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:

Contracting Office:

Contracting Officer (CO):

Program Office:

Technical Representative:

Project Title:

Proposed Contractor:

Tracking Information:

Period of Performance:

Social Security Administration

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

Hilton Thompson

Office of the Deputy Commissioner for Systems

Office of Systems Operations and Hardware

Engineering

Division of Resource Management and Acquisition

Subscription to Micropact/Iron Data Disability Tracking

Software

Tyler Technologies Inc. (formerly Micropact)

Advanced Procurement Plan (APP) #: ITS-21-00001

Relevant current/previous order #: 28321320P00050015

Purchase Request # 3303-21-1007

11/01/2020 10/31/25 (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 systems is critical. The Iron Data St Louis Case Processing System is also used to track the quantity of medical assessments performed by Medical Consultants and provides this data to the Contracting Officers Technical Representative (COTR) to facilitate the correct payments to contractors who are paid on a monthly basis.

The subscription for Micropact/Iron Data Disability Tracking software includes updates, fixes and patches, as well as online and telephone technical support, allowing the software to remain operational in a changing environment.

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.

As prescribed in 13.106-2(b)(2), the requirements at FAR 13.501(a) apply to sole-source (including brand name) acquisitions of commercial items conducted pursuant to subpart 13.5.

The basis for restricting competition is that a reasonable basis exists for concluding that the ly be satisfied by:

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

(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_ Tyler Technologies, Inc. is the only Open Market authorized provider for subscription to Micropact/Iron Data Disability Tracking software.

There are several authorized Open Market resellers of Software Company Inc.

licenses and maintenance subscriptions.

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS

Tyler Technologies Inc. is the copyright holder and the only authorized seller for Micropact

Iron Data Disability Tracking software. Only Tyler Technologies Inc. has the right to issue an enterprise license for this software. Software subscription includes version upgrades, updates, fixes and patches, as well as telephone support for resolving issues.

Continued subscription of these products is essential. Access to upgrades, updates, and fixes and patches ensures software continues to be compatible with the operating system and is in good working order. Any interruption to subscription can severely affect our service to the public.

This software is used by medical consultants in the process of reviewing disability cases. If the software is discontinued, they would no longer be able to process cases and the American public would have to wait longer to have their case processed by

SSA.

It is expected that this software will fit into SSA's long-range plans based on the critical need for claims adjudication, opening and closing of electronic disability cases, medical assessments and disability determinations.

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

PRACTICABLE

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

FedBizOpps Sources Sought posted from XX/XX/XXXX to YY/YY/YYYY, 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.

Responses received listed under item 10 below.

No responses received.

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 12.209, the CO will perform a final price analysis in order to determine the price proposed by eventual awardee is fair and reasonable.

8. DESCRIPTION OF MARKET RESEARCH

These software products are proprietary products licensed to the agency. Market research has confirmed that Tyler Technologies Inc. is the copyright holder of this software; therefore, the only known source capable of providing the required software subscription is Tyler

Technologies Inc.

Tyler Technologies Inc. has no authorized resellers for this software.

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

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;

_X_ 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).

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

(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.

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

_ (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

Presently the most efficient and effective approach known to the government is to continue to use Micropact Iron Data Disability Tracking as a software solution and renew subscriptions, as replacing our current Micropact Iron Data Disability Tracking suite of software products with other software products;

May be technically impossible in some instances;

Will require running dual programs and applications that may interfere with integrated network management and data exchange;

Will take time, we estimate up to several years, to replace currently installed software effectively, which will of necessity require not just installation of the software, but also extensive re-training of staff

While the agency has not ruled out replacing the software at some point in the future, the time, expense, and performance risk to the agency of implementing a replacement must be factored into our long term IT modernization plans. Therefore, it is determined to be in the best interest of the government not to pursue such a replacement undertaking at this time.

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

10. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION IN

WRITING

No other sources have expressed an interest in this acquisition.

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.