FY21_Limited_Source_Justification_Food_Nutrition_System_Support_wSigs.pdf

National Acquisitions Section Federal Supply Schedule Limited Sources Justification

1. Identification of the agency and the contracting activity - U.S. Department of Justice, Federal Bureau of Prisons (Bureau), Central Office, Administration Division, Acquisitions Branch, National Acquisitions Section (NAS).

2. Nature and/or description of the action being approved – Pursuant to the Federal Acquisition Regulation (FAR)Subpart 8.405-6 and Bureau of Prisons Acquisition Policy (BPAP) Subpart 6.304(c), the Bureau has determined thatrestricting consideration of schedule contractors is justified for this procurement action. This acquisition is conducted under the authority of the General Service Administration (GSA) Federal Supply Schedule (FSS), Multiple Award Schedule(MAS) program. The Office of Information Technologies (OIT) and Health Services Division (HSD) has a requirement for the software maintenance and system upgrades in support of the existing Food Service nutrition software solution referred to as Federal Nutrition System (FNS). The Bureau’s Information Technology Network (BOPNet) BOP-FNS domain manages the FNS software.

3. A description of supplies and services required to meet the agency’s needs – (including the estimated value) – This action will be a task order issued pursuant to the terms and conditions of the referenced GSA Federal supply Schedule (FSS contract). FAR 8.405-2(c)(3) requires ordering activities to place orders on a competitive basis unless the requirement is justified. As the supplies and services required by the Bureau are considered unique and highly specialized, the Bureau is preparing this justification and requesting approval as required by the BPAP Subpart 6.304(c).

The Office of Information Technologies (OIT) and Health Services Division (HSD) has a requirement to maintain and continue services for the Bureau’s Food Nutrition System (FNS) software deployed in the Bureau’s Information Technology Network (BOPNet) environment. The Bureau’s FNS software is used by the Food Service Department (FSD) at all Bureau intuitions, all regional offices, and central office to effectively manage food service processes, to include nutrition-based menu planning, budgeting, procurement, storage, requisition, inventory, and food production. In addition, the product enhancements will provide the Bureau with the capabilities to effectively manage Food Service work assignment management program within the computerized web-based software, to include work assignments, official out counts, pay sheets, and standardized forms such as Initial Job Orientation and Safety Training, equipment training, and Food Handler Orientation. The FNS software is interfaced and integrated in the Bureau’s Electronic Medical Record (BEMR) software which is compatible and compliant with mandated medical terminology and abbreviations for multiple disciplines such as the Federal Food Nutrition policies and regulations.

The Contracting Officer has determined it would not be cost effective to replace the existing software rather than continuing to provide the software for the Bureau’s requirements mandated by policy and regulations.

The period of performance is October 1, 2020 through September 30, 2021. The estimated value of this award is $277,362.36.

4. The authority and supporting rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service – This acquisition is conducted under the authority of the MAS program are 41 U.S.C. 152 (3), Competitive Procedures, and Title 40 U.S.C. 501, Services for Executive Agencies.

This justification is being submitted for approval in accordance with FAR 8.405-6(a)(1)(i)(B), limited source justification as the products are available from only one source capable of responding due to the unique or specialized nature of the work. The schedule holder, Advanced Technologies Group (ATG), LLC, developed the FNS for the Bureau’s use and retains sole and exclusive ownership of all rights, title, and interest in and to the software.

In addition, ATG owns the proprietary rights and the source code for the FNS system which has been customized for medical services use and designed for the Bureau’s mandated requirements. It would not be cost effective to re-compete the use of the software.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d) – The Contracting Officer will examine GSA FSS pricing catalog and previously paid prices of similar purchases of this type, as well as the Independent Government Estimate. Based on the information stated above, the Contracting Officer anticipates the price would be fair and reasonable. In addition, this task order will be made in accordance with the terms and conditions of the referenced GSA FSS. The orders placed against this MAS, using procedures in FAR 8.404 do not have to make a separate determination that the price is fair and reasonable.

6. A description of the market research conducted among schedule holders and the results or a statement of the reason market research was not conducted – Market research was conducted through GSA FSS to determine the number of authorized contractors eligible to provide the required services. ATG has not entered into any agreement with any other company to provide upgrades, annual support and maintenance services. The services in this requirement are available only through Advanced Technologies Group, LLC.

Market research revealed that due to the proprietary rights, sole and exclusive ownership, title, and interest that ATG has on the software source code, it is the only contractor available to fulfill the requirement.

7. Any other facts supporting the justification – N/A

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made – For the reasons stated above, no actions are available which could remove competition barriers for the required services at this time. In addition, the Contracting Officer will publish the Limited- Sources Justification within 14 days on the Beta-Sam website, www.Beta-SAM.gov, in accordance with FAR 8.405- 6(a)(2)(i).

9. Requirements/Technical Certification: I hereby certify that the supporting data under my cognizance which are included in this Justification for Brand Name Items are accurate and complete to the best of my knowledge and belief.

Melissa Millhorn, Date Medical Contract Consultant

10. Contracting Officer’s Certification: I hereby certify that this request for a Justification for Brand Name Items is made in good faith and that the supporting data and information are accurate and complete to the best of my knowledge and belief.

Digitally signed by PAUL BROWN Date: 2020.09.24 16:18:31 -04'00'

Paul Brown, Date Contracting Officer National Acquisitions Section

11. Concurrence: I hereby certify the above justification is accurate and complete to the best of my knowledge and belief.

Robert Bland, Date Chief, National Acquisitions Section

Approved By:

Catherine S. Scott, Date Chief, Acquisitions Branch

MELISSA MILLHORN

Digitally signed by MELISSA

MILLHORN

Date: 2020.09.25 08:04:27 -04'00'

ROBERT BLAND Digitally signed by ROBERT BLAND Date: 2020.09.25 08:20:25 -04'00'