Catalogic_Sole_Source_Final_-_FY_19_3.pdf

NATIONAL ACQUISITIONS SECTION

Justification for Other than Full and Open Competition

1. Identification of the Agency and the Contracting activity – U.S. Department of Justice, Bureau of Prisons, Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section.

Requiring Office: Office of Information Technology (OIT), Central Office Network Administration Section.

2. Nature and/or Description of Action being approved –

Pursuant to the Federal Acquisitions Regulation (FAR) Subparts 13.106-1(b)(2) and 13.501(a) and the Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(b), the Federal Bureau of Prisons has determined there is only one source reasonably available. The Bureau intends to issue this task order pursuant to FAR 13.106-1(b)(2), which requires ordering activities to place orders on a competitive basis unless this requirement is waived on the basis of a justification. Pursuant to BPAP 6.304(b), approval of this justification is requested.

3. Description of Supplies/Services required to meet the

Agency’s Needs including the estimated value – The Bureau has a requirement to maintain and backup all enterprise data to tape and disk. The annual maintenance and support provides all new software releases; licenses;

system updates; program temporary fixes; documentation updates related to enterprise data.

The estimated cost of these services is $448,770.

4. An identification of the statutory authority permitting other than full and open competition – The statutory authority permitting the sole source acquisition is provided when using simplified procedures for certain commercial items under 41 U.S.C. 1901. The use of this authority is appropriate pursuant to FAR Subpart 13.501(a) as the circumstances of this action deem only a single source is reasonably available.

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited – This justification is being submitted for approval in accordance with FAR 13.501(a)(2)(i), since there is only one responsible source and no other supplies or services will satisfy agency requirements. Catalogic Software (Syncsort) owns the source code and has sole proprietary rights to the Syncsort Backup software maintenance and support. Catalogic Software has not granted reseller authority to other vendors for the maintenance and support. Therefore, the maintenance and support services required cannot be obtained from any other source.

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

5.202 applies – The contracting officer will publish the notice to award a sole source contract on the Federal Business Opportunities website, www.fedbizopps.gov, in accordance with FAR Subparts 13.105(a) and 5.203(a).

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable – Through market research, comparison of pricing for other software systems for similar maintenance and support services, comparision of GSA pricing, as well as historical procurement data for the Syncort maintenance and support service, the contracting officer has determined the price for the renewal of annual maintenance and support services for its Syncsort backup software platforms will be fair and reasonable.

8. A description of the market research conducted – Market research was conducted and it was determined that the maintenance and support services required cannot be obtained from any other source. Catalogic Software has not granted reseller authority to any other vendors for the maintenance and support services.

9. Any other facts supporting the use of other than full and open competition – The Bureau has invested over $5,000,000.00 in procuring and maintaining the Catalogic Software (Syncsort) product groups. The Catalogic Software (Syncsort) product is used http://www.fedbizopps.gov/ to back up the Bureau’s information systems. Therefore, it would be damaging to the Bureau's operations and would not be cost effective to discontinue the use of the software and services.

10. A listing of Sources, if any, that expressed, in writing, an interest in the acquisition – Catalogic Software (Syncsort) 50 Tice Boulevard, Suite 250, Woodcliff Lake, NJ 07677

11. A statement of actions, if any, that were taken to remove or overcome any barriers to competition – For the reasons prior made, no actions are available which could remove competition barriers for the required goods and services at this time. The Bureau will periodically conduct market research to ascertain the availability of other sources for competition for future acquisitions.

12. Technical and Requirements Certification: I hereby certify that the supporting data under my cognizance which are included in this justification for approval is accurate and complete to the best of my knowledge and belief.

7/18/2018 Greg Jaenicke Date Chief, Central Office Network Administration Section

13. Contracting Officer’s Certification: I hereby certify this justification is made in good faith, the supporting data and information are accurate and complete to the best of my knowledge and belief.

Donna Harris Date Contracting Officer National Acquisitions Section

14. Approved by

Kristina M. Sullivan Date Chief, National Acquisitions Section

Catherine S. Scott Date Chief, Acquisitions Branch