50310221P0036_JA _Redacted.pdf

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

STATION PLACE

100 F STREET NE

WASHINGTON, DC 20549-2000

OFFICE OF ACQUISITIONS

Justification and Approval For Other Than Full and Open Competition

J&A Number:

Pursuant to the authority cited herein, the following justification for an exception to other than full and open competition.

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

U.S. Securities and Exchange Commission Office of Acquisitions, 100 F Street, NE Washington, D.C. 20549

2. Nature and Description of Action being Approved

This is a brand name requirement for SonarQube

The U.S. Securities & Exchange Commission (SEC or Commission) proposes to negotiate and execute a single source firm fixed price (FFP) purchase order under FAR Part 13 with SonarSource SA to provide specialized software license and maintenance support services, via the SonarQube software utility, to OIT staff, to continuously monitor, inspect and improve the quality of the baseline code for the SEC's EDGAR application.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

SonarQube Enterprise Edition up to 5M LOCs, with Support

The above products will be procured for a performance period of the following:

Base Year: 10/1/2021-9/30/2022

Option One: 10/1/2022-9/30/2023

Option Two: 10/1/2023-9/30/2024

The total estimated value of the resultant contract is $

J&A No.

4. An identification of the Statutory authority permitting other than full and open competition

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) and FAR 6.302-1 (a) (2) - Only one responsible source.

SEC J&A #

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited

SonarSource SA is uniquely qualified to provide SonarQube software license and maintenance support services as Sonar Source SA is the sole provider of SonarQube license and maintenance support services. The SonarQube product can be sold through re-sellers however the maintenance and support is only provided by Sonar Source SA.

SonarQube is uniquely embedded in the EDGAR platform daily development cycle and disruption will cause irreparable damage to the agency's mission. SonarQube software license and maintenance support services is essential to the SEC’s requirements, thereby precluding consideration of a product manufactured by another company.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

Market research indicates that resellers for this software, training, and software maintenance does not exist.

The SEC Office of Acquisitions (OA) will post a Synopsis on betasam.gov in accordance with FAR 5.201 that provides notification of the SEC’s intent to award a single source procurement to SonarSource SA.

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer, by signature on this document, hereby determines that the anticipated cost to the government will be fair and reasonable.

The Contracting Officer determines that the anticipated cost to the Government will be fair and reasonable as it was compared to the previous quote from last year, which was determined to be fair and reasonable.

8. Description of the market research conducted and results or statement of the reasons market research was not conducted.

Market research conducted found that that only SonarSource SA, the vendor who owns SonarQube software, can provide SonarQube with the required maintenance and support services.