A17_JOFOC.pdf

United States Department of the Interior Appraisal and Valuation Services Office

One Denver Federal Center, Bldg. 46, Suite 102

Denver, CO 80225

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

AUTHORITY: FAR 6.302, 41 U.S.C. 253(c)

PR #_____ 40399420 _________

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements by FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition for the Department of the Interior, Appraisal and Valuation Services Office, Land Buy-Back Program (LBBP) and the OST Regional Offices.

2. Nature and/or description of the action being approved.

New contract for the AgWare Software Maintenance that will include a base year and 4 option years.

Contact info:

AgWare, Inc.

Lisa Evans

UAAR 605.787.7871

MGR 605.791.4872

lisa.evans@uaar.net https://uaar.net/

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

31 Software License Maintenance – AgWare forms and DataLog. Software is currently installed on machines

4. An Identification of the statutory authority permitting other than full and open competition.

□ X FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. 41 U.S.C. 3304(a)(1)

□ FAR 6.302-2 -- Unusual and Compelling Urgency. 41 U.S.C. 3304(a)(2)

□ FAR 6.302-3 -- Industrial Mobilization; Engineering, Developmental, or Research

Capability; or Expert Services. 41 U.S.C. 3304(a)(3)

PR #____ 40399420 ______________

□ FAR 6.302-4 -- International Agreement. 41 U.S.C. 3304(a)(4)

□ FAR 6.302-5 -- Authorized or Required by Statute. 41 U.S.C. 3304(a)(5)

□ FAR 6.302-6 -- National Security. 41 U.S.C. 3304(a)(6)

□ FAR 6.302-7 -- Public Interest. 41 U.S.C. 3304(a)(7)

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

The AgWare software package is used specifically for the generation of individual reports for the Native-American Regional Appraisal activities. The following description is detailed on the vendor website

1. AgWare® has rural appraisal software consisting of two integrated components:

2. DataLog – the database for managing and analyzing comparable sales.

3. ClickForms – the appraisal report generator that features the Uniform Agricultural

Appraisal Report (UAAR®) and the Uniform Country Residential Report (UCRR®) formats, narrative-style word processing, and more than 300 forms.

4. There are a number of proprietary forms such as the UAAR and UCRR, that are contained within the AgWare form set used by AVSO. These proprietary forms are relied upon by both the AVSO and the clients of the AVSO to complete the various appraisal assignments. There are no known substitutes for these forms.

5. DataLog is the OST standard for collecting and retrieving data from a central data repository. The DataLog is integrated into the broader OST enterprise network including OASIS and the Enterprise GIS. Replacing these integrations would be extremely expensive with no guarantee of systems compatibility.

6. Finally, replacing AgWare would require extensive retraining of all staff and would cause a major disruption in schedule which is critical to the OST.

7. The replacement of AgWare would be detrimental to the uninterrupted day to day operations and cost prohibitive to integrate a new program at this juncture.

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.

Market research was conducted in accordance with FAR Part 10.000 to determine potential sources for acquiring the required services. The Appraisal and Valuation Services Office previously reviewed a list of potential GSA schedule holders that offer valuation services.

We have checked with multiple appraisal form vendors as listed below. There are no known vendors, including these below, that offer the specific agricultural forms, enterprise integration such as GIS, or offer enterprise date input/output of DataLog.

A La Mode

ACI

Bradford Technologies HomePuter

7. A 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(s) will be fair and reasonable based on previous purchases for the same product and the IGCE.

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

End User had checked with multiple appraisal form vendors as listed below. There are no known vendors, including these below, that offer the specific agricultural forms, enterprise integration such as GIS, or offer enterprise date input/output of DataLog.

A La Mode

ACI

Bradford Technologies HomePuter

9. Any other facts supporting the use of other than full and open competition; such as:

(i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition have not been developed or are not available.

(ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

(iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

DataLog is the OST standard for collecting and retrieving data from a central data repository.

The DataLog is integrated into the broader OST enterprise network including OASIS and the Enterprise GIS. There are no known vendors, including these below, that offer the specific agricultural forms, enterprise integration such as GIS, or offer enterprise date input/output of DataLog.

Replacing these integrations would be extremely expensive with no guarantee of systems compatibility. Replacing AgWare would require extensive retraining of all staff and would cause a major disruption in schedule which is critical to the OST. The replacement of AgWare would be detrimental to the uninterrupted day to day operations and cost prohibitive to integrate a new program at this juncture.

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

No vendors have expressed interest.

11. A statement of any 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.

There are no known vendors, including the ones listed above, that offer the specific agricultural forms, enterprise integration such as GIS, or offer enterprise date input/output of DataLog.

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

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

Title (Contracting Officer) Date

13. Requirements personnel certification.

I certify that the technical data which forms a basis for this justification is complete and accurate and meets the Government’s minimum needs.

Title (Program Office) Date

14. Reviews and Approvals

Concur

Title (Chief of Contracting) Date