WX03419Y2018T_CPT_OM4100_JA_05312018.pdf

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Justification &Approval (J&A)

Justification For Other Than Full And Open Competition

41 U.S.C. 3304

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the

Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR

6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Federal Emergency Management (FEMA), Office of the Chief Component Human Capitol Officer, Human Resources Operations, Washington, D.C. 20472 proposes to enter into a contract on a basis other than full and open competition.

2. Nature and/or description of the action being approved.

(a) Type of action: Firm-fixed priced

(b) Amount: $83,840.00

(c) Type of funding: Operations and Maintenance funds

(d) Year of funding: FY 2018

(e) OCCHCO FEMA intends to procure on a sole source basis Hosting, maintenance and enhancements services, and help desk –Tier 3 support for proprietary FEMA Career Path

Tool (CPT) software service. The software is proprietary to the manufacturer C2

Technologies.

3. Description of Supplies/Services.

The requirement is to provide O&M support, help desk tier 3 support, and provide a cloud base hosting service and DBA and System Admin support for the FEMA CPT (Career Path

Tool).

4. Identification of statutory authority permitting other than full and open competition.

FAR Subpart 8.405-6(b)(1) – only one source is capable of responding due to the unique or specialized nature of the work.

5. Demonstration that the nature of the acquisition require use of the authority cited.

This requirement is suited to a logical follow-on to HSFE30-14-P-0321 and HSFE30-15-P-

0381 in accordance with FAR 8.405-6(a)(1)(i)(C) as awarding to another source is likely to

- 2 -result in the disruption of the development of the detailed plans procured, duplication of cost services already performed, loss of process integration and cost already incurred. The existing FEMA CPT Software is proprietary and only C-2 Technology INC. may make the required system support and enhancements, occupational series modifications, and hosting.

No other vendor would be able to meet FEMA’s modifications and enhancements needed because the code is proprietary to C2 Technologies. The production server has been built, configured and has met the technical system requirements to host CPT. There should be no interruption in the hosting support for the CPT system. If another vendor is to support hosting for C2, rebuilding of the system will be additional cost to FEMA. Hence, impacting the schedule and FEMAs effort to launch CPT. FEMA CPT software already hosts the following information: position descriptions, job announcements, organizational charts, key policy documents, and OPM material around a specific job series, among other. Using another vendor would lead to inefficiency and is not in the best interest of the government.

If the action is not approved, the FEMA CPT developments should not be completed which would be a waste of funding, production and overall resources. Most importantly the end users, FEMA employees and prospective employees would be impacted the most.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

A Notice of Intent to Sole Source will be posted to FedBizOpps in accordance with FAR 5.201.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The agency saves money by awarding to C2 Technologies because the system code is proprietary and therefore having a different contractor manage the requirement would result in additional cost because they would have to pay to rebuild the system. Per market research, other companies are unable to perform the requirement due to proprietary system code.

8. Description of market research.

The internet was searched for a list of contractorts that would be able to provide PIV enablement and hosting service. Companies were not able to provide the specialized PIV enablement service. Hosting service companies contacted were not able to provide the specific Fed Ramp speciallized service and will not be able to access the data and system. The FEMA CPT system is a copyrighted product that represent intellectually property that has not been licensed for resale. See market research attached.

9. Any other facts supporting the use of other than full and open competition.

If C-2 Technologies is not selected for award, the new contractor will have to rebuild the

FEMA CPT system. No other vendor has the code to modify the existing software because the code is proprietary to C2-Technologies. This action will be cause additional cost to FEMA. To develop a new Career Path tool will will cost approximatly over $700,000.00. That value has already been invested to develop the system.

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10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

No sources expressed interest.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for supplies or services required.

Include a statement of actions taken or will be taken to increase competition for future acquisitions of the same item/service.

OCCHO will develop a plan to revise technical specifications and determinate if hosting services, O&M support, enhancements and modifications services may be provided by other companies after development and deployment is completed.

12. Technical/Requirements Personnel Certification. I certify this requirement meets the

Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Contracting Officer Date