EMCSOLE SOURCE NFC.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

National Finance Center

Office of the Chief Financial Officer

U.S. Department of Agriculture

This document contains the justification required by Section 6.3 of the Federal Acquisition Regulations and is submitted in the format specified in Section 6.303-2, Content.

1. Identification

a. Agency

U. S. Department of Agriculture Office of the Chief Financial Officer Information Resource Management Division National Finance Center 13800 Old Gentilly Road New Orleans, La. 70129

b. Contracting Activity

U. S. Department of Agriculture Office of the Chief Financial Officer National Finance Center 13800 Old Gentilly Rd New Orleans. La 70129

2. Action

Acquisition of the requirements set forth herein from the specified source on the basis of other than full and open competition, can only be satisfied by on (1) source (FAR 6.302-1).

3. Description

The U. S. Department of Agriculture has a requirement to acquire software maintenance from COMPUTER ASSOCIATES. (See Attached Software List)

4. Statutory Authority

Section 6.301-1 provides authority when "Only one responsible source and no other supplies or services will satisfy agency requirements." The is the owner of copyright authority for the required software and no other source is known to have authorization for license, maintenance, and technical support of said copyright software.

5. Unique Qualifications

EMC owns the copyrighted software that is required

6. Solicitation

A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a CBD notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

7. Anticipated Cost

The U. S. Department of Agriculture has determined that the anticipated cost to the Government is approximately $200,000 total.

8. Market Survey

The U. S. Department of Agriculture has conducted a market survey and has determined that the software required is copyrighted by EMC and that no other source has been authorized to provide licenses, maintenance and technical support.

9. Acquisition Interest

The U. S. Department of Agriculture has been unable to identify any source offering responsible licenses, maintenance, and technical support for the software required. However we will advertise in fedbizopps our intent to award to EMC for proprietary Software to see if anyone challenges the proprietary nature of the software.

10. Barriers to Competition

The U. S. Department of Agriculture is unable to identify any action, which can be taken to overcome copyright protection to required software.

11. Certification

I certify that the justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

The requisitioner further certifies that the justification verifies the Government's minimum needs or schedule requirements and any rationale used to justify other that full and open competition procedures.

Requisitioner Name & Title

Gary Dukes Date IT Acquisition Coordinator, CRMB National Finance Center Office of the Chief Financial Officer

Contracting Officer Name, Signature, and Date

Date