HelpSystems LSJ Redacted_Redacted.pdf

FORM # USPTO-OP-011.v3.0 (1/2020) Page 1 of 5 Limited Sources Justification- Sole Source

LIMITED SOURCES JUSTIFICATION (LSJ)

(Sole Source)

(FAR 8.405-6(a))

SECTION I. COMPLETED BY THE PROGRAM OFFICE

Program Office: OCIO/OPG/SQAD/SPB

Program Office

POC:

Title of Procurement:

Team Quest software maintenance and support

Estimated Value (including options)

Contracting Officer:

Alejandra Loyet

Contracting Officer Phone:

Acquisition Package Number:

The following LSJ has been prepared to meet the requirements of Federal Acquisition Regulation (FAR) 8.405-6, and FAR 17.502-1(a).

1. Identification of the agency and contracting activity

United States Patent and Trademark Office (USPTO) Office of the Chief Information Officer Office of Policy and Governance (OPG) Software Quality Assurance Division (SQAD) Systems Performance Branch (SPB) Alexandria, VA

2. Nature and/or description of the action requiring approval

The purpose of this action is to award a firm-fixed price sole-source delivery order to Help Systems for Team Quest software maintenance and support.

3. Description of the supplies or services required and the estimated value thereof

USPTOs Systems Performance Branch (SPB) is required to provide in-depth analysis of the USPTO’s critical applications. TeamQuest provided by Help Systems is a machine resource monitoring and modeling tool that provides data on CPU, Memory, Disk I/O, and network statistics. A unique feature of TeamQuest is its ability to produce data models from another tool used by USPTO, MicroFocus' OpenView (OV) Performance Analysis, which is data that comes from the critical Jupiter machines used for Patent Search.

FORM # USPTO-OP-011.v3.0 (1/2020) Page 2 of 5

This delivery order is for maintenance and support of current licenses only.

for the period of performance of 01/01/2021-

12/31/2025.

4. Any other facts supporting the justification:

TeamQuest is a machine resource monitoring and modeling tool that provides data on CPU, Memory, Disk I/O, and network statistics. A unique feature USPTO uses is the tool’s ability to produce data models from MicroFocus' OpenView (OV) Performance Analysis data that comes from the critical Jupiter machines used for Patent Search. No other machine performance tool provides this capability. USPTO’s performance monitoring and modeling infrastructure has made a significant investment in TeamQuest software and has integrated and tailored it to the USPTO environment over a twenty year period. The use of any other product would be costly and time consuming for the agency. The use of any other product would deviate from USPTO’s standardized IT performance monitoring and modeling platform resulting in product non-conformity and vastly increased licensing, training and maintenance costs.

Therefore, it is in the best interest of the agency to fulfill this sole source GSA requirement with Help Systems, LCC who is the only vendor capable of providing continued maintenance and support of existing Team Quest licenses.

SECTION II. COLLABORATION BETWEEN THE PROGRAM OFFICE AND OP

5. Authority and supporting rationale: Authority and supporting rationale (see FAR 8.405- 6(a)(1)(i)) 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 Multiple Award Schedule

Program. Consideration of schedule contractors will be restricted to fewer than the number required by Federal Acquisition Regulation (FAR) 8.405-6(a)(1) [FAR 8.401, 8.405-1, and 8.405-2] (i.e., fewer than three FSS contractors).

- Name and address of the proposed contractor(s):

Help Systems, LLC 6455 City West Parkway Eden Prairie, MN 55344

- Nature of the acquisition and proposed contractor(s) unique qualifications:

Help Systems is the sole provider of Team Quest software and support and there are no other resellers on the GSA’s federal supply schedules.

FORM # USPTO-OP-011.v3.0 (1/2020) Page 3 of 5

6. Description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted

Technical and procurement teams conducted market research to identify available options for TeamQuest maintenance and support. Help Systems, LLC is the only GSA federal supply schedule vendor capable of providing continued maintenance and support of existing TeamQuest licenses.

7. Actions, if any, the agency may make to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition.

Only one source will be solicited for the reasons stated in Section 5, above.

SECTION III. COMPLETED BY OP

8. Determination by the ordering activity Contracting Officer that the order will represent the best value to the Government consistent with FAR 8.404(d), and “determination of best procurement approach” consistent with FAR 17.502-1(a)

Pursuant to FAR 8.404(d), GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. However, prior to the award a price analysis will be conducted and documented in the Acquisition File Documentation (AFD) to sufficiently determine that pricing is fair and reasonable.

FORM # USPTO-OP-011.v3.0 (1/2020) Page 5 of 5

12. Competition Advocate Approval:

Approval (required for actions valued from $700K to $13.5M) Concurrence (required for actions valued above $13.5M)

In accordance with FAR 8.405-6(d)(2), the Competition Advocate, certifies that they have reviewed this justification and has determined that sufficient facts exist to support the justification.

Competition Advocate Name

Competition Advocate Signature Date