AOP5-Justification_and_Approval.pdf

OTHER THAN FULL AND OPEN COMPETITION JUSTIFICATION

(Pursuant to FAR 6.303-2, the justification must contain sufficient facts and rationale to justify the use of this authority)

1. Contracting Office: _____________________________________________________

USDA-POD FORT COLLINS

2150 Centre Ave Building A Suite 145 Fort Collins, CO 80526

2. Nature of the Action:

Justification for other than full and open competition in regards to EXARI software license for USDA National Information Technology Center and USDA Rural Development. This software is a commercial off the shelf item which has been altered to fit the requirements of USDA Rural Development.

3. Description of the Supplies or Services:

Subscription/Support renewal of 10 concurrent user licenses and 3 Power Authors of EXARI Document Assembly Automation Software

4. Estimated Cost and $875,000.00 Period of Performance:

Base Contract: 04/01/2015 – 03/31/2016 Option Year 1: 04/01/2016 – 03/31/2017 Option Year 2: 04/01/2017 – 03/31/2018 Option Year 3: 04/01/2018 – 03/31/2019 Option Year 4: 04/01/2019 – 03/31/2020

5. Statutory Authority and

Supporting Rationale

Only One Responsible Source {41 USC 253(c)(1), FAR 6.302-1} (Explain the unique capabilities or why the particular brand name, products or features of the product can only satisfy the specialized nature of the Government’s requirement. Attach a list of the brand name products. 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, e.g., limited data rights, patent rights, copy rights, secret processes) This is a requirement for EXARI subscription for a version of EXARI that was created in 2008. EXARI subscriptions and software are only sold by EXARI and their partners. However, their partners are only able to sell current year subscriptions (2015) and since this is software from 2008 the partners are not able to meet the specifications of this requirement. 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 the renewal of genuine 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

AN EQUAL OPPORTUNITY EMPLOYER

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.

6. Competition Effort: Market research was conducted to include reviewing contract holders with

GSA, NITAAC and NASA SEWP compared to the EXARI website partner list; however no partners were able to fulfill this requirement, due to its unique modification of an existing product. After discussions with EXARI, the contracting officer was informed this is 2008 software that EXARI is servicing in order to stay compatible with current computer systems and EXARI allows partners to only sell current versions of EXARI software. This procurement will be posted to Federal Business Opportunities post award. The contracting officer will continue to perform market research to determine commercial capabilities or advancements in technology and software that can meet or exceed the Government’s requirements.

7. Fair & Reasonable Cost: EXARI does not maintain a published price list as their products/services are tailored to the client’s requirement and pricing is negotiated independently, per agreement. Comparable commercial product/service pricing is not available; however, the FDA utilizes a similar EXARI application with slightly higher usage than USDA and pays an annual fee of $211K compared to the proposed rate of $161K.

In addition, as represented by EXARI, the increase from the prior year reflects a 10% escalation factor which is their standard commercial pricing practice and falls within the range of reasonable escalation factors for software maintenance and support. Based on the above, pricing can be determined fair and reasonable.

8. Market Research: The contracting officer and contracting officer’s technical representative conducted market research to determine the availability of EXARI products in the US market. The contracting officer held discussions with EXARI and EXARI partners which provided the research to show that EXARI products, including the required 2008 renewals, are only available for purchase from EXARI. EXARI partners were identified during research, but due to the fact that this is a 2008 software version they are not able meet the specifications of this requirement. The Justification will be posted at www.fbo.gov.

9. Other Supporting Facts: N/A

10. Interested Sources: Based on the market research conducted, no additional firms were identified that can provide EXARI software maintenance and support since the software is proprietary.

11. Competition Barrier: The contracting officer will continue to perform market research to determine commercial capabilities or advancements in technology and software that can meet or exceed the Government’s requirements. In addition, the Government will consider revising specifications from brand name to brand name or equal to foster competition.

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

William.VanStockum Typewritten Text 26 Mar 2015

William.VanStockum Typewritten Text 26 Mar 2015

William.VanStockum Typewritten Text For KM

Richard.Jiron Typewritten Text 4/02/2015

Richard.Jiron Typewritten Text 4/02/2015