Redacted_SSJ.docx

SOLE SOURCE JUSTIFICATION (SSJ)

UNDER THE SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Agency: Social Security Administration

Contracting Officer’s Technical Representative:

Project Title: New Acquisition of Freedom Scientific Inc. JAWS Kiosk software

Proposed Contractor: Authorized Resellers of Freedom Scientific Inc.

Tracking Information: Advanced Procurement Plan (APP) #: DCS-19-170M0 Relevant current/previous order #: N/A; New Purchase Purchase Request # 3365-19-1247

Period of Performance: 12-month Base POP (7/26/19 – 7/25/20) with four (4) 12-month optional periods.

2. NATURE OF ACTION BEING APPROVED

Type of Action:

_X__ New award ____ Modification of existing award, number ______________________

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___ Licenses and Maintenance: JAWS Kiosk software manufactured by Freedom Scientific Inc.

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

Procedures in FAR 13.5 are being used, in accordance with 41 U.S.C. 1901.

3. DESCRIPTION OF SUPPLIES/SERVICES AND ESTIMATED VALUE

Estimated Value:

JAWS Kiosk (Job Access With Speech), is an assistive screen reader, developed from Freedom Scientific’s PC-based software for kiosk users whose vision loss prevents them from seeing screen content or navigating with a mouse. JAWS Kiosk software provides speech and Braille output for visually impaired individuals on SSA’s accessible kiosks.

In August 2017, the National Federation of the Blind (NFB) brought litigation against SSA regarding accessibility of the Visitor Intake Process (VIP) Kiosk currently stationed in SSA field offices nationwide. On March 11, 2019, the IT Investment Review Board (IT IRB) approved the VIP Kiosk priority investment to mitigate this litigation.

The ITIP Priority Request for the VIP product evaluated the maturity and technical feasibility of potential approaches. Acquiring JAWS Kiosk was the recommended solution based on schedule, financial, and strategic factors. The constricted timeline for delivery and required critical functionality eliminates the feasibility of implementing an alternate solution. The dynamic nature of this solution aligns with the overall VIP Product strategy, ensuring the initial investment will not be deprecated by subsequent VIP modifications. The perceived cost associated with implementing an immediate alternate solution coupled with ongoing updates and maintenance for that solution highlights this approach as the most advantageous for the Agency.

This project seeks to update the VIP Kiosk application to ensure that SSA is properly serving the disabled community by adhering to the Americans with Disabilities Act (ADA). The primary scope of this effort is to enable blind and visually-impaired users to complete the SSA Field Office check-in process independently without divulging their private information to a third party. This includes integrating the current system with screen reader software.

In order to immediately resolve some of NFB’s complaints, the initial 6-month development project is the first phase of the larger VIP Product effort. The VIP Product supports the Agency’s strategic goal to Deliver Services Effectively. The VIP Kiosk enhancements will allow SSA to better serve the public, specifically the blind and visually impaired customers in a more efficient and effective manner, and will ensure that this specific user group is treated equally throughout the office visitor check-in process.

The VIP Kiosk priority investment includes funding to purchase JAWS Kiosk screen reader software licenses, which must be placed into production by 8/3/19 per court order. We currently deploy Freedom Scientific Inc. JAWS software at SSA to serve blind and low-vision employees. Because of this, SSA has had the opportunity to prove the software is compatible with the existing system infrastructure and verify the software is configurable as required for kiosk use. JAWS meets all of SSA’s technical requirements, and is the most mature product SSA evaluated, as no other product provides the capabilities that JAWS does. SSA is already using JAWS’ vendor support for existing licenses at SSA, and JAWS provides customized support based on SSA’s environment.

The licenses and maintenance subscription for Freedom Scientific Inc. software includes updates, fixes and patches, as well as online and telephone technical support allowing the software to remain operational in a changing environment. By consolidating agency purchases of software and maintenance into a single acquisition vehicle, we will be better able to direct and coordinate the planning, budget, and acquisition activities related to licensing and maintaining this software, while also allowing for enterprise level pricing.

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 13.106-1(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).

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

Please note:

_X__ There are several authorized Open Market resellers of Freedom Scientific Inc. licenses and maintenance subscription.

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS

Freedom Scientific Inc. is the copyright holder for Freedom Scientific JAWS Kiosk software. Only Freedom Scientific Inc. has the right to issue an enterprise license for this software. Freedom Scientific Inc. sells directly to the government, and also through authorized resellers, both of which have legal access to the proprietary source code necessary to provide software licenses and maintenance. Software maintenance includes a subscription to version upgrades, updates, fixes and patches, as well as telephone support for resolving issues.

Purchase of licenses and continued maintenance subscription of this product 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 licenses and maintenance, there is the potential for a major workload disruption due to non-compliance with federally mandated Section 508 Accessibility. Freedom Scientific Inc. provides unique patches and technical assistance necessary to support 1,800 seat licenses for JAWS Kiosks located at the Social Security Administration. Any interruption to licenses and maintenance can severely affect our service to the public.

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.

____ FedBizOpps Synopsis of Proposed Contract Action posted from XX/XX/XXXX to YY/YY/YYYY, and a copy is included in the contract file.

____ Responses received listed under item 10 below.

____ 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 Freedom Scientific Inc. is the copyright holder of this software; therefore, the only known source capable of providing the required software and maintenance is Freedom Scientific Inc. and its authorized resellers.

Additionally, _X__ We used market research conducted within 12 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).

_X__ 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).

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

_X__ (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

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.