A16_JOFOC_-_Flowcal_Subscription_1.pdf

EXCEPTION TO FAIR OPPORTUNITY

JUSTIFICATION & APPROVAL

(Limited Sources <$250,000)

I. Agency & Contracting Activity.

Requiring Activity/Organization:

Department of Interior Bureau of Land Management

Contracting Activity:

Department of Interior Bureau of Land Management Amarillo Field Office 801 S Fillmore St, Suite 500 Amarillo, TX 79101

II. Nature and/or Description of the Action Being Approved.

The action required is purchase of an annual Flowcal™ software, by Quorum, subscription. The existing subscription has expired and needs to be replaced. The vendor does not have any resellers for the software.

III. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

The Flowcal™ software is part of the IT infrastructure for BLM’s helium pipeline. It stores measurement data from custody meters on the pipeline and generates reports of that data. An annual client/server gas subscription including maintenance and support is required.

IV. Statutory authority permitting other than full and open competition.

Use ONE of the following statutory references:

For Simplified Acquisition Procedures:

__X__ FAR 13.106 (b) Soliciting from a Single Source. (1) For purchases not exceeding the simplified acquisition threshold. (i) Contracting officers may solicit from one source if the contracting officer 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).

_____ FAR 8.405-6 (a)(1)(i) Limited Sources

_____ FAR 16.505(b)(2)(ii)(A) Exception to fair opportunity

For GSA Procurement:

_____FAR 8.405-6(a)(1)(i)(A) An urgent and compelling need exists, and following the procedures would result in unacceptable delays

____ FAR 8.405-6(a)(1)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized _____ FAR 8.405-6(a)(1)(i)(C) In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures _____ FAR 8.405-6(b) Items peculiar to one manufacturer

For IDV Task/Delivery Order Procurement:

_____FAR 16.505(a)(4) Items peculiar to one manufacturer, when particular brand-name, product, or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs.

_____ FAR 16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

_____ FAR 16.505(b)(2)(i)(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

_____ FAR 16.505(b)(2)(i)(B) Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

_____ FAR 16.505(b)(2)(i)(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

_____ FAR 16.505(b)(2)(i)(D) It is necessary to place an order to satisfy a minimum guarantee.

V. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The original development and installation of the software was competed. To develop and integrate a replacement into the system would be very expensive. It is determined that Flowcal, now Quorum is the sole provider and distributor of their proprietary software. Renewal of previously competed and now integrated software is required to sustain critical BLM operations.

VI. 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. (only required for Open Market)

The original development and installation of the software was competed. The vendor has no resellers.

VII. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable and represent best value.

The requirement was competed and awarded in December 2014 to FlowCal, Inc. under contract No.

L15PX00072. The subscription was renewed again in December of 2017 under contract No. 140L0619P0001. This historical data was used to develop an independent government cost estimate.

VIII. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

The original development and installation of the software was competed. The vendor has no resellers. The requirement is for commercial software maintenance renewal.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P55_9280 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/05.htm#P66_10439

IX. Any other facts supporting the justification.

N/A

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

Quorum Business Solutions, Inc.

XI. 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 original development and installation of the software was competed.

XII. Requiring official’s certification that the justification is accurate and complete to the best of their knowledge and belief.

XIII. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

FAR 6.303-2(a)(12).

APPROVED:

Mark Welch Requiring Official

Emmett Larson Contracting Officer file:///C:/Users/drozmiarek/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/far/Far06.doc%23b63032