FINAL - JA -21 PWZ003_Redacted.pdf

J&A 21-21-G30PWZ003

Renewal - Software Maintenance & Support Agreement – Questionmark

JUSTIFICATION AND APPROVAL (J&A) FOR

OTHER THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304(c)(1)

In compliance with Federal Acquisition Regulation (FAR) 13.501(a)(ii), this justification uses the format at FAR 6.303-2 and is modified to state that the procedures in FAR subpart 13.5 are used.

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), United States Coast Guard (USCG), C5I Contracting and Procurement, Operations Systems Center (CG-9142), located at 408 Coast Guard Drive, Kearneysville, WV 25430 proposes to enter into a contract for commercial items on a basis other than full and open competition.

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

(a) Nature of the action: The USCG intends to procure on a brand name basis Questionmark Perception OnPremises licenses, software and software support for commercial off-the-shelf (COTS) Online Assessment Management System to author, deliver and report on surveys, quizzes, tests and exams. It will be a sole source to Questionmark Corporation (Questionmark) as there are no authorized resellers of the proprietary Questionmark Perception OnPremises software.

(b) Name and address of the contractor:

Questionmark Corporation 35 Nutmeg Drive Suite 330 Trumbull, CT 06611

DUNS: 797611852

(c) Type of action: Firm-Fixed-Price (FFP) with a base period of twelve (12) months with four (4) twelve (12) month option periods.

Base - 1 Jan 2021 – 31 Dec 2021 Option #1 – 1 Jan 2022 - 31 Dec 2022 Option #2 – 1 Jan 2023 – 31 Dec 2023 Option #3 – 1 Jan 2024 – 31 Dec 2024 Option #4 – 1 Jan 2025 – 31 Dec 2025

(d) Estimated total value: The total estimated purchase value amount will be (See table for details)

DESCRIPTION QTY Total Cost Questionmark Perception (Base: Managed OnPremises Software Support Plan) 1 Questionmark Perception (Base: Printing & Scanning Software Support Plan) 1 Questionmark Perception (OY #1: Managed OnPremises Software Support Plan) 1 Questionmark Perception (OY #1: Printing & Scanning Software Support Plan) 1 Questionmark Perception (OY#2: Managed OnPremises Software Support Plan) 1 Questionmark Perception (OY #2: Printing & Scanning Software Support Plan) 1 Questionmark Perception (OY #3: Managed OnPremises Software Support Plan) 1 Questionmark Perception (OY #3: Printing & Scanning Software Support Plan) 1 Questionmark Perception (OY #4: Managed OnPremises Software Support Plan) 1 Questionmark Perception (OY #4: Printing & Scanning Software Support Plan) 1 Total

(e) Type of funding: AFC-42 Command, Control, Communications, and Electronics Engineering

(f) Year of Funding: Fiscal Year 2021

(g) Solicitation Number: 21-21-G31PWZ003

(h) Background Information: These services are currently being performed under a sole source purchase order, 70Z0G3120PPWZ02900, in the amount of which was awarded on 19 Dec 2019. The incumbent contractor is Questionmark Corporation and the current period of performance (1 Jan 2020 – 31 Dec 2020) expires on 31 December 2020.During this period, Questionmark migrated the Perception software, and upgraded it to Perception OnPremises with Secure Testing (Print & Scan). Purchase order 70Z0G3120PPWZ02900 was for previous version of the Perception software.

3. Description of Supplies/Services.

This brand name requirement for software currently on the USCG network is for Questionmark Perception OnPremises renewal of licenses, software and maintenance of a commercial off-the-shelf (COTS) Online Assessment Management System to author, deliver and report on surveys, quizzes, tests and exams. Additionally, Questionmark stores and maintains the secure question storage for Service-Wide Examinations, utilizing the Secure Testing (also known as Print & Scan) functionality.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

This acquisition is being conducted under the authority of 10 U.S.C. § 2304(c)(1), as implemented by FAR Subpart 6.302-1 titled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” specifically FAR 6.302-1(a)(2)(iii)(A). This procurement is for items peculiar to one manufacturer on a brand name basis.

5. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

The Questionmark Perception OnPremise software application is proprietary. Questionmark Corporation is the original manufacturer for the OnPremise Applications, including the Secure Testing (Print & Scan) function. The proprietary software is owned by Questionmark, which is the only authorized warranty/licensing source, and is not available through re-sellers.

Questionmark OnPremise with the Secure Test (Print & Scan) function is the only software that is compatible with existing software and performs all the necessary functions.

The impact of discontinuing the use of the Questionmark would have critical negative implications. Questionmark currently supports all Service-Wide Exam (SWE) Processes and other assessment processes for the USCG. This system is the primary tool for the USCG to author, deliver and report on all surveys, quizzes, tests and exams. If the system were taken off the network, the USCG would not have a compatible and efficient method to manage the promotion process, thereby severely impacting the USCG promotion process.

Not pursuing this approach would result in substantial duplication of costs of approximately $500,000. This estimate considers an estimated 6-12 months for another vendor to create compatible software to include the Print & Scan function, for the USCG to purchase new software licenses, for the Service Center software development and maintenance contractor to load onto the network and comply with Cybersecurity requirements, integrate with existing systems, and the training of USCG personnel to utilize the system. Also, the USCG’s future intent is to pursue a cloud based SWE software. However, the USCG enterprise cloud strategy is not yet mature enough to include this current purchase. Therefore, it is in the best interest of the Government to continue using the Questionmark Perception OnPremises software package, which will eliminate potential duplication of costs incurred by prematurely competing this effort.

The USCG has a continuing need for SWE software with a Secure Test function compatible with current system interfaces. The only vendor who can provide this software with the Secure Test (Print & Scan) function is Questionmark. Therefore, the contracting strategy that will provide the Government the best value is a sole source contract to Questionmark Corporation for the brand name software and support.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

A synopsis was posted on beta.SAM.gov to provide notice of the Government’s intent to issue a sole-source Purchase Order to Questionmark Corporation. No responses were received.

Questionmark Corporation is the manufacturer of Questionmark Perception OnPremises and there are no authorized resellers.

Acquisition Planning Forecast System (APFS) number F2020052317 was published on 27 August 2020.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable.

The Contracting Officer determines that the anticipated price for the required software and software support is fair and reasonable based on the comparison with the Independent Government Cost Estimate (IGCE) and historical pricing data from previous purchase orders. Before placing the order the Contracting Officer will perform a price evaluation to confirm that the price at the time of award represents the overall best value for the Government and is fair and reasonable.

8. Description of Market Research.

Market research was conducted in February 2019 via a Request for Information (RFI) posted to FBO.gov; at that time it was determined that no vendor could fulfill all the requirements other than Questionmark. Since the 2019 RFI, periodic internet searches of other vendors’ websites have confirmed that no other company currently has a commercially available, similar OnPremises version of the SWE software with a Print & Scan function that wouldn’t require extensive re-work of current systems to be compatible with a new SWE software with comparable Print & Scan functions. Additionally, all other potential choices would require a reconfiguration of the on network system interfaces. However, once this function is ready to be moved to a cloud solution, other vendors may be available.

Questionmark has confirmed by e-mail dated 14 Dec 2020 there are no resellers of the Questionmark Perception OnPremises software.

Based on initiative for a the 2019 RFI information has been validated.

A synopsis was posted on beta.SAM.gov to provide notice of the Government’s intent to issue a sole-source Purchase Order to Questionmark Corporation. No responses were received.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The USCG requires a highly trained and skilled workforce. A predetermined percentage of enlisted rates are tested in May and November of each year to determine if they have acquired the skills necessary to advance to the next rank. It is this testing that is done through the use of Questionmark Perception OnPremises software. These advancements are necessary for shaping of strong leadership into the future. The USCG’s future intent is to pursue a cloud based SWE software. The current requirement for software that is on the network is limited by the fact that