J A_Law_Manager_10-6-2016_Posting.pdf

Justification for Other Than Full and Open Competition Under 10 U.S.C. 2304 (c)(1)

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. This justification and approval for other than full and open competition is prepared by the Office of Acquisitions (Commandant (CG-9122)), U.S. Coast Guard Headquarters, 2703 Martin Luther King, Jr. Ave SE, Washington, D.C. 20593-0001.

2. Nature and/or description of action being approved. This document seeks the authority and approval to negotiate and award a contract to Mitratech located at 460 Norristown Road, 3rd floor, Blue Bell, PA 19422. This contract is to acquire Maintenance for the Law Manager Software, report writing tool and custom support services for the Law Manager application. Problem resolution and support must be available during normal business hours. Problem resolution and support consists of the following: modification to the Coast Guard’s configuration of the Law Manager application, additional functionality needed to solve reporting requirements, fixing bugs and/or assistance with deploying new releases of the application. Support assistance includes:

making minor configuration changes, such as adding and/or removing fields, re-labeling existing fields, or enhancing functionality as the application evolves. Purchasing support from another vendor would not be cost effective since Mitratech is the sole developer of this application; making them the best choice for providing this customized service. This document seeks the authority to negotiate only with Mitratech pursuant to Federal Acquisition Regulation (FAR) 6.302-1.“Only one responsible source and no other supplies or services will satisfy the agency’s requirements.”

3. Description of Supplies/Services. The Coast Guard seeks to obtain the Law Manager Maintenance for the report writing tool with custom support services to support the Law Manager application.

The Coast Guard will also seek optional configuration support services via this contract for Coast Guard specific enhancements. Most services are to be performed at the vendor’s site. The Coast Guard requires the services for one (1) base year with four (4) additional option years (Approximately September 30, 2016 through September 29, 2021. The Coast Guard anticipates awarding a firm fixed-price contract. The estimated firm-fixed price for the base-year and four (4) option years is $631,665.90.

Base Year 9/30/2016 to 9/29/2017 $ 121,792.21 Option Year I 9/30/2017 to 9/29/2018 $ 123,995.60 Option Year II 9/30/2018 to 9/29/2019 $ 126,265.08 Option Year III 9/30/2019 to 9/29/2020 $ 128,602.66 Option Year IV 9/30/2020 to 9/29/2021 $ 131,010.36

4. Identification of the justification and the rationale. The statutory authority permitting other than full and open competition is 10 U.S.C 2304(c)(1) or 41 U.S.C. 253(c)(1). Only one responsible source and no other supplies or services will satisfy agency requirements as implemented by FAR Subpart 6.302-1(a)(2)(iii).

5. Demonstration that the Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited. The required supplies and services are only available to the Government from the original/integrator/manufacturer, which is Mitratech. Other unique qualifications are as follows:

a) Mitratech is the original equipment manufacturer (OEM) for Law Manager. Law Manager is currently utilized at all Coast Guard Legal offices.

b) Mitratech has access to the software engineers who created Law Manager who can fix any bugs found in the system and help to configure Law Manager so it integrates smoothly to the Coast Guard’s standard image.

c) Mitratech personnel have access to source code for current and future releases of the Law

Manager application.

d) Mitratech personnel have access to internal Law Manager technical documentation.

e) Mitratech personnel receive unique, proprietary internal training and briefings from Law Manager Product development team on current and future technologies.

In 1999, the Coast Guard abandoned the effort to convert all Mission Critical Applications from the proprietary convergent technologies operating system (CTOS) to applications that could run on the Windows platform. At the time, the Coast Guard legal offices were running an advanced system database (ADS) that was incapable of being ported over to the new Operating System (OS). As a result, the legal office was instructed to find a (COTS) product that was web based to meet their case management requirements. The Legal office researched the available products and decided upon Law Manager. Beginning in 2001, Law Manager was deployed to two beta test legal offices. After successful testing, the application was deployed to all Coast Guard legal offices. On-site training has been conducted at all offices by the legal IT staff at least twice at considerable expense.

6. Efforts to Obtain Competition. Mitratech does not re-license its maintenance agreements for upgrades to the Law Manager application. The Coast Guard initiated the following to seek other interested sources.

• The Coast Guard Office of Acquisitions posted a Request for Information (RFI) HSCG23-16-I-

ABC000 on GSA on July 6, 2016 to approximately 767 vendors on the following GSA Schedules: GSA Schedule 70 “General Purpose Commercial Information Technology Equipment, Software and Services”, Categories, 132-33 Perpetual Software License; 132-34 Maintenance of Software as a Service, and 132-51 Information Technology Professional Services. The RFI closed on July 14, 2016. The Coast Guard Office of Acquisitions received no capability responses in response to the RFI. Mitratech submitted a response stating that Law Manager maintenance and professional services will no longer be sold on GSA Schedule 70 after August 5, 2016.

• On August 2, 2016, the Coast Guard Office of Acquisitions posted a Special Notice of Intent to

Sole Source, #2116236GLA432 to FBO.gov. The noticed instructed interested vendors to submit capability statements. The notice closed on August 12, 2016, no vendor capability statements were received.

7. Determination of a fair and reasonable price. The Coast Guard will perform a price analysis on the contractor’s proposal to ensure prices are fair and reasonable. An analysis of labor rates will be performed with rates gathered from the Department of Labor, as well as other government and commercial sources for the technical support for the same or similar services. The use of the Internet to contact both government and commercial sources will be a major tool for the analysis. The Coast Guard will attempt to negotiate for the same price or better than what Mitratech provides to the commercial marketplace.

8. Description of market research conducted. In 2005 the Coast Guard conducted a market survey of vendors that provide similar services. Through the market survey, it was discovered that no companies within the U. S. could provide maintenance or other custom support services required for Law Manager. Based on our efforts, the Coast Guard found no other known vendor that own’s Mitratech’s source code. Neither the Coast Guard nor any other vendor own data or rights to Law Manager’s source code or Mitratech’s internal documentation for proprietary, unique or specialized support and resources needed to perform life cycle prototyping, engineering, and integration tasks regarding past, present, and future versions of Law Manager. The exact cost to obtain these proprietary assets is undetermined and not available for purchase by the USCG.

9. Other facts supporting the use of Other Than Full and Open Competition. The Coast Guard is presently using Law Manager at all Coast Guard legal offices. This case management software is critical to the daily operations of the Coast Guard legal offices. The software is critical for many reasons. Before a lawyer can see a client, they must ensure that there are no conflicts between that client and any personnel in the legal office. The legal offices are also tasked with producing an accurate accounting of their current and past workload for accurate resource allocation. As the Coast Guards use of the case management software grows, shortcomings are found and enhancements are needed.

10. List of Other Interested Sources. NONE

11. Future Plans To Permit Competition. Should the Coast Guard Legal program decide to replace the Law Manager Application due to new technologies, the Coast Guard will conduct market research to determine if other vendors are capable and interested in offering their application.

12. Contracting Officer’s Certification:

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer*

Date

13. Technical/Requirements Personnel Certification:

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative/COR Date

14. Legal Review Concurrence:

I have reviewed this justification and deemed it legally sufficient.

Attorney Date

APPROVAL:

Contracting Officer: Not exceeding $650K** Date