A03 - JOFOC CA Broadcom.doc

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

1. IDENTIFICATION OF AGENCY AND CONTRACTING OFFICE:

Agency:

Social Security Administration (SSA or Agency) Contracting Office:

Office of the Deputy Commissioner for Budget, Finance and Management (DCBFM) Office of Acquisition and Grants (OAG) Office of IT Acquisitions (OITA) Division of IT Support Services (DITSS) Contracting Officer:

Traci Leach-Walker (410) 965-9539 Program Office:

Office of the Deputy Commissioner for Systems (ODCS) Office of Information Technology Financial Management and Support (OITFMS) Division of Investment Management & Enterprise Support (DIMES) Contracting Officer’s Jennifer DuBois Technical Representative (410) 966-9534 (COTR):

Project Title:

Broadcom Technical Support Services Proposed Contractor:

Broadcom Inc. (Broadcom) 1320 Ridder Park Drive San Jose, CA 95131 Tracking Information:

Advanced Procurement Plan #: DCS-23-876J0 Relevant Current Order: 28321318D00060005 Requisition #: 3356-22-1019

2. NATURE OF ACTION:

Type of Action:

_X_ New award

Modification of existing award, number

Contemplated Contract Type:

_X_ Firm Fixed Price _X_ Time and materials/labor hour

Cost-Reimbursement Combination

The purpose of this JOFOC is to seek approval of a sole source Indefinite Delivery Indefinite Quantity (IDIQ) contract award to Broadcom for proprietary technical support services. The Contracting Officer (CO) will establish this IDIQ non-competitively using open market procedures. The IDIQ will have a will have a 12-month base period with four 12-month option periods. The IDIQ will include provisions for an additional 6-month option period should the agency need to extend services. The agency will acquire services through the issuance of firm-fixed price or labor hour task orders.

3. DESCRIPTION OF SERVICES AND ESTIMATED VALUE:

The estimated cost for the list of the procurement is $44,983,227.76. The price breakdown is as follows:

Broadcom personnel will provide technical support for a wide range of Agency strategic initiatives, projects, and functions. We currently utilize 87 Broadcom software products throughout our mainframe and distributed environments. These proprietary software products are an integral part of our current and future infrastructure and business processes. Broadcom support services are necessary to customize, implement, and integrate these software products. The software products will improve our business processes and build a stronger IT foundation.

Broadcom personnel possess highly specialized skills and an extensive knowledge base to assist us with the smooth transition of proprietary software into our complex operating environment and communications network.

The agency will make use of Broadcom support services when a task requires, the following:

· Advanced knowledge of strategic Broadcom proprietary products, technology, and applications;

· Detailed understanding of Broadcom systems design specifications and source code;

· Detailed understanding of proprietary features with access to developers; or

· Advanced knowledge of future plans, direction related to the release of new, or upgrades of, Broadcom software products.

Additionally, we will aim to continually improve and modernize our existing Broadcom software for more efficient processing and to take advantage of current and emerging technologies. Our use of Broadcom software is national in scope, affects all SSA components, and is critical to the successful completion of the agency’s strategic priorities, such as improving access and security for Expanding Digital Services, increasing the use of security digital services, reaching long term performance goals, modernizing our information technology, expanding the use of data analytics and predictive modeling, and strengthening our cybersecurity programs. Given the criticality of the Broadcom software, the proprietary support services are equally important as the necessary services will allow for the continued support of our mainframe and distributed workloads. Specifically, support services are required to:

· Provide full software life cycle support

· Provide technical support for software engineering and database activities

· Perform analytical and research activities

· Support software process improvement and software engineering management activities

· Provide highly specialized skill sets related to current and advanced technologies not available at SSA

· Evaluate, integrate, and deploy new technologies

· Provide increased performance and stability

· Support platform and product migration

· Provide disaster recovery strategies

· Transfer private sector knowledge to SSA.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION:

The acquisition is “commercial” in nature, as defined at FAR Section 2.101, and will be solicited using FAR part 12 “Acquisition of Commercial Items,” as well as the procedures outlined at 15 “Contracting by Negotiation.”

The authority that permits this other than full and open competition is 41 U.S.C.§3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) subpart 6.302-1 “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.” The basis for restricting competition is that a reasonable justification exists for concluding that the agency’s minimum needs can only be satisfied by:

· Unique supplies or services available from only one source or only one supplier with unique capabilities.

5. CONTRACTOR’S UNIQUE QUALIFICATIONS:

Broadcom is the software developer and copyright holder for all Broadcom software products and owns the rights and source codes to the many mainframe and distributed software products that interface with SSA applications. There is no other source with the knowledge and expertise required to design, customize, optimize, and integrate these products into our complex architecture. Therefore, no other source is capable of performing the work or services, required by the agency.

The Broadcom resources assigned to support us are not only trained in the products they support, but also have unique access to the Broadcom software development labs, the underlying product architectures, product engineering and source codes. Broadcom is the only source with the unique combination of proprietary knowledge and access to the IT professional services required to optimize the integration of Broadcom products and assets within our infrastructure. This level of architectural knowledge, unique skill set, and access to source code is not provided to, or by, resellers of Broadcom products.

The following information further supports Broadcom as the only source capable of providing the required level of support:

A. Knowledge of Proprietary Software Features Skilled and knowledgeable Broadcom technical resources would:

· Assess how products will interface with our critical programmatic applications

· Provide advanced notification of published technical alerts, product announcements and product defect reports that may impact our software environment

· Inform us of product availability dates and end of service dates to facilitate software upgrade planning

· Provide quicker solutions to everyday support requirements

· Advise on documented software fixes and workarounds

· Improve time to problem resolution in critical situations

· Identify planned changes to software products that may impact existing applications and projects or programs, as well as the implementation of new projects or initiatives

· Work with developers to provide debug modules, workaround scripts or other instruction to troubleshoot problem determinations and provide resolution

· Recommend best practices for managing software B. Broadcom Software Products and Services Utilized at SSA We currently operate 8 mainframes at the National Support Center (Urbana, Maryland) and the Second Support Center (Durham, North Carolina). We use Broadcom software products on all the mainframes to provide an interface between the operating systems and the major programmatic applications software to support our programs.

Broadcom proprietary software products are heavily used and deeply embedded in our mainframe and distributed software infrastructure. Similarly, we have made a significant investment in the purchase of software licenses and maintenance, as well as version upgrades of Broadcom mainframe and distributed proprietary software products.

C. Additional Cost, Risk and Delays We utilize Broadcom software products throughout the agency’s entire infrastructure, which directly supports our core business service to the public. Proprietary support services from Broadcom provide the integration, customization, and installation of these software products into our infrastructure and are required to accomplish the goals identified in the Agency’s Strategic Plan, such as: improving access and security for Expanding Digital Services, increasing the use of security digital services, reaching long term performance goals, continuing modernizing our information technology, expanding the use of data analytics and predictive modeling, and strengthening our cybersecurity programs As previously stated, Broadcom software products are embedded in a wide range of our legacy systems and touch all batch applications on the back end all the way up to, and including, all web applications on the front-end that interface with the public and our business partners. With many Broadcom software products deployed, Broadcom’s proprietary support services will be used in the development of system design specifications, source code modification and customization, integration, and implementation of most, if not all, of these products within our systems environment.

6. EFFORTS TO SOLICIT OFFERS FROM OTHER POTENTIAL SOURCES:

We will synopsize the requirement at the SAM.gov website as a sole source procurement in accordance with FAR 5.2, Synopsis of Proposed Contract Actions. Although experience indicates there is no private firm or organization with the necessary experience or access to proprietary Broadcom source code in the commercial marketplace, the notice will instruct interested parties to submit a capability statement that SSA will consider.

7. DETERMINATION THAT THE COST WILL BE FAIR AND REASONABLE:

The Contracting Officer will perform a final price analysis as required by FAR 15.404-1 to determine that the final price represents the best value to the Government and is fair and reasonable.

8. MARKET RESEARCH:

The agency conducted market research as outlined in FAR part 10. Specifically, the agency used the market research procedures at 10.002(b)(2)(i) “Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements,” and 10.002(b)(2)(iv) “Querying the Governmentwide database of contracts…and other Government and commercial databases that provide information relevant to agency acquisitions.”

Based on this market research, the agency determined that due to intellectual property and the proprietary nature of the Broadcom software, Broadcom is the only vendor with access to professional resources who possess advanced knowledge of strategic Broadcom proprietary products, technology, and applications; a detailed understanding of Broadcom systems design specifications; and access to Broadcom source codes. As such, no other Contractor can provide the required proprietary support services.

9. OTHER FACTS:

In accordance with FAR 4.1102 and 9.401, before issuing an award, the CO will examine the System for Award Management in order to make an affirmative determination of the contractor’s responsibility.

Before issuing an award, the CO will examine the Contractor’s past performance to ensure the contractor has performed satisfactorily on similar efforts.

10. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION:

No other sources have expressed an interest in this acquisition.

11. ACTION TAKEN TO REMOVE COMPETITION BARRIER:

As mentioned in previous sections, this is a sole source requirement due to the proprietary nature of the work. As such, there is no current ability to compete the requirement. We will continue to survey the marketplace by synopsizing our requirement and reviewing product literature and capability statements submitted by the vendor community.

12. RECOMMENDATION OF THE COR AND CONCURRENCE OF THE PROGRAM OFFICIALS

The COR and other Program Officials hereby certify that the information provided in support of justification for other than full and open competition, and which forms the basis for the justification, is accurate and complete.

RECOMMEND:

5/12/2022 Jennifer DuBois Date Contracting Officer Representative (COR) Office of IT Financial Management and Support (OITFMS) Division of Investment Management and Enterprise Services (DIMES)

CONCUR:

Mukesh Patel

05/12/2022 Mukesh Patel

Date Branch Chief Division of Investment Management and Enterprise Services (DIMES) Office of IT Financial Management and Support

CONCUR:

05/17/2022

Jessica Fitter

Director Division of Investment Management and Enterprise Services (DIMES) Office of IT Financial Management and Support

5/17/2022

Rachel Dumser

Associate Commissioner Office of IT Financial Management and Support

Sean Brune

Chief Informational Officer

13. 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 other than full and open competition is accurate and complete to the best of their knowledge and belief.

RECOMMEND: Jada Oglesby

May 9, 2022

Jada Oglesby, Contract Specialist Date Division of IT Support Services (DITSS) Office of Information Technology Acquisition (OITA) Office of Acquisition and Grants (OAG)

June 23, 2022

Traci Leach-Walker, Contracting Officer and Division Director Date DITSS, OITA, OAG

06/23/22

Syreeta Gay, Acting Office Director Date OITA, OAG

CONCUR:

23 June 22

Pamela J. Kontz Acting Deputy Associate Commissioner, OAG Date

07/05/2022

Deputy Commissioner for Date

Budget, Finance, and Management

7/5/22

APPROVE:

Adam Goldstein

Senior Procurement Executive Competition Advocate Review Board (CARB) Project Title: Broadcom Technical Support Services Estimated Amount: $44,983,227.76

Review and discussion occurred: Electronically

For a

Limited Source Justification (LSJ)

_X_ Justification for Other than Full and Open Competition (JOFOC)

Justification for an Exception to Fair Opportunity (JEFO)

CARB Panel Members

General Counsel (or designee)

/s/ Russell Cohen

June 30, 2022

Name

X I concur that the justification is legally sufficient

I do not concur that the justification is legally sufficient Digitally signed by Sean

Sean Brune Brune

Date: 2022.06.23

07:21:40 -04'00'