SSJ_CSI_VSUM_(ADC_APPROVAL)_Redacted.pdf

Contemplated Contract Type:

_X_ Firm-fixed-price ____ Time and materials/labor hour ____ Combination

We seek approval of a SSJ to obtain the following:

_X _ Expansion of mainframe software licensing required for compliance with our license agreement, due to agency mainframe hardware capacity increases.

Since commercial mainframe software companies commonly license software based on the capacity of the mainframe hardware on which we install software, we are responsible for expanding our mainframe software licenses commensurate to the hardware capacity each time we upgrade mainframe hardware.

_X_ Maintenance of CSI VSUM software manufactured by CSI.

We will solicit a proposal and award a single firm-fixed-price award to any authorized reseller of CSI for the base year and four one-year option periods.

3. DESCRIPTION OF SUPPLIES/SERVICES AND ESTIMATED VALUE

Estimated Value:

CSI VSUM software provides the agency's technical staff with a simple and effective method for designing all types of Virtual Storage Access Method (VSAM) data sets.

VSUM provides technical staff with data set recommendations for tuning and designing the data sets analyzed. It provides for data set space utilization analysis and backup.

Creating a license that allows for software use up to 25,000 MSUs allows the agency to avoid mainframe upgrades and allows for future savings against current pricing.

The maintenance subscription for CSI software includes updates, fixes and patches, as well as online and telephone technical support, allowing the software to remain operational in a changing environment.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

41 U.S.C. § 1901, as implemented by the Federal Acquisition Regulation (FAR) 13.5— “Simplified Procedures for Certain Commercial Items”.

The acquisition is “commercial” in nature, as defined at FAR Section 2.101, and will be solicited using FAR Part 12, as well as the procedures outlined at FAR 13.

The basis for restricting competition is that a reasonable basis exists for concluding that the agency’s minimum needs can only be satisfied by:

____ (1) Unique supplies or services available from only one source or only one supplier with unique capabilities

_X_ (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

13.106-1(b)(1)(i) (i) Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS

CSI is the copyright holder for CSI VSUM. Only CSI has the right to issue an enterprise license for this software. Software maintenance includes a subscription to version upgrades, updates, fixes and patches, as well as telephone support for resolving issues.

Continued maintenance of these products is essential. This software reduces the time spent scanning VSAM catalog listings and performs complex space calculations for new or existing data sets. Any interruption to maintenance would affect mainframe programmers working with systems that utilize VSAM catalogs and datasets.

6. EFFORTS MADE TO SOLICIT FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE

____ FedBizOpps Sources Sought posted from XX/XX/XXXX to YY/YY/YYYY, and a copy is included in the contract file.

_X_ FedBizOpps Synopsis of Proposed Contract Action posted from 02/01/2018 to 02/22/2018, and a copy is included in the contract file.

____ Responses received listed under item 10 below.

_X_ No responses received.

Based on the results of the posting, as well as market research described in item 8 below, we do not believe there are any entities other than authorized resellers with similar capabilities at this time.

7. DETERMINATION BY THE CO THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE PRICE

In accordance with FAR Part 15.404, the CO will perform a final price analysis in order to determine the eventual awardee’s proposed price is fair and reasonable.

8. DESCRIPTION OF MARKET RESEARCH

See Section 6 above.

These software products are proprietary products licensed to the agency. Market research has confirmed that CSI is the copyright holder of this software; therefore, the only known source capable of providing the required software and maintenance is CSI and its authorized resellers.

Additionally, _X_ We used market research conducted within 18 months of the anticipated award date. Therefore, we consider the information still current, accurate, and relevant.

____ When examining whether this is a requirement for Commercial vs. Non-

Commercial items, market research helped determined that this requirement involves ____ A) Items of a type customarily available in the commercial marketplace;

____ B) Items of a type customarily available in the commercial marketplace with modifications; or ____ C) Items used exclusively for governmental purposes (i.e. not commercially available).

____ Market research helped determine ____ Customary practices regarding customizing, modifying, or tailoring of items to meet customer needs and associated costs;

____ Customary practices, including warranty, buyer financing, discounts, contract type considering the nature and risk associated with the requirement, etc., under which commercial sales of the products or services are made;

____ Requirements of any laws and regulations unique to the item needed;

____ Availability of items that contain recovered materials and items that are energy efficient;

____ Distribution and support capabilities of potential suppliers, including alternative arrangements and cost estimates; and ____ Size and status of potential sources (see FAR Part 19).

____ Techniques for conducting market research include any or all of the following:

____ (i) Contacting knowledgeable individuals in government and industry regarding market capabilities to meet requirements.

____ (ii) Reviewing the results of recent market research undertaken to meet similar or identical requirements.

____ (iii) Publishing formal requests for information in appropriate technical or scientific journals or business publications.

____ (iv) Querying the government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.contractdirectory.gov/contractdirectory/ and other government and commercial databases that provide information relevant to agency acquisitions.

____ (v) Participating in interactive, on-line communication among industry, acquisition personnel, and customers.

____ (vi) Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources.

____ (vii) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line.

____ (viii) Conducting interchange meetings or holding presolicitation conferences to involve potential offerors early in the acquisition process.

____ Additional information, sources, comments

9. ANY OTHER SUPPORTING FACTS

In accordance with FAR 4.1102, 4.1201, and 9.401, upon selection of an awardee, the CO will examine the System for Award Management in order to make an affirmative determination of the contractor’s responsibility.

10. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION IN

WRITING

No other sources have expressed an interest in this acquisition.

11. ACTIONS AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS TO

COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION IS REQUIRED

Presently the most efficient and effective approach is to continue to utilize VSUM as a software solution and renew maintenance. Replacing our current VSUM suite of software products with other software products is technically impossible in some instances; this would require running dual programs and applications that may interfere with integrated network management and data exchange, take several years to replace currently installed software, and require extensive training to operate and install. While the agency has not ruled out replacing the software, such a replacement must be factored into our long term IT moderation plans.

We will continue to survey the market place by synopsizing our requirement and reviewing product literature and capability statements submitted by the vendor community.

COTR AND PROGRAM OFFICIALS’ RECOMMENDATIONAND CERTIFICATION

The COTR and other program officials hereby certify that the information provided in support of the justification for an exception to fair opportunity, and which forms the basis for this justification, is accurate and complete.

RECOMMEND:

CONCUR:

CONCUR:

CERTIFICATION BY THE CO AND OTHER CONTRACTING OFFICIALS

The CO and other contracting officials hereby certify that the information provided in support of this justification for an exception to fair opportunity is accurate and complete to the best of their knowledge and belief.

RECOMMEND:

CONCUR:

CONCUR:

CONCUR:

APPROVE: