3303-20-1158 SSJ 5-8 REDACTED.docx

SOLE SOURCE JUSTIFICATION (SSJ)

UNDER THE SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Agency: Social Security Administration

Project Title: Maintenance for Action Software International eventACTION software

Proposed Contractor: Mazda Computer Corporation

Tracking Information: Advanced Procurement Plan (APP) #: DCS-20-313E2 Relevant current/previous order #: SS00-15-60044 Purchase Request # 3303-20-1158

Period of Performance: 8/1/2020 – 7/31/2025 (if all options are exercised)

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__ Maintenance of eventACTION software manufactured Action Software International.

We will solicit a quote and award a single firm-fixed-price award to Mazda Computer Corporation for Action Software International eventACTION maintenance for the base year and four one-year option periods.

3. DESCRIPTION OF SUPPLIES/SERVICES AND ESTIMATED VALUE

Estimated Total Value: [REDACTED]

8/1/2020 – 7/31/2021: [REDACTED] (Base Year)

The Action Software International eventACTION product is a comprehensive event-tracking systems management product for z/OS mainframe computer systems that can be used to proactively manage our z/OS mainframe environment. The product is commercial-off-the-shelf (COTS) software with fully integrated interfaces between components, negating the need for us to develop in-house interfaces. The product will automatically capture in real-time any event to any system-level data and resources. These events include updates, reads and execution. The product provides the following functionality:

· Automatic change and reference tracking

· Automatic back-up of change files

· Recovery from backups

· Change controls with verification of Change Management Numbers prior to usage

· Change tracking and change controls down to the member level or individual file level

· Product execution controls which can be used to prevent other commercial software from running on unlicensed systems

· z/OS operator command tracking and control

· Side by side comparison tool of files and individual members

· Cross site communication of changes (local or geographically separate)

· Extensive batch and online reporting capabilities

· Customizable email alerts

The maintenance subscription for Action Software International eventACTION 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 13.106-1(b)(1)(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)” and FAR 13.501(a).

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_ Mazda Computer Corporation is the only Open Market authorized provider of Action Software International eventACTION licenses and maintenance subscription.

___ There are several authorized Open Market resellers of Software Company Inc. licenses and maintenance subscriptions.

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS

Action Software International is the copyright holder for eventACTION software. Only Action Software International has the right to issue an enterprise license for this software. Furthermore, while Action Software International does not sell directly to the government, the company requires agencies to purchase through authorized resellers, since Action Software International and its authorized reseller 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 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 maintenance, there is potential for a major FISMA audit finding. Action Software International provides unique patches and technical assistance necessary to support critical datasets on the mainframe. Any interruption to maintenance can severely affect our service to the public.

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

This software is proprietary. Only Action Software International has access to the source code necessary to provide the required licenses and maintenance, which are comprised of updates, upgrades, fixes and telephone support. There is only one authorized reseller, Mazda Computer Corporation. 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

Market research has confirmed results described in section 6 of this document.

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 _x__ 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).

_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.

____ (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

Action Software International does not sell directly to the government, instead making products available through an authorized reseller, Mazda Computer Corporation.

Presently the most efficient and effective approach known to the government is to continue to use eventACTION as a software solution and renew maintenance, as replacing our current eventACTION suite of software products with other software products

· May be technically impossible in some instances;

· Will require running dual programs and applications that may interfere with integrated network management and data exchange;

· 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 modernization plans. Therefore, it is determined to be in the best interest of the government not to pursue such a replacement undertaking at this time.

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.

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.

RECOMMEND:

12 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.

Advocate Review Board (CARB)

Project Title: Maintenance for Action Software International eventACTION software

Estimated Amount: [REDACTED]

Review and discussion occurred: Electronically

For a

__ Limited Source Justification (LSJ)

_X_ Sole Source Justification (SSJ)

__ __Justification for an Exception to Fair Opportunity (JEFO)

CARB Panel Members

[REDACTED]

General Counsel (or designee)

[REDACTED] 03/17/2020

___________ __________________________Date________

___x_I concur that the justification is legally sufficient

_____I do not concur that the justification is legally sufficient