SSJ_Help_Systems_Vulnerability_(DCS-19-314D0)_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:

____ 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 HelpSystems Vulnerability Assessment and Bytware software/hardware manufactured by HelpSystems, LLC.

We will solicit a proposal and award a single firm-fixed-price award to HelpSystems, LLC for a one-year period.

3. DESCRIPTION OF SUPPLIES/SERVICES AND ESTIMATED VALUE

The Office of Systems Operations & Hardware Engineering (OSOHE) must continuously improve auditing and monitoring on the iSeries platforms connected to the Social Security Administration (SSA) network. To improve the capacity to better audit, monitor and manage system activity incidents, SSA purchased and implemented CM, which is a commercial-off-the-shelf (COTS) automated iSeries Vulnerability Assessment Tool with the ability to audit and report on all AS400 iSeries systems connected to the SSA network.

The Division of Information Systems Security Administration and Operations (DISSAO) uses CM to audit and monitor the AS400 iSeries systems vulnerabilities. CM simplifies the task of reporting against system configuration and user activity. This ensures that all iSeries systems comply with OSOHE security policies.

The maintenance subscription for HelpSystems Vulnerability Assessment and Bytware software includes updates, upgrades, fixes and technical support 8:00am – 6:00pm;

Coverage: Monday – Friday, 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 13.500.

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

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS

HelpSystems, LLC is the copyright holder for HelpSystems Vulnerability Assessment and Bytware software. Only HelpSystems, LLC. has the right to issue an enterprise license for this software. HelpSystems, LLC sells directly to the government and requires agencies to purchase directly through them, since only they have legal access to the proprietary source code necessary to provide software maintenance. 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. Access to upgrades, updates, and fixes and patches ensures software continues to be compatible with the operating system and is in good working order. Without the current virus signature files, the data processed on the iSeries computers is subject to attack viruses. Corruption or compromise of this data can lead to serious problems for SSA and the various State DDS offices that rely on it. It is critical that this is renewed in a timely manner so the existing license keys do not expire before new keys are procured. Any delay could impact the functions of the automated disability case processing in the DDS offices.

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

PRACTICABLE

___ FedBizOpps Sources Sought posted from XXXXX to XXXXXX, and a copy is included in the contract file.

__X_ FedBizOpps Synopsis of Proposed Contract Action posted from 10/02/2018 to 10/09/2018, 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 HelpSystems, LLC is the copyright holder of this software; therefore, the only known source capable of providing the required software and maintenance is HelpSystems, LLC.

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.

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

Commercial items, market research helped determined that this requirement involves __X_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;

_x___ 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.

__x__ (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

HelpSystems, LLC sells directly to the government. There are no authorized resellers.

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

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

Presently the most efficient and effective approach known to the government, is to continue to utilize Help Systems Vulnerability as a software solution and renew maintenance.

Replacing our current Help Systems Vulnerability suite of software products with other software products will take time, we estimate up to several years, to replace currently installed software effectively, which will of necessity require not just installation of the software, but also extensive re-training of staff, While the agency has not ruled out replacing the software at some point in the future, the time, expense, and performance risk to the agency of implementing a replacement must be factored into our long term IT moderation plans. Therefore, it is determined to be in the best interest of the government not to pursue such a replacement undertaking at this time.

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE

(COTR) AND PROGRAM OFFICIALS’ RECOMMENDATION

AND 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.

CERTIFICATION BY THE CONTRACTING OFFICER AND

OTHER CONTRACTING OFFICIALS

The contracting officer 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.