Justification for Signature FAR 6.3 4 01 25.pdf

Last Updated 01/06/25 1

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. § 3204

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3, the following facts and rationale justify the use of such authority:

1. Agency and Contracting Activity.

The Department of Homeland Security, United States Coast Guard (USCG), National Maritime Center 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) Nature of the action: USCG intends to procure on a sole source basis

(b) Name and address of the contractor: StormSource, LLC

(c) Type of action: Firm Fixed-Price Contract

(d) Estimated total value (including options):

Period Unit Price Total

Base Year

12 mo.

$23,000

$23,000

Option Year 1 12 mo. $23,000 $23,000

Option Year 2 12 mo. $23,000 $23,000

Option Year 3 12 mo. $23,000 $23,000

Option Year 4 12 mo. $23,000 $23,000

Total $115,000

Previous (current) contract: 70Z02320PMMZ38300 PoP: 06/01/2020 – 05/31/2025

(e) Type of funding: Operations and Support funds

(f) Year of funding: Fiscal Year 2025

(g) Solicitation number: TBD

(h) Background information about the requirement: A scheduling software as service procurement is essential for scheduling appointments by the 200,000 mariners served over 21 different locations worldwide.

3. Description of Supplies/Services. The purpose of this purchase order is to procure a

Last Updated 01/06/25 2 lease of a web-based appointment scheduling service to support the United States Coast Guard (USCG) National Maritime Center’s (NMC) mariner community. An appointment scheduling software will allow mariners to directly access each of the 19 individual Regional Examination Centers (REC) and monitoring units located around the country and overseas to obtain appointments for a variety of functions including mandatory examinations for USCG-issued Merchant Mariner Credentials (MMCs). This requirement is vital to the mission of the U.S. mariner licensing and documentation program. Due to the nature of the maritime environment, mariners do not always have access to voice communications and the number of individuals visiting the RECs on a given day can vary greatly. As such, mariners require an advance scheduling service to manage workload due to brief windows of time when they are ashore. A flexible, web-based, accessible scheduling system provides consistent and standardized service among the RECs and the centralized NMC contact center located in Martinsburg, WV.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is 10 U.S.C. § 3204(a) implemented by the FAR Subpart 6.302-1 entitled Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Identification of Exception to the Buy American Act. N/A

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

(a) Scheduling software “as a service” was relatively new in 2014 and 2019, for previous requirements. More options have emerged but instead of offering flexibility the software-as-a-service industry became specific to small businesses and standard medical office needs. These systems do not provide the flexibility and customization to meet the unique and specific needs of the National Maritime Center. The National Maritime Center as part of the USCG cannot allow external access to the secure network and must adhere to federal privacy safeguards. Only one source can provide a software service capable of supporting the following required functionality:

• Adaptability to complexity of organizations and depth of configuration

• Unlimited and specific terminology changes

• Depth of scheduling rules and number of users

• Layers exceptions for multiple locations and provides scalability of locations

• Extract data without cost in off-network environment

• Notifications are included in the apps

(b) Market research continues to indicate StormSource LLC is the only fully-equipped system available to the meet the Government’s needs for off-network customizable web-based scheduling for the Merchant Mariner Community. Similar services were found to be specific to certain types of businesses and included accounting components for invoicing. These software services are not customizable to the National Maritime Center needs. Other appointment scheduling systems required access to the USCG network, which is prohibited. Additionally, customization of a different service would require development of a unique system, not a software-as-a-service off-network

Last Updated 01/06/25 3 option. CG6 has conducted a Privacy Threshold Analysis on AppointmentPlus, which owns StormSource, and the Appendix G is approved for the required use.

(c) The Mariner Credentialing Program (MCP) that the NMC manages underwent a major reorganization in 2007/08 and again in response to COVID in 2020, following years of severe Congressional criticism and exceptionally poor customer service findings. The Reorganization and Centralization (R&C), which organizationally shifted the REC’s under control of the NMC, enabled a number of efficiencies, whereas each REC had acted independently in the past. Previously, most mariners would wait six months to a year or longer for their credential and the Coast Guard was assaulted by Congressional inquiries annually. The R&C has dropped that time to less than 30 days on average, currently. A critical part of achieving and maintaining this much-improved customer service, for which the NMC has been hailed by Coast Guard Senior Leadership, the Maritime Industry and our nation’s mariners, has been the efficiency resulting from the ability to manage appointments at each REC. This efficiency is a direct product of the web-based appointment scheduling software.

(d) Failing to continue to provide the level of customer service detailed above, made possible through the use of the required StormSource software, or to suffer a severe disruption by suddenly shifting to a new, different, and for the mariners undoubtedly more complicated system would again place the MCP, CG and DHS under Congressional oversight and criticism after finally achieving a successful level of customer service. Furthermore, the NMC is developing a new database system for the over 200,000 mariners. Until this is tested and implemented, the NMC requires ease of use without disruption in appointment scheduling for our mariners. With this required governmental program showing success for the NMC, CG, DHS, and our mariners it is essential to provide this web-based appointment scheduling software for the term requested.

• If using “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements” as your authority, also include the following:

▪ Internal web-based scheduling system that provides instant appointment details. Instant appointment access allows the mariner (customer) to view the REC (location) calendar in real time and select the open time slot to best fit their need. The REC personnel must have instant access to appointment scheduling as well to properly plan for all customers’ needs. A system that would require a request by the mariner to be sent to the REC and the REC responding either positively or negatively would be a waste of time resources for the REC and the mariner.

▪ Accommodate over 21 geographic locations. This is a web-based system but only to make an appointment for a mariner to physically visit a REC according to a window of opportunity for the mariner. REC exam rooms have a limited number of seats; therefore, the mariner can select the REC that is closest to his current location so that he may complete an exam to acquire his desired credential with minimum travel expense to the mariner. This allows the mariner to get back to work in a timely fashion and reduces their risk of a potential financial hardship due to scheduling concerns.

▪ Scheduling for multiple mission-critical services. There are two critical services that require appointments: 1) Application submittal. Although applications may be submitted

Last Updated 01/06/25 4 via mail, email or fax there is still a large customer base that prefers the personal interaction or has questions regarding the application requirements or process that require more interaction. Having an appointment provides guaranteed availability of service for the mariner. Without this service that enables the customer to select and confirm an appointment, the mariner would face a risk of visiting in person, waiting to be seen, and potentially having to return, due to demand and non-availability of appointments, which was an issue with the RECs prior to centralization. 2) Examinations are the REC’s second critical service requiring appointments. The NMC has not yet gone to a web-based testing system. Therefore, as each REC has a limited number of examination seats available, it is critical for mariners to be able to pre-arrange testing.

▪ Be customized by Agency. Specific policy and safeguards related to USCG and NMC mission requirements require this service to be adaptable to changing controls and mandates.

▪ Be a secure system. PII in respect to contact and other sensitive information, which is necessary in the process of serving the population, must be protected for the mariners.

▪ Provide mobile apps and reminders of status via text message and email. The NMC is moving to electronic applications and the required system must ensure ease of use for mariners and NMC/REC personnel to communicate electronically and across time zones.

▪ Appointment scheduling services range from an application installed on individual PC units to web-based systems that can be accessed by a variety of users with a variety of geographic locations. A multitude of geographic locations is considered a customizable feature by most companies. NMC has 110 REC employees across 19 locations:

(Anchorage, AK; Baltimore, MD; Boston, MA; Charleston, SC; Honolulu, HI; Houston, TX; Juneau, AK, Ketchikan, AK; Long Beach, CA; Memphis, TN; Miami, FL; New Orleans, LA; New York, NY; Oakland, CA; Portland, OR; San Juan, PR; Seattle, WA;

ST Louis, MO; Toledo, OH.) Additionally, the NMC Call Center accesses the system via the internet with an additional five Team Leads that have system privileges for troubleshooting.

▪ Web-based appointment schedulers have become more prevalent since previous market research done in 2020. However, issues with customization and complexity remain.

Appointment schedulers have been designed with great specificity. Most calendar systems researched are for salons, spas, medical centers, and small businesses. These were tailored to include basic needs of accounting with invoicing as well as the business’ specific services. The services reviewed included an initial fee for customizing the system to performance requirements, with an annual maintenance fee by percentage based on the initial cost for the system. Many systems have performance issues when stretched beyond 10 locations. Scalability of locations, exceptions to certain rules, and configuring specific terminology is a unique set of features not typically found or economical across the industry.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential

Sources as is Practicable.

Exception under FAR 5.202(a)(13)(i)

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. The contracting officer determines that the anticipated price

Last Updated 01/06/25 5 will be fair and reasonable based on a comparison of prior acquisition history and the current price.

9. Description of Market Research. Market research is required by FAR Part 10, and the results of the market research should be summarized here. Include the following information:

Market research was conducted from November 2024 – February 2025. Resources reviewed included GSA and DHS contracts as well as internet searches of several vendors of similar software services. The results of market research detailed above and in the report indicated that a sole-source procurement of StormSource software as a service is in the best interest of the Government. Funds are limited on an annual basis for the anticipated contract. The current contractor is the only known internal web-based scheduling appointment system that meets the needs of the NMC Call Center and the Regional Examination Centers, considering required performance specifications, cost analysis, security parameters, CG6 approval as well as consistency and ease of use. Our mariners are worldwide and need to be able to access this system from anywhere around the world including the middle of the ocean, at all times.

Therefore, this requirement may only be met by a web-based system capable of providing instant appointments and real time views of up to 21 different calendar locations. Commercial products have been developed for specific business needs to include small businesses, medical offices and salons, all of which include an accounting component. Commercial products that are in line with the budget are not able to provide customization at commercial prices specific to the REC’s geographic locations and security requirements. StormSource LLC allows the NMC to customize its own templates with ease of use, while meeting requirements for complexity and terminology for the mariner community.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

None

11. A Listing of the Sources, if Any, that Expressed, in Writing, an Interest in the

Acquisition. N/A

12. 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.

The National Maritime Center is developing a new database system to replace the existing database system. Eventually, functionality may be included and adapted to remove this requirement at an affordable price for a different software service, but no alternative exists in the current marketplace. Market research efforts will continue throughout the life of the anticipated contract with the goal to identify alternative capable sources.

13. Contracting Officer’s Certification.

I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Last Updated 01/06/25 6

Catherine M. Foster Date Contracting Officer

14. Technical/Requirements Personnel Certification.

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

Sherry L. Sturman Date Technical Representative/COR

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION