A07 JOFOC_Final_Redacted.pdf

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

Feith Systems and Software Maintenance Support

1. Identification of the agency and contracting activity.

Requiring Activity/ Program Office:

Defense Counterintelligence Security Agency (DCSA) Office of the Chief Information Officer (OCIO) 27130 Telegraph Road Quantico, VA, 22134

Contracting Activity:

DCSA- Contracting and Procurement Office (CPO) 27130 Telegraph Road Quantico, VA, 22134

2. The nature and/or description of the action being approved.

The purpose of this requirement is to provide annual maintenance support for Feith systems and software.

This requirement will support the integration and automated records and document management solutions that ensures both electronic and physical records are acquired and administered within DCSA.

This is a Sole Source, firm fixed price (FFP), new contract award. The contractor is Feith Systems and Software, Inc., based at 425 Maryland Drive, Fort Washington, Pennsylvania, 19034-2501. UEI:

HXLKB5PUEUM7; CAGE: 0JWE6. The NAICS code is 513210 - Software Publishers. The small business size standard associated with this NAICS code is $47M.

3. Description of the supplies/services required to meet agency’s need.

The current contract, Army Inter-agency Agreement (IAA) W904TE-23-F-3048, was awarded using competitive procedures, which is the base contract for the current BridgeLogiQ RMA iQ application software. This IAA contract does not include the maintenance support required for the current application software. In an effort to streamline procurement actions, OCIO is in the process of transitioning several IAA contracts to CPO, which includes this current contract. Because of this transition, the current IAA agency is not awarding a similar contract for Feith maintenance in support of the RMA iQ application software.

The BridgeLogiQ RMA iQ application software provides DOD CAF with a fully integrated and fully-automated records and document management solution that ensures both electronic and physical records are acquired and administered in compliance with Federal regulations. DCSA requires maintenance support for this application software to provide software updates, bug fixes, technical support, and operational sustainment in support of the DOD adjudications and insider threat missions. BridgeLogiQ RMA iQ application software was developed by Feith Systems and Software, Inc. Feith is the manufacturer and provides maintenance support for all Feith products, and no other company is authorized or certified to provide its maintenance support. There are no third-party companies or authorized resellers that provide this software or maintenance support. Upgrades and maintenance to the software are provided under a Technical Support and Maintenance Agreement can only be offered by Feith.

The agency currently utilizes Feith software in support of OCIO operations and enterprise-wide system infrastructure to process large amounts of data produced by various directorates and internal components.

Feith software is used on a daily basis by the agency at large for analytics support to DCSA management and beyond.

This purchase is for a base period of 12 months with the period of performance of September 25, 2024 to September 24 2025. The estimated base cost of this acquisition is .

4. 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) as implemented by the Federal Acquisition Regulation (FAR) 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services.

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

In August of 2023, Feith Systems and Software, Inc. (Feith) was contracted to provide product and integration support software for the DCSA Non-Secure Internet Protocol Router (NIPR) records management application. Feith evaluated the DCSA environment and assisted with identifying the data that is included in the records management and FOIA system. Feith integrated and migrated the appropriate data sources to work with DCSA IT in developing Cloud plans to manage the electronic document management process. Once the discovery and analysis of the environment and information was completed, Feith assisted with building appropriate workflows and developing mandatory audit procedures. This allowed DCSA DOD CAF to support expanded information technology (IT) capabilities using a fully-integrated and fully-automated records and document management solution that ensures both electronic and physical records are acquired and administered. Feith Systems and Software, Inc. provided BridgeLogiQ RMA iQ licenses and support services for the DCSA DOD CAF licensing for a records management and Freedom of Information Act (FOIA)/ Privacy Act (PA) solution.

IAW the procedures in FAR Subpart 13.5, Feith is a unique sole source vendor that is the sole developer, manufacturer and distributor of BridgeLogiQ RMA iQ application software. The sole source justification will follow the format at FAR 6.303-2 and will be modified to reflect that the procedures in FAR subpart were used per FAR 13.501(a)(ii). Feith is the only vendor capable of providing maintenance support to satisfy mission requirements. The required specifications for the Feith system to operate are unique to Feith software and the underlying hardware which was installed in August of 2023. Feith is the only distributor of the Feith Maintenance Support; there are no authorized resellers. Implementing any other maintenance support other than Feith’s would not be compatible with DCSA’s current records management application putting at risk current network operations. In addition, using another records maintenance support would void any warranties for the current RMA software.

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.

To determine if there are other sources capable of satisfying the agency’s requirements, the Contract Specialist issued a Request for Information (RFI) on SAM.gov. on August 6, 2024. In addition, the Contract Specialist contacted an approved re-seller who was listed on NASA SEWP for Feith Systems and Software.

The Contract Specialist also contacted a Contractor that was listed on the Interested Vendors List located on the Opportunity Details RFI posted on SAM.gov prior to the RFI closing date. A Notice of Intent for Feith Annual Maintenance Support will be publicized IAW FAR subpart 5.201(b)(1)(i). See Section 8 below for more information on the research and results.

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

Prices on Feith’s Authorized Federal Acquisition Service Information Technology Schedule Pricelist are determined to be fair and reasonable at the contract level. All required items, with the exception of open market items, have been verified on Feith’s GSA pricelist and are available for purchase. Open market items will be reviewed by obtaining copies of sales receipts within the last 18 months for the same items sold to other government/non-government customers. Based on the one received RFI, the alternative solution for the Feith Software Maintenance Support is to replace Feith’s existing system with a similar Records Management Application System.

Quotation shall be evaluated to ensure technical acceptability and fair and reasonable pricing. For price analysis, the Government will utilize the techniques within FAR 15.404-1(b) to ensure a fair and reasonable price is obtained. Of note, the Contracting Officer will utilize FAR 15.404-1(b)(iv), comparison with competitive published price lists, given that a majority of the items are priced under the vendor’s federal supply schedule.

8. A description of the market research conducted (FAR part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted through a review of NASA SEWP (https://www.sewp.nasa.gov/index.shtml) and GSA catalog (https://www.gsaadvantage.gov). In reviewing NASA SEWP, it was determined that while Feith does offer certain products through NASA SEWP, annual maintenance is not offered through this vehicle. In reviewing the GSA FSS catalog, the only vendor that offers annual maintenance through this vehicle is Feith Systems and Software, Inc.

(Feith). Market research was also conducted through a review of DOD ESI and Army CHESS-IT and was determined that neither vehicle offer Feith products.

Market research was also performed by reviewing the procurement history. U.S. Army IAA contract W904TE-22-D-2017 was awarded to manufacture and provide product and integration support for the DCSA Non-Secure Internet Protocol Router (NIPR) records management application. The BridgeLogiQ RMA iQ application software was developed by Feith Systems and Software, Inc. To confirm OCIO’s market research that Feith is the only provider, Feith was contacted via email. Feith responded and stated that upgrades to the software are provided under the Technical Support and Maintenance Agreement and can only be offered by Feith Systems. As the software manufacturer, Feith appears to be the only provider of maintenance for their products and do not have any authorized or certified resellers to provide the required maintenance.

A Request for Information (RFI) issued on SAM.gov by the Defense Counterintelligence and Security Agency (DCSA). The purpose of the RFI was to determine if there are alternative solutions that can provide the software and maintenance required to seamlessly integrate and automate records and document management to ensure electronic and physical records are acquired and administered IAW DoD 5015.2 to meet DCSA’s mission. The Government received three responses from the RFI. One written response was received from which proposed an alternative Records Management System.

Through market research it was determined that the alternative Records Management System is not compatible with OCIO’s current RMA software system. The second response was received from and stated Feith does not quote to re-sellers for software maintenance and consequently, did not submit an RFI. The third response was emailed from that stated they will not be submitting an RFI at this time.

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

Having a standard equipment baseline provides value for DCSA. To introduce another brand of network software into the organization could put at risk network operations due to possible incompatibility issues.

OCIO and CPO conservatively estimated to procure the underlying Feith RMA software would be in excess of $3M. This includes maintenance support, which integrates and automates records and document management, replacement of existing hardware, migration of data, integration with network dependencies, administrative requirements, and training. If a new solution is introduced, substantial training would be required for a number of employees under multiple Directorates (system administrators, developers, operators, etc.), and possibly up to 12 months or more for integration of the software. It would require an undetermined amount of time and cost for developers to rewrite those applications, as well as time for testing and changes after the new hardware is in place.

In addition, DCSA’s need for continued reliability and standardization with the use of Feith software will lead to minimal downtime due to the proven reliability, quality, and standardized maintenance, all of which are essential elements that enhance efficient and effective operations. This is especially true of Information Technology (IT) products and services where the risk of an exponential increased cost is very high in the event of any downtime. The productivity of an agency’s work is extremely dependent on the reliability of its IT support operations.

At this time, the use of any other products could harm the agency by causing severe disruption of interoperability and greatly increase the chance for impeding the agency’s mission. It would not be timely or economically sound to invest and change to another business intelligence software where the implementation risks are unknown.

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

Global Solutions Group, Inc. submitted a written RFI which proposed an alternative Records Management System that is not compatible with OCIO’s current RMA software system.

Software Information Resource Corporation (SIRC) emailed stating Feith does not quote to re-sellers for software maintenance and consequently, did not submit an RFI.

Patriot Allied Solutions emailed and stated they will not be submitting an RFI at this time.

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 the supplies or services required.

The Government will continue to research the commercial marketplace and explore alternative software solutions to determine whether additional products or solutions are available that can meet the agency’s needs.

12. Certification:

Technical Requirements Owner - Program Official:

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

Program Official

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer

Competition Advocate:

I certify that the use of the authority cited herein, which form the basis for this justification, is appropriate and in the best interest of the government. Since this effort exceeds $750,000 but not exceed the $15 million threshold, this certification serves as approval.

Competition Advocate