ETK EEO-SoleSourceJustification-ETK EEO_Signed.pdf

SOLE SOURCE - SIMPLIFIED ACQUISITIONS - 8057

NATIONAL SCIENCE FOUNDATION

RECOMMENDATION AND DETERMINATION TO SOLICIT FROM ONE SOURCE

I recommend that NSF negotiate with Tyler Technologies for the upgrading of the iComplaints No FEAR Software Application case and business process management solution to the ETK EEO, as MicroPact is now part of Tyler Technologies and Tyler Technologies is the sole provider of the platform. The platform can be extended through configuration to meet other requirements such as entellitrak® Reasonable Accommodations, Alternative Dispute Resolution and Labor/Employee Relations. As the sole manufacturer of the commercial off-the-shelf (COTS) product entellitrak®, Micropact has proven past performance automating EEO and RA case management processes, having successfully deployed a wide variety of case and business process management solutions in more than 200 Federal, State, and commercial organizations. Being the developer and sole source provider of the required products, Tyler Technologies is the only company with the experience and know-how to complete the Professional Services implementation at top quality and efficiency for NSF. Tyler Technologies product experts are trained, certified, and experienced in services supporting entellitrak® – from project management to requirements gathering, software design, configuration, testing, data migration, system integration, hosting, installation, training, documentation, maintenance, and helpdesk support.

The ETK EEO case and business process management solution is a commercial off-the-shelf (COTS) platform that provides the majority of key functionality for EEO case management out of the box. The product is tailored to specific customer needs through configuration rather than customization. This facilitates rapid deployment and immediate return on investment. The configuration capability will give NSF the same benefits of traditional custom software, but at a fraction of the cost. Further, the entellitrak® platform is built on an open architecture allowing it to seamlessly integrate with existing NSF software, and the solution is compatible with a variety of databases including SQL Server and Oracle.

The technical support team behind entellitrak® is available from Monday-Friday, 7am – 8pm. NSF’s Support Subscription will include Regular software product releases and enhancements, as well as access to Tyler Technologies Product Ticket System (PTS), and Tyler Technologies “connect” product information portal. Tyler Technologies provides a guarantee to maintain the program to reflect all changes in Federal policy as part of the annual maintenance contract.

Should NSF choose different software, it would precipitate additional costs for acquisition, implementation, integration, data migration, training, and maintenance agreements. In such case, NSF would require custom software development of the needed capabilities for EEO case management, which would be cost-and time- prohibitive and would introduce risk as the custom solution would not be based on any proven past performances. Additionally, future enhancements to a custom solution would introduce greater additional costs to augment said system rather than make changes through the point-and-click configuration native to the MicroPact solution.

I have reviewed other products/services to identify other vendors which might meet NSF’s requirements through one of the following methods:

� GSA Schedule � Open Market Price Lists � Previous requirements Other - This product can only be used with the existing entellitrak® database and cannot be provided by other vendors.

FAR 19.502-2 requires award to Small Business for supplies or services with an anticipated dollar value exceeding $2,500. If applicable specify why award is being recommended to other than a Small Business.

� No other Small Company can supply the equipment or service � The Company does not have a small business distributor that can supply the equipment or service � GSA schedule does not provide the equipment or service from small business Other - This product can only be used with the existing entellitrak® database and cannot be provided by other vendors.

The total estimated cost, including shipping and handling (if applicable), of this effort is $79,166.19 and the period of performance or lead-time for delivery or start date is approximately two to four weeks after the contract is awarded.

This recommendation is made pursuant to FAR 13.106, for the acquisition of supplies or services determined to be reasonably available from only one source. Competition is impractical for the following reasons:

The ETK EEO solution provides the following capabilities to the Office of Diversity and Inclusion:

1. Manage the entire EEO request process in accordance with ODI EEO Procedures.

2. Provide the legally required reports, including reports to the U.S. Equal Employment Opportunity

Commission (EEOC), Office of Personnel Management (OPM), and to the U.S. Congress.

3. Notify other offices of agreements affecting terms and conditions of employment.

4. Project funding needs for the EEO Complaints budgets.

5. Approve invoices and serve as ODI’s point of contact for EEO services; and

6. Provide ad hoc internal reports on EEO services.

Pursuant to FAR 5.202 (a)(11), this proposed contract action is exempt from publication because the proposed contract action is made under the terms of an existing contract that was previously synopsized in sufficient detail to comply with the requirements of 5.207 with respect to the current proposed contract action.

Rhonda J. Davis Date Office Head Office of the Director/Office of Diversity & Inclusion

I hereby accept the above stated recommendation and determine that the circumstances of the contract action deem only one source reasonably available.

Contracting Officer Date