Exari_Brand_Name_Limited_Source_Justification.pdf

JUSTIFICATION AND APPROVAL – SIMPLIFIED ACQUISITION PROCEDURE

FOR

OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Office:

U.S. Department of Agriculture ITS Contracting Branch 2150 Centre Avenue. Building A, Suite 145 Fort Collins, Colorado 80526

2. Description of Action:

Requirements: New Repeat Pricing: Firm-Fixed Price Time & Materials Cost

3. Name/Address/Phone number of Suggested Contractor:

Exari Systems 745 Boylston Street Boston, MA 02116 P: +1 (617) 938 3777 F: +1 (617) 314 7770

4. Description of the Supplies or Services:

This requirement is for the renewal of Exari Document Assembly Software subscription and support. Estimate value: $147,000.00.

5. Authority Cited: (Check one authority that applies)

Only one responsible source and no other supplies or services will satisfy the agency requirements: (10 USC 2304(c)(1) or 41 USC 253(c)(1); FAR 6.302-1).

Brand Name Requirement (FAR 6.302-1(c)) Unusual and compelling urgency: (10 USC 2304(c)(2) or 41 USC 253(c)(2); FAR 6.302-

2).

Industrial mobilization, engineering, developmental, or research capability; or expert services:

(10 USC 2304(c)(3) or 41 USC 253(c)(3); FAR 6.302-3).

National Security: (10 USC 2304(c)(6) or 41 USC 253(c)(6); FAR 6.302-6).

International agreement: (10 USC 2304(c)(4) or 41 USC 253(c)(4); FAR 6.302-4).

Sole source acquisition of certain commercial items under the test program: (41 USC

428(a);

Section 4202 of the Clinger-Cohen Act of 1996; or FAR 13.501(a)(1)(ii)).

Federal Property and Administrative Services Act of 1949: (40 USC 501, Section 201;

FAR 8.405-6).

6. Reason for Authority Cited: (State why this is the only source to provide the required supplies or services)

United States Department of Agriculture

Office of the Assistant Secretary for Departmental Management

Management Services

Procurement Operations Division

Reporters Building 300 7th Street, SW, Suite 353 Washington, DC 20024

Services can only be provided from the original source as this is a follow-on requirement for the continued provision of highly specialized services.

Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

Supplies or services are needed immediately to satisfy mission requirements.

Supplies required are a brand-name product or item peculiar to one manufacturer.

a. Justification as to why the use of brand name descriptions is essential to the Government’s requirements.

This requirement is for the subscription/support renewal of 10 concurrent user licenses and 3 Power Authors of Exari Document Assembly Automation software. This renewal is critical for the Government to continue to utilize the software as well as receive patches and updates to the software to ensure it is current and operating fully in support of Government Systems. This software is imperative for the Rural Development to provide support to their constituents. Only genuine renewal of Exari software will fulfill this requirement. This software has been tested and is currently in use on Government Systems. Use of a different product would create duplicate costs to the Government including but not limited to the following: testing of replacement software, removing current software from existing Government systems, installing new product on Government systems which would require extensive coding changes, ensuring new product works seamlessly with current Government infrastructure and processes, retraining of Government employees on the use and management of the replacement product. Non-direct cost would also include RD not being able to meet their organizational mission to provide direct support to their constituents.

Additional Information:

a. What harm will come to the Government if the desired supplies or services are not provided on time?

b. What harm will come to the Government if the desired contractor does not receive the award?

7. Action to Increase Competition: N/A

8. Market Research/Survey:

Market research was conducted to determine the availability of Exari products in the US market.

Research shows that Exari products, including the required renewal, are available for purchase from Exari. Exari partners were also identified during research. The requirement will be posted at FBO providing fair opportunity for this brand name requirement.

9. Procurement History:

Previous Contract Number: AG-31ME-C-10-0027 Previously Competed: N/A No Yes

Previous Authority for Other Than Full & Open Competition:

CERTIFICATIONS:

10. Technical Certification: (I certify that the supporting data under my cognizance included in this

Justification are accurate and complete to the best of my knowledge and belief)

Technical /Program Official Signature: ____________________________________

Position Title (Division Chief, higher): Director, Technology Support and Standards Compliance Division Email: kathy.anderson@stl.usda.gov

11. Fair and Reasonable Cost Determination: (I hereby determine that the anticipate cost for this proposed contract action will be fair and reasonable)

Justification Approved Justification Disapproved

Contracting Officer Signature: _____________________________________ Date: ______________ mailto:kathy.anderson@stl.usda.gov Josh.Tafoya Typewritten Text X

Josh.Tafoya Typewritten Text 03/28/2014