurate and complete to the best of my knowledge and belief.

Byersdorfer, Adam NCAH IT Specialist APHIS Marketing and Regulatory Programs Business Services (MRPBS) MRP Information Technology (MRP IT) Services