22-0132_Asgard_SSJ_REDACTED_30Dec21.pdf

Form # USPTO-OP-026.v3.0 (01/2020) 1 Sole Source Justification

SOLE SOURCE JUSTIFICATION (SSJ)

SECTION I. COMPLETED BY THE PROGRAM OFFICE

Program Office: OCIO/ Office of Infrastructure Services Division

(OISD)

Program Office

POC:

Title of Procurement:

Maintenance of Asgard Emulator/sftp and Open/A Web software

Estimated Value (including options)

Base year:

Base plus four (4) option years:

Contracting Officer:

Kelly Gustafson

Contracting Officer Phone:

Acquisition Package Number:

ACQ-22-0132

1. Program Office Anticipated Type of SSJ (select from the drop-down box) Sole Source (Procurement of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only 1 source).

2. Description of the Action

Asgard Emulator/sftp and Open/A Web is used to facilitate staff and customer interactions with the The USPTO intends to award a noncompetitive, firm-fixed price (FFP) Purchase Order (PO) to renew maintenance on the Asgard Emulator/sftp and Open/A Web products. No licenses are being purchased, as the government already has perpetual licenses for these products.

Form # USPTO-OP-026.v3.0 (01/2020) 2

3. Description of the Supplies/Services

The TRAM (Trademark Reporting and Monitoring) system supports the Trademarks organization, and runs on a

Line Description Period of Performance Qty. Price

Start End 1 Asgard emulator/sftp maintenance 1/1/2022 12/31/2022 1 2 Asgard Open/A Web server maintenance 1/1/2022 12/31/2022 1

Base Year Total

3 Asgard emulator/sftp maintenance 1/1/2023 12/31/2023 1 4 Asgard Open/A Web server maintenance 1/2/2023 12/31/2023 1

Option Yea 1 Total

5 Asgard emulator/sftp maintenance 1/1/2024 12/31/2024 1 6 Asgard Open/A Web server maintenance 1/1/2024 12/31/2024 1

Option Year 2 Total

7 Asgard emulator/sftp maintenance 1/1/2025 12/31/2025 1 8 Asgard Open/A Web server maintenance 1/1/2025 12/31/2025 1

Option Year 3 Total

9 Asgard emulator/sftp maintenance 1/1/2026 12/31/2026 1 10 Asgard Open/A Web server maintenance 1/1/2026 12/31/2026 1

Option Year 4 Total

Grand Total

The period of performance shall be a base year plus four (4) option years as below:

Base year: 1/1/2022 – 12/31/2022 Option Year 1: 1/1/2023 – 12/31/2023 Option Year 2: 1/1/2024 – 12/31/2024 Option Year 3: 1/1/2025 – 12/31/2025

Option Year 4: 1/1/2026 – 12/31/2026

Form # USPTO-OP-026.v3.0 (01/2020) 3

The anticipated cost for this purchase is for the initial base year of 12 months starting on 1/1/2022 through 12/31/2022 and approximately for each of the additional four (4) Option Years thereafter totaling

4. Unique Vendor Qualifications or Nature of the Acquisition Only Asgard Software furnishes maintenance for these software products.

5. Other Facts Supporting the Justification Because Asgard Software is the only seller of the software maintenance for their product there were no options available to ensure other sources could be solicited

6. Listing of sources that expressed interest in writing None.

SECTION II. COLLABORATION BETWEEN THE PROGRAM OFFICE AND OP

7. Adjudicated Type of SSJ (select from the drop-down box) Sole Source (Procurement of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only 1 source).

8. Statutory Authority

This action is being executed for Sole Source used in accordance with the authority of FAR 6.302-1(b)(2). There’s a reasonable expectation that no other company can perform the work or provide the required supply.

9. Efforts to solicit as many potential sources as possible Because Asgard Software is the manufacturer and only seller of the software maintenance, there are no options available to ensure other sources could be solicited as not other company is licensed to maintain the software.

Form # USPTO-OP-026.v3.0 (01/2020) 4

10. Market Research Through market research it was determined that only Asgard Software could furnish maintenance for these products.

11. Actions to remove or overcome barriers to competition

The USPTO is currently 5 years into a project to migrate all applications from the server to open servers which would obviate the need for this software, which would not operate on the replacement servers.

SECTION III. COMPLETED BY OP

12. Determination by the Contracting Officer that estimated cost will be fair and reasonable

The Contracting Officer will finalize a price reasonableness determination, appropriate to the contract type, prior to contract award. Detailed documentation and justification of price reasonableness will be provided in the Acquisition Form Documentation (AFD) to be prepared upon completion of negotiations.

SECTION IV. REVIEW AND APPROVAL

1. Technical Certification

By signature below, the Technical Representative certifies that the supporting data necessary to form the basis for this justification is accurate and complete to the best of their knowledge and belief. Furthermore, the Technical Representative certifies that the justification has been adjudicated by the Program Office and OP.

2. Contracting Officer’s Certification

By signature below, the Contracting Officer certifies that this justification is accurate and complete to the best of their knowledge and belief.

SECTION V. ATTACHMENTS

N/A