CO323-24 JA BRAND NAME.pdf

U.S. DEPARTMENT OF JUSTICE

UNICOR, Federal Prison Industries, Inc.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION:

Authority Cited: Sole Source-FAR 6.302-1 41 USC-253(c) (1)/10 USC-2304 (c) (1)

1. Identification of the agency and the contracting agency.

Department of Justice UNICOR, Federal Prison Industries, Inc. (FPI) Central Office 400 First Street N. W.

Washington D. C. 20534

2. Nature and/or description of the action being approved.

FPI has a brand name exception requirement to procure software, licensing and maintenance support for SAP. The particular brand name (SAP) is essential to FPI’s requirement and market research indicates other companies’ similar products do not meet or cannot be modified to meet the FPI’s need.

3. A description of the supplies or services required that meet the agency’s needs (including the estimated dollar amount).

Software, licensing and maintenance support for SAP S/4 HANA enterprise software.

Estimated base and three option years $2.2M.

4. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires the use of the authority cited.

The Competition in Contracting Act (CICA) at 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1(a)(2) and required by FAR 6.303-2(b)(4), states when supplies or services required by the agency are available from a limited number of responsible sources and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

5. A description of effects made to ensure that offers are solicited from as many potential sources as is practical including whether a www.sam.gov notice was, or will be, publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

FPI will post a Request for Proposal at the Government Point of Entry www.sam.gov in accordance with FAR 5.201.

http://www.sam.gov/

6. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Contracting Activities will be required to make an individual determination of price fair and reasonableness IAW FAR 13.106-3(a) (simplified acquisitions) or FAR 15.403-3(c)(1) (commercial acquisitions) prior to award.

7. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted.

SAP was previously on a purchase order. Market research determined SAP has one reseller available. FPI will be posting this requirement for bid.

8. Any other facts supporting the use of other than full and open competition.

SAP is FPI’s current enterprise software and has been for numerous years, FPI recently upgraded FPI’s enterprise software from SAP ECC to SAP HANA.

9. A listing of sources, if any, that expressed in writing, an interest in the acquisition

CARAHSOFT TECHNOLOGY CORP

10. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services are required.

FPI management believes the brand name exception for SAP S/4 HANA is in the company’s best interest. The cost of switching enterprise software is too great to consider.