FAR Subpart 8.4 Limited Sources Justification (V1.5 10-01-2025)_Redacted.pdf

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Notice of Intent to Sole Source to Executive Information Systems, LLC for SAS Software Licenses and Maintenance Support
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This is a Federal Acquisition Regulation (FAR) Subpart 8.4 Limited Sources Justification document for the U.S. Marine Corps, seeking to renew SAS Software licenses for the Training Systems Organization (TSO). The contract is a sole-source, firm fixed-price procurement with Executive Information Systems, LLC, for SAS software licenses and maintenance support, covering six different software components for 5 users, including Base SAS, SAS Graph, SAS/STAT, Access to Oracle, SAS/OR & ETS, and SAS/ASSIST and SAS/FSP.

The contract period of performance is from January 30, 2026 to January 29, 2027. The justification for sole-source is based on exclusive licensing agreements, compatibility with existing applications, and the critical nature of the software for Programs and Resources (P&R) and Manpower and Reserve Affairs (M&RA) Directorates. The agency notes that SAS is being phased out and replaced with the Advana platform, but requires these licenses for the current period. The contracting office will continue to monitor the market for potential alternative technologies in future procurements.

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FAR Subpart 8.4 Limited Sources Justification

V 1.5 (01 October 2025)

5PCM

0002 SAS Graph, Connect, ACCPCFF, 5

Users

SAS-ADDON-5PCM 3

0003 SAS SAS/STAT, 5 Users SAS-ANLADD-

5PCM

0004 SAS Access to Oracle, 5 Users SAS-ADDON-5PCM 1 0005 SAS SAS/OR & ETS, 5 Users SAS-ANLADD-

5PCM

0006 SAS SAS/ASSIST and SAS/FSP, 5 Users

SAS-FSP-AST-5PCM 2

Manufacturer: SAS Institute, LLC.

Manufacturer POC and Phone Number: Corporate Headquarters/ (800) 727-0025 Manufacturer Address: 100 SAS Campus Drive, Cary, NC 27513-2414 Manufacturer’s Authorized Re-seller: Executive Information Systems, LLC (“EIS”)

V. THE DETERMINATION TO LIMIT SOURCES IS BASED ON THE FOLLOWING AUTHORITY

AND SUPPORTING RATIONALE (select all that apply):

A. ___ AN URGENT AND COMPELLING NEED EXISTS, AND FOLLOWING THE

PROCEDURES IN FAR 8.405-2 OR 8.405-3 WOULD RESULT IN UNACCEPTABLE

DELAYS (FAR 8.405-6(a)(1)(i)(A)):

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. Market research:

B. _X__ ONLY ONE SOURCE IS CAPABLE OF PROVIDING THE SUPPLIES OR

SERVICES REQUIRED AT THE LEVEL OF QUALITY REQUIRED BECAUSE THE

SUPPLIES OR SERVICES ARE UNIQUE OR HIGHLY SPECIALIZED (FAR 8.405-

6(a)(1)(i)(B)) (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. _X__ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

This document meets the regulatory requirement at DFARS 206.302 to execute the justification and approval which is addressed at FAR 16.505(b)(2)(i)(G), “For DoD, NASA, and the Coast Guard, the order satisfies one of the exemptions permitting the use of other than full and open competition listed in 6.302 (10 U.S.C. 2304 c(5)).

FAR 6.302-1(2) states, “When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or 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.

TSO is currently using SAS Software licenses. This software is fully compatible with existing applications. These licenses support Programs and Resources (P&R) and Manpower and Reserve Affairs (M&RA) Directorates in the planning, analyzing, and budget formulization of personnel request and manpower decisions. A change in product will require extensive Research, Development and Technology (RD&T) activities, which would cause disruptions and delays to the mission of P&RA and M&RA Directorates.

SAS Software licenses are already in use by TSO, and in the interest of economy and efficiency, it is in the Government’s best interest to issue the award for this requirement on a sole source basis. Executive Information Systems, LLC (“EIS”) is the only authorized re-seller for the required renewal and maintenance. As such, for continuation of operations, it is necessary to complete this follow-on effort of existing software license and maintenance renewal. Therefore, a change to a different name brand would cause an unnecessary burden due to increased time, cost, resources, approval and training required to integrate a completely new type of software into TSO’s operations

3. ___ OTHER REASONS.

C. ___ IN THE INTEREST OF ECONOMY AND EFFICIENCY, THE NEW WORK IS A

LOGICAL FOLLOW-ON TO AN ORIGINAL FEDERAL SUPPLY SCHEDULE ORDER

(FAR 8.405-6(a)(1)(i)(C)):

The original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA was not issued under sole-source or limited-sources procedures.

D. ___ ITEMS PECULIAR TO ONE MANUFACTURER (FAR 8.405-6(b)):

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

VI. DETERMINATION THAT THE ORDER OR BPA REPRESENTS THE BEST VALUE:

The Contracting Officer has determined that the order or BPA covered by this justification will represent the best value to the Government. Fair and reasonable pricing will be determined in accordance with DoD Class Deviation 2014-O0011 using the proposal analysis techniques at

FAR 15.404-1.

VII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE

HOLDERS:

A discussion of the market research conducted among schedule holders and the results, or a reason market research was not conducted, is included in Section V, above.

VIII. ACTIONS TAKEN TO REMOVE OR OVERCOME BARRIERS:

At this time, SAS is being phased out and is being replaced with Advana platform. During this transition there are still 5 users of SAS that require a license for this PoP. However, TSO will continue monitoring the market and conduct continuous market research in an effort to identify any emerging technologies that may satisfy future requirements. Should such technologies become available, TSO will seek competition to the maximum extent practicable and the contracting office will assess competition for future requirements.

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