Attachment D - Sole Source Justification_Redacted.pdf

SOLE SOURCE JUSTIFICATION (SSJ)

UNDER THE SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Agency: Social Security Administration

Contracting Office: Office of the Deputy Commissioner for Budget, Finance, and Management

Office of Acquisition and Grants

Office of Information Technology Acquisition

Division of IT Software & Maintenance

Contracting Officer (CO): Hilton Thompson

Program Office: Office of the Deputy Commissioner for Systems

Office of Systems Operations and Hardware

Engineering

Division of Resource Management and Acquisition

Contracting Officer’s

Technical Representative:

Project Title: Purchase of Liquibase Pro Software

Proposed Contractor: Liquibase (formerly Datical)

Tracking Information: Advanced Procurement Plan (APP) #: DCS-20-131C0__

Relevant current/previous order #: n/a_______________

Purchase Request # 3364-20-1028__________________

Period of Performance: 9/1/2020 – 8/31/2025 (if all option years are exercised)

2. NATURE OF ACTION BEING APPROVED

Type of Action:

__x_ New award

____ Modification of existing award, number ______________________

Contemplated Contract Type:

__x_ Firm fixed-price

____ Time and materials/labor hour

____ Combination

We seek approval of a SSJ to obtain the following:

Solicitation #28321320Q00000447 Attachment D

____ Expansion of mainframe software licensing required for compliance with our license agreement, due to agency mainframe hardware capacity increases.

Since commercial mainframe software companies commonly license software based on the capacity of the mainframe hardware on which we install software, we are responsible for expanding our mainframe software licenses commensurate to the hardware capacity each time we upgrade mainframe hardware.

__x__ Software subscription to Liquibase Pro software

We will solicit a proposal and award a single firm-fixed-price award to Liquibase (formerly

Datical) for a base year and four (4) one-year option periods.

3. DESCRIPTION OF SUPPLIES/SERVICES AND ESTIMATED VALUE

Estimated Value: $

(Base Year) 9/1/2020-8/31/2021: $

(Option Year 1) 9/1/2021-8/31/2022: $

(Option Year 2) 9/1/2022-8/31/2023: $

(Option Year 3) 9/1/2023-8/31/2024: $

(Option Year 4) 9/1/2024-8/31/2025: $

The Social Security Administration (SSA) Office of Systems is seeking a migration-based database version control tool that supports changes to PostgreSQL, Db2 z/OS, Microsoft

SQL Server, and PostgreSQL databases, regardless of where the database resides to integrate within the Modern Development Environment (MDE) Pipeline.

Integrating a migration-based database version control tool into SSA’s MDE Pipeline will automate the delivery of database schema changes, allowing them to deploy at the same time as the application and service code they support. Doing so will help SSA reach its goal of improving the way we do business (Strategic Goal 2: Improve the Way We Do

Business). Deploying our database schema changes in the MDE Pipeline along with the applications and services they support will accelerate how we deliver SSA’s software solutions, modernizing our Information Technology deployment infrastructure to respond to our evolving business needs and adapting to SSA’s agile software engineering methods.

Currently, database schema changes do not deploy automatically within SSA’s Modern

MDE Pipeline. Database administrators (DBAs) must manually review their database schema change scripts for quality assurances and compliance checks, and manually migrate those changes throughout SSA’s software development lifecycle (SDLC). This requires high levels of coordination between application development groups who are deploying their software automatically through the MDE Pipeline and DBAs to make sure the correct database schema is in place at each stage in the SDLC. Human intervention by DBAs slows down the delivery of new software and services deployed within the MDE.

Liquibase Pro, published by Liquibase is a migration-based database management and deployment solution for CI/CD. Based on the market research, it was determined that

Liquibase Pro is the only product that fulfills all technical requirements for the SSA

Enterprise Database Version Control Tool requirement and is capable of meeting all of the end users’ needs. The free and open sourced version of Liquibase is currently in use at

SSA, however, as it is free and open source, no support is available in assisting with the agency’s needs in its ongoing implementation, use, and continued maintenance; therefore it is essential to obtain a fully licensed version of this software.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

41 U.S.C. § 1901, as implemented by the Federal Acquisition Regulation (FAR) 13.5—

“Simplified Procedures for Certain Commercial Items.”

The acquisition is “commercial” in nature, as defined at FAR Section 2.101, and will be solicited using FAR Part 12, as well as the procedures outlined at FAR 13.5.

The basis for restricting competition is that a reasonable basis exists for concluding that the agency’s minimum needs can only be satisfied by:

____ (1) Unique supplies or services available from only one source or only one supplier with unique capabilities

_x__ (2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source

Please note:

__x__ Liquibase is the only Open Market authorized provider of Liquibase Pro licenses and maintenance subscription.

____ There are several authorized Open Market resellers of licenses and maintenance subscriptions.

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS

Liquibase is the copyright holder for Liquibase Pro software. Only Liquibase has the right to issue an enterprise license and has legal access to the proprietary source code necessary to provide software licensing. Licensing for Liquibase Pro software includes a subscription to version upgrades, updates, fixes and patches, as well as telephone technical support for resolving issues. Access to upgrades, updates, and fixes and patches ensures software continues to be compatible with the operating system and is in good working order.

6. EFFORTS MADE TO SOLICIT FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE

____ FedBizOpps Sources Sought/Request for Information was not posted due to this acquisition being for a follow-on subscription renewal/maintenance.

__x_ FedBizOpps Sources Sought/Request for Information #283213220RI0000034 posted from 3/5/2020 to 3/18/2020, and a copy is included in the contract file.

____ FedBizOpps Synopsis of Proposed Contract Action posted from XX/XX/XXXX to YY/YY/YYYY, and a copy is included in the contract file.

__x_ Responses received listed under item 10 below.

____ No responses received.

Based on the results of the posting, as well as market research described in item 8 below, we do not believe there are any entities other than Liquibase with similar capabilities at this time.

7. DETERMINATION BY THE CO THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE PRICE

In accordance with FAR Part 13.106-3(a)(2) as prescribed in FAR Part 12.209, the CO will perform a final price analysis in order to determine the eventual awardee’s proposed price is fair and reasonable.

8. DESCRIPTION OF MARKET RESEARCH

Market Research was performed by the COTR and OAG. Request For Information

#28321320RI0000034 was released on 3/05/2020, with responses due on 3/18/2020. Three responses were received (see section 10 below for details); all three proposed the same software solution, Liquibase Pro by Liquibase.

This software is proprietary. Market research has confirmed that Liquibase is the copyright holder of this software; therefore, the only known source capable of providing the required licenses and maintenance subscription.

Additionally, __x__ We used market research conducted within 12 months of the anticipated award date. Therefore, we consider the information still current, accurate, and relevant.

_x__ When examining whether this is a requirement for Commercial vs Non-

Commercial items, market research helped determined that this requirement involves

_x__ A) Items of a type customarily available in the commercial marketplace;

____ B) Items of a type customarily available in the commercial marketplace with modifications; or

____ C) Items used exclusively for governmental purposes (i.e. not commercially available).

__x__ Market research helped determine

__x__ Customary practices regarding customizing, modifying, or tailoring of items to meet customer needs and associated costs;

_x__ Customary practices, including warranty, buyer financing, discounts, contract type considering the nature and risk associated with the requirement, etc., under which commercial sales of the products or services are made;

____ Requirements of any laws and regulations unique to the item needed;

____ Availability of items that contain recovered materials and items that are energy efficient;

____ Distribution and support capabilities of potential suppliers, including alternative arrangements and cost estimates; and

_x__ Size and status of potential sources (see FAR Part 19).

__x__ Techniques for conducting market research include any or all of the following:

__x__ (i) Contacting knowledgeable individuals in government and industry regarding market capabilities to meet requirements.

____ (ii) Reviewing the results of recent market research undertaken to meet similar or identical requirements.

__x__ (iii) Publishing formal requests for information in appropriate technical or scientific journals or business publications.

_x__ (iv) Querying the government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.contractdirectory.gov/contractdirectory/ and other government and commercial databases that provide information relevant to agency acquisitions.

____ (v) Participating in interactive, on-line communication among industry, acquisition personnel, and customers.

____ (vi) Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources.

____ (vii) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line.

____ (viii) Conducting interchange meetings or holding presolicitation conferences to involve potential offerors early in the acquisition process.

____ Additional information, sources, comments

9. ANY OTHER SUPPORTING FACTS

In accordance with FAR 4.1102, 4.1201, and 9.401, upon selection of an awardee, the CO will examine the System for Award Management in order to make an affirmative determination of the contractor’s responsibility.

10. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION IN

WRITING

The RFI provided three responses; all three vendors quoted Liquibase Pro software by

Liquibase. These respondents included:

- Liquibase (The only Open Market provider of the Liquibase Pro)

- Wildflower International, LTD (A reseller which sells through SEWP)

- 4A Consulting, LLC (A reseller which sells through GSA and SEWP)

11. ACTIONS AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS TO

COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION IS REQUIRED

We will continue to survey the market place by synopsizing our requirement and reviewing product literature and capability statements submitted by the vendor community.

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE

(COTR) AND PROGRAM OFFICIALS’ RECOMMENDATION

AND CERTIFICATION

The COTR and other program officials hereby certify that the information provided in support of the justification for an exception to fair opportunity, and which forms the basis for this justification, is accurate and complete.

7/9/2020

RECOMMEND:

Date

COTR

Information Technology Contracts Branch (ITCB)

Division of Resource Management and Acquisition (DRMA)

Office of Systems Operations and Hardware Engineering (OSOHE)

Office of the Deputy Commissioner for Systems (DCS)

7/14/2020

CONCUR: _______________________________ _______________

Date

Chief

ITCB, DRMA, OSOHE, DCS

CONCUR: 7/14/2020________

Date

Director

DRMA, OSOHE, DCS

CONCUR: /s/ 7/15/2020_________

Associate Commissioner

Office of IT Financial Management and Support, DCS

CERTIFICTION BY THE CONTRACTING OFFICER AND

OTHER CONTRACTING OFFICIALS

The contracting officer and other contracting officials hereby certify that the information provided in support of this justification for an exception to fair opportunity is accurate and complete to the be

RECOMMEND: _ _7/29/20________

Division of IT Software & Maintenance (DITSM)

Office of Information Technology Acquisition (OITA)

Office of Acquisition and Grants (OAG)

CONCUR: 08/04/2020

DITSM, OITA, OAG

CONCUR: 4 August 2020

CONCUR: August 7, 2020

Acting Deputy Associate Commissioner, OAG

CONCUR: 08/17/2020

Associate Commissioner, OAG

08/18/2020

APPROVE:

SSA Competition Advocate

Competition Advocate Review Board (CARB)

Project Title: Purchase of Liquibase Pro Software

Estimated Amount:

Review and discussion occurred: Electronically

For a

__ Limited Source Justification (LSJ)

_X_ Sole Source Justification (SSJ)

__ __Justification for an Exception to Fair Opportunity (JEFO)

CARB Panel Members

General Counsel (or designee)

__ Date: _August 17, 2020

Print Name: _ ___

_X__I concur that the justification is legally sufficient

____ I do not concur that the justification is legally sufficient