A04-_JA_TMT_Software_Maintenance_FINAL_SEP_9.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

UNDER THE AUTHORITY OF FAR 13.5 TEST PROGRAM FOR CERTAIN

COMMERICAL ITEMS

1. AGENCY AND CONTRACTING ACTIVITY:

Agency:

Department of Defense Joint Information Technology Services Provider - Pentagon (JITSPP)

Contracting Activity:

Department of Defense (DoD) Washington Headquarters Services (WHS) – Acquisition Directorate (AD) 1155 Defense Pentagon Washington, DC 22301-1155

2. NATURE/DESCRIPTION OF ACTION(S):

The purpose of this action is to procure 6,100 Task Management Tool (TMT) software license renewals used by JITSPP. The TMT software licenses will continue providing support to JITSPP customers, receive enhancements to the TMT software, and service the task management system to continue leveraging the existing JITSPP infrastructure. The Government is seeking to award a sole-source task order to Accenture Federal Services LLC, herein after referred to as Accenture for the TMT license renewals. Accenture is the sole seller of the required TMT licenses and does not have authorized resellers. The Government is not able to procure these TMT licenses or maintenance from any source other than Accenture. The intended contract will be follow-on to a contract awarded to Accenture for the purpose of TMT development, implementation, integration services and licenses. That award was a sole source contract under the authority of FAR 6.302-1.

3. DESCRIPTION OF SUPPLIES/SERVICES:

A firm fixed price contract is being sought for one (1) base period from October 01, 2015 to September 30, 2016. The total estimated value is $244,000. This contract will use FY15 Operation and Maintenance (O&M) funds.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

Acquisition Directorate

FAR 13.501(a), Sole source (including brand name).

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

Avanade Federal Services (Avanade), founded in 2000 by Microsoft and Accenture, developed early versions of the Task Management Tool (TMT). The TMT related business of Avanade was transferred to Accenture Federal Services, LLC (AFS), a wholly owned subsidiary of Accenture. In part was an amended inter-organizational license agreement between Avanade and Accenture to include the express and exclusive right for Accenture and its affiliates to license TMT and TMT versions. At this time, Accenture is the only company that produces and maintains the TMT code.

Accenture is the sole reseller of the TMT software licenses and retains the proprietary rights to the TMT source code. Accenture does not have any obligation to provide (nor will they provide) this source code to any other company. Because of this, Accenture is the only company that can implement enhancements into TMT's source code in order to facilitate proper integration into DoD's server construct.

TMT is currently implemented in JITSPP’s Correspondence and Task Management System (CATMS). CATMS has been selected as the Enterprise correspondence and tasking application serving the Pentagon’s mission and provides the capabilities to meet correspondence and task management requirements.

TMT was selected because it uniquely meets:

- Correspondence and tasking requirements (leverages CRM to configure the tool versus large coding effort)

- User requirements (supports 85,000 users in DoD and provides interoperability between other organizations for tasking management)

- Database requirements (leverages the JITSPP Microsoft infrastructure-including Outlook and SharePoint as well as SQL).

- Scalability requirements.

Not purchasing this support would jeopardize the integrity and maintenance of the proprietary task management system, its continuation to leverage the existing JITSPP infrastructure and disrupt the workflow of Office of the Secretary of Defense (OSD) and WHS staff from maintaining the streamline of the ongoing tasking procedure and system.

Without the use of TMT, DoD will be forced to continue to use its current antiquated tasking software that is incompatible with DOD's partner units, and significantly lacks capability when compared to current technology, which will disrupt the government’s capability to provide service and support to customers.

In addition, it will further delay the government’s goal to fully integrate the task management system into the workflow of OSD and WHS staff, and to help enable a more streamlined tasking procedure with increased transparency, visibility, and accountability.

If awarded to another company other than the current vendor, it will lead to a core inability to customize the TMT program to meet the specific needs of DoD due to inability to access TMT source code. If we switch applications we will lose over 8M dollars we have expended to get TMT to meet the Secretary of Defense and Executive Secretary (SEC DEF/Exec SEC) requirements and incur increased costs to migrate over 30 years’ worth of legacy data into the new system.

6. FEDBIZOPPS ANNOUNCEMENT/POTENTIAL SOURCES:

A “Special Notice” of the Government’s Intent to Sole Source under the authority of FAR Part 5.203 was posted to Federal Business Opportunities (FedBizOpps) on November 12, 2014, allowing for vendors to respond to this intent. On December 03, 2014, the special notice closed with no response of interest or challenges from industry.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer will ensure that the final negotiated price is fair and reasonable by using FAR 13.106-3(ii), Comparison of the proposed prices with prices found reasonable on previous purchases and FAR 13.106-3(iv), Comparison to an independent Government estimate.

8. DESCRIPTION OF MARKET RESEARCH:

Per market research, it was confirmed that Avanade was the sole developer of TMT.

Avanade is now 80% owned by and is a subsidiary of Accenture. Accordingly, TMT is now available only through Accenture who has the exclusive rights to sell the TMT license as part of an inter-agreement with Avanade. Accenture is the sole seller of TMT and does not have any authorized resellers. Therefore, the Government is not able to procure support for the TMT application and the proprietary source code from any source other than Accenture. See attached Accenture letter dated December 1, 2014.

Accenture retains proprietary rights to the TMT source code and does not have any obligation to provide (nor will it provide) this source code to any other company.

Because of this, Accenture is the only company that can implement enhancements into TMT's source code in order to facilitate proper integration into JITSPP’s server construct. Accenture confirmed that there are no other sellers or resellers of the TMT application, software maintenance, and/or technical support.

9. ANY OTHER SUPPORTING FACTS:

No other reseller exists with the ability to provide maintenance support to TMT software license.

10. LISTING OF INTERESTED SOURCES:

Accenture Federal Services, LLC

11. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION:

The Government has conducted a market research to determine if TMT software can be procured through other sellers to ensure we get completive pricing, but at this time, TMT is exclusively sold and maintained by Accenture. However, the Government is negotiating data rights for custom code developed with this JITSPP TMT solution. With the data rights, JITSPP will be able to have Government-appointed personnel trained to maintain the custom code baseline, and initiate maintenance support of CRM and custom code by other CRM vendors.

12. CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature:

Michael Gruden Contracting Officer WHS/AD

Name Organization