Redacted_Single_Source_Orbeon.pdf

Soliciting From a Single Source

IAW FAR 13.106-1(b)(1)(i)

Brand-Name

Orbeon Forms Maintenance and Support

Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in FAR Part 6 (FAR 6.001(a)). In accordance with FAR 13.106-1(b)(1)(i), a

Contracting Officer (CO) may solicit from one source if the CO 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). This is a brand-name requirement due to proprietary configurations of the software and software updates are only available through resellers of the product. The circumstance(s) supporting this determination is outlined below.

The National Archives and Records Administration (NARA) requires the services of Orbeon, Inc. for the configuration, support, and licensing of the Orbeon Forms software. The software will be located at NARA’s data center in Rocket Center, WV 26726. This brand name item is the only item that can meet NARA’s needs. The period of performance of this purchase order is anticipated to be September 21, 2018 through September 20, 2019.

The statutory authority permitting other than full and open competition is the Federal Acquisition

Streamlining Act, Public Law 103-355 in conjunction with the Competition in Contracting Act, 41 U.S.C § 3304(a)(1) as implemented by FAR 13.106-1(b)(1)(i), “ …the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).”

Orbeon Forms software is an integral part of the ERA framework, providing a solution designed to handle complex online forms in a user-friendly and interactive manner. Orbeon Forms include customized configurations and software that can only be supported by the owner/developer or its authorized vendors. Orbeon, as the owner/developer of Orbeon Forms software, owns all rights to the sale, support and distribution of its software. This agreement ensures that the forms that interface with the Electronic Records Archives (ERA) continue to function properly on a day-to-day basis.

Replacing the Orbeon brand with another vendor’s product will affect the capability of the overall system. Orbeon owns all the manufacturing and technology affiliated with their products and is best suited to ensure compatibility challenges and/or constraints are eliminated.

NARA will continue to monitor the marketplace and conduct market research to seek alternate solutions that either advance the existing capabilities or achieve a better overall value.

Replacement would require the acquisition of a new solution which is currently economically unfeasible as compared to continued maintenance and support.

I hereby certify that this justification for “Soliciting from a Single Source” is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify this request is not the result of a desire to expend funds while those funds are still available.

/S/____________________________ 9/13/2018_________

Robert L. Morgan Date

Technical Representative (IOS)

I have reviewed this justification and conclude that it is accurate and complete to the best of my knowledge and belief.

/S/___________________________ 9/13/2018________

Jean-Claude Amisial Date

Contracting Officer (Z)

I have reviewed this justification and hereby certify that it is accurate and complete to the best of my knowledge and belief. In accordance with NARA 501, I approve this justification.

/S/__________________________ _9/14/2018________

Donna Forbes Date

Competition Advocate (B)