RFY13_Class_JA_OM.pdf

Source Selection Information - See FAR 2.101 and 3.104

FOR OFFICIAL USE ONLY

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JUSTIFICATION

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

a. Requiring Agency:

DISA

ESD/ES1132

1 Overcash Avenue Chambersburg, PA 17201-4122

b. Contracting Activity:

DITCO

Software Section/PL8321 2300 East Drive Scott AFB, IL 62225-5406

2. NATURE/DESCRIPTION OF ACTION(S):

a. These contracting actions are to provide for continued procurement efforts to renew expiring annually renewed software license and maintenance contracts supporting ESD’s Department of Defense (DOD) customers. These renewals are all anticipated to be awarded via the Open Market from the Original Equipment Manufacturer (OEM) or an authorized reseller.

The renewal contracts will perpetuate existing enterprise licenses and maintenance for proprietary software in DISA ESD inventory. A Class Justification and Approval (J&A) for OTFAOC, number JA11-102, was executed for all annually renewed software maintenance contracts award for FY 2012.

b. This Class J&A is only for open market awards. Each renewal requires the circumstances to be documented when restricting competition. Since the basic rationale is the same for all renewals, streamlining the process with a Class J&A will save hundreds of man-hours and will cut lead time for each individual acquisition. The included software is all commercial off-the-shelf (COTS) and already provided under current contracts either directly with the manufacturers or with authorized resellers.

c. The software license and maintenance renewal contracts will be Firm-Fixed Price.

Orders executed under this justification will be for a one-year period beginning in FY 2013 utilizing FY 2013 Operation and Maintenance funding. While most renewals will be effective 01 October 2012 and have a lifecycle equal through FY 2013, some will have later start dates, but no longer than a 12 month period of performance. The applicable North American Industry Classification System codes are 541519 ($25.5 million) and 511210 ($25 million).

3. DESCRIPTION OF SUPPLIES/SERVICES:

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a. The objective of this continued effort is to obtain annual software licenses and maintenance during FY 2013, and possibly FY 2014, from the OEM or OEM authorized resellers to support applications transmitted to or processed by DISA managed facilities. Software maintenance includes the receipt of new versions and releases of software products. This justification will allow for the inclusion of software licenses and maintenance for additional COTS software products from the named vendors following their initial acquisition via separate contracting actions or if increasing like software and software maintenance to support increasing population/upgrades/versions within the architecture.

b. Primary contingency is for anticipated, but currently undefined software license and maintenance cost increases resulting from equipment upgrades or inclusion of customer workloads into ESD’s architecture. The increase would also provide for the addition of products that were competitively procured under separate contract vehicles from the named vendors and consolidated into the annually renewed contracts at the end of any warranty period. The period of performance (POP) will be for 12 months utilizing FY 2013 funds. While most renewals will be effective 01 October 2012 and have a lifecycle equal through FY 2013, some will have later start dates, but no longer than a 12 month period of performance in order to begin directly after the expiration of current contracts.

4. IDENTIFICATION OF LIMITED SOURCE AUTHORITY:

These acquisitions are conducted under the statutory authority of 10 U.S.C§2304 (c)(1), and the regulatory authority of FAR 6.302-1/DFARS 206.302-1, only one responsible source and no other supplies or services will satisfy agency requirements. The items/services are peculiar to one manufacturer’s brand name. Only the OEMs or their authorized resellers will satisfy the requirement. No other vendors or distributor can legally obtain access to the software nor make duplicate copies, since it is protected by copyright and patent laws.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

a. The software OEMs own all proprietary rights to the source code and have not released the product source code or authorized third party vendors to sell, lease, or maintain their proprietary software product. Only the OEM or authorized resellers can provide the continued software licenses and maintenance of the proprietary COTS software. Even in instances where the OEM has authorized resellers and an award is made to a reseller, the software OEM still directly delivers the proprietary products and any required upgrades or maintenance.

b. Obtaining replacement software products from other software OEMs would result in massive software conversions and would lead to additional costs for the Military Services, Agencies, and central design activities that have developed in-house applications using these COTS software products in their application systems. A competitive functional replacement for each individual OEM product line will result in increased costs to DISA, which is estimated in paragraph 9b below.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES:

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To ensure that offers are solicited from as many potential sources as is practicable, a synopsis for these requirements will be published to Federal Business Opportunities website as required by FAR 5.2.

9. ANY OTHER SUPPORTING FACTS

a. DISA’s installed proprietary software environment limits the ability to pursue competitive alternatives, but has proven successful in the standardization and cost reduction efforts of DISA ESD. ESD Operations is currently working on an initiative to establish an operating environment that will standardize software categories that have proven to be cost effective in managing and maximizing use of available computer resources at DISA facilities.