A2_AOP5-Justification-signed.pdf

AOP5 - Attachment 2 - LIMITED SOURCE JUSTIFICATION

(Pursuant to FAR 8.405-6, orders placed under FSS are exempt from FAR Part 6; however, acquisitions restricting FSS contractors to an item peculiar to one manufacturer, a justification must contain sufficient facts and rationale to justify the use of the authority)

1. Contracting Office: _____________________________________________________ (e.g., POD IT Contracting Branch; NITC RMS; NFC CS Team)

POD

2. Nature of the Action: (Briefly in one or two line describe the action to be approved) The USDA, OCIO, NITC requires authority to renew the software maintenance and technical support of commercial-off-the-shelf (COTS) Core Logic Flood Insurance Rate Map Data v2015 (site license) software. CoreLogic is the proprietary owner of the list software. CoreLogic provides maintenance and technical support services for active licenses.

3. Description of the (Provide a description of the supplies and services to be acquired)

Supplies or Services:

The NITC requires this software maintenance and technical support of these products for the on-going support in order to support the NITC’s mission of providing information technology (IT) services to its customer agencies. It is necessary to renew the software maintenance and technical support of the Core Logic software in order to operate with immediate access to technical support if required. Renewing the software maintenance and technical support for the Core Logic software will provide that access.

Additionally the new software products (Flood Insurance Rate Map Data v2015 (site license)) are required as part of the migration of the FEMA NFIP (National Flood Insurance Program) and are the specific products needed to ensure a successful migration into production (no substitutes will work).

NITC requires software licenses and maintenance for the following groups of Core Logic Software offerings:

Core Logic Software products

4. Estimated Cost and (Provide the estimated cost for the contract base and option years, and the Period of Performance: contract period of performance) The acquisition cost of Core Logic maintenance is rough order of magnitude IGE using FY17 costs for a Base Year:

FY17

Base 04/01/17 to

03/31/18 (12 months)

$180,000 The IGE is based on the product list as of 5/18/16 and includes the FEMA requirements, these may change with the product renewal review process.

5. Supporting Rationale (Check the applicable authority and the provide details to support the rationale) Item Peculiar to One Manufacturer (Brand Name)

(A brand name item, product or feature of the product peculiar to one manufacturer, whether available from one or more FSS is an item peculiar to only one manufacturer)

a) Explain why the particular brand name, products or features of the product from one source can only satisfy the specialized nature of the Government’s requirement. Attach a list of the brand name products (Note:

Explaining the products capability or process is not adequate rationale).

AN EQUAL OPPORTUNITY EMPLOYER

This acquisition is for Core Logic software maintenance and per FAR 8.405-6(b) this brand name justification is to document why one manufacture, Core Logic, brand is peculiar for the renewal acquisition. COTS software products are copyrighted by their developers, and that no other source is authorized to provide the licenses, maintenance, and technical support for this proprietary software.

b) If applicable, explain the contractor’s unique qualifications to provide the supplies or services.

c) List other companies’ similar products and explain why the products lacked the particular features, do not meet or cannot be modified to satisfy the Government’s requirement.

A substantial duplication of cost to the Government would be required to replace these products and the cost of the effort would not be expected to be recovered through competition with non- Core Logic products.

The NITC requires this software maintenance and technical support of these products for the on-going support in order to support the NITC’s mission of providing information technology (IT) services to its customer agencies. It is necessary to renew the software maintenance and technical support of the Core Logic software in order to operate with immediate access to technical support if required. Renewing the software maintenance and technical support for the Core Logic software will provide that access.

Additionally the new software products (National Flood Insurance Program) are required as part of the migration of the FEMA NFIP (National Flood Insurance Program) and are the specific products needed to ensure a successful migration into production (no substitutes will work).

Core Logic is the proprietary owner of these software products. As licensed products, this software is proprietary and has various legal restrictions for use and maintenance. Only the software developer has the rights to the source code. The source code is required to make changes and corrections to the software. No other source is authorized for license, maintenance, and technical support of this proprietary software. In addition, only the developer has the expertise to provide the maintenance required for the software. Without the renewal of support, the NITC and our customers will no longer have access to software upgrades and bug fixes cause the systems to be vulnerable.

New Work (Logical Follow-on for continued development or production of a major system or highly specialized equipment. The original FSS order was not issued under the limited source or sole source procedures)

a) Explain why the supplies are deemed available from only the original source for the continued development or production of a major system or highly specialized equipment, including major components.

b) If an award to any source other than the original source for the continued development or production of a major system or highly specialized equipment, including major components:

1. Explain the substantial duplication of cost to the Government that is not expected to be recovered through competition, OR

2. Explain the unacceptable delays in fulfilling the agency’s requirements Urgent and Compelling Need

(Explain the extent of serious injury in financial, data or other effects to the Government if the award is delayed.

Note: Urgency is not the result of poor acquisition planning)

6. Best Value: (The Contracting Officer will explain how the order represents the best value FAR 8.404(d))

AOP5 - Attachment 2 - LIMITED SOURCE JUSTIFICATION

Per FAR 8.405-(c), the NITC plans to use existing GWACs such as GSA Schedule 70 or NASA SEWP and issue an RFQ on the appropriate GWAC site available to all authorized resellers of PITNEY BOWES software maintenance. GWACs such as GSA Schedule 70 or NASA SEWP have already determined the pricing was fair and reasonable. NITC assumes in order to determine the price as fair and reasonable, the Contracting Officer will rely on historical PITNEY BOWES data which USDA has had paid for past several years via USDA Delivery Orders. Furthermore these Software licenses are priced on Core Logic’s federal supply schedule contract with GSA. By comparing GSA Schedule prices and USDA’s historical USDA delivery order pricing (which is discounted from the GSA Schedule) over several years can be used by the Contracting Officer to confirm the pricing to fair and reasonable.

7. Market Research: (Explain market research conducted among FSS holders and the findings or why it was not conducted, FAR 10)

Per FAR 8.405-(c), the NITC plans to use existing GWACs such as GSA Schedule 70 or NASA SEWP and issue an RFQ on the appropriate GWAC site available to all authorized resellers of Core Logic software maintenance.

The following are the costs for FY15 renewals being incorporated together for FY16:

Primary of contact at Core Logic are:

- Client Manager: George Gallagher - ggallagher@corelogic.com

8. Other Supporting Facts: (Explain or attach any other information to support the use of the authority)

9. Competition Barrier: (Explain actions taken or to be taken to increase competition for future acquisition of the same supplies or services such as: will the Government revise overly technical specifications/SOWs, acquire data rights and drawings) The NITC does anticipate the CO will advertise RFQ on the appropriate GWAC RFQ site.

Since all licensed products are listed federal GWACs, the NITC does not anticipate a need to advertise its intent to acquire this maintenance and technical support on a sole source basis per FAR 8.405-6(b). Core Logic is the software publisher and sole provider of software support for these products. Competition appears to be limited through the life of the current product, but future procurements will continue to perform market research in attempts to maximize competition.

AN EQUAL OPPORTUNITY EMPLOYER

CERTIFICATION:

I certify that the information for this requirement meets the Government’s minimum and the justification is accurate and complete to support the acquisition for the justification.

Program/Project Manager Division Date

To the best of my knowledge and belief, I certify that the data supporting this justification is accurate and complete to support the acquisition for the justification.

Contracting Officer Date

Chief, Contracting Branch Date

DECISION OF THE APPROVING OFFICIAL:

Approved:

Disapproved:

Approved Subject to the listed conditions:

Conditions:

Approving Official Signature Date

DANIAL MC CORD

Digitally signed by DANIAL MC CORD DN: c=US, o=U.S. Government, ou=Department of Agriculture, cn=DANIAL

MC CORD, 0.9.2342.19200300.100.1.1=12001001211091

Date: 2017.03.23 10:24:53 -05'00'

John Paul Flores 03/23/2017