JA_REDACTEDc.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FOR BRAND NAME JUSTIFICATION

XXXXXXX

RightFax Maint FY17

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

a. Requiring/Requesting Activity

XXXXXXXX

XXXXXXX

XXXXXXXXX

XXXXXXXXXXXX

XXXXXXXXXX

b. Contracting Activity

XXXXXXXX

XXXXXXX

XXXXXXXXX

XXXXXXXXXXXX

XXXXXXXXXX

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

The purpose of this document is to obtain approval for a Items Peculiar to One Manufacturer

(Brand Name) acquisition in accordance with FAR 16.505(b)(2)(ii)(B). Competition is limited to the following brand name products:

XXXXXXX software licenses and maintenance support.

The procurement strategy is to issue a request for quote (RFQ) on the NASA Solution for

Enterprise-Wide Procurement (SEWP), and the fair opportunity procedures set up by the SEWP will be followed. According to those procedures, a RFQ with a brand name requirement must include a justification and approval and be submitted to the SEWP Contract Groups being solicited.

The order at issue includes a brand name requirement. Therefore, the below justification and approval will be included with the RFQ, which will be submitted to SEWP Contract Groups B, C, and D.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The DFAS - I&T Infrastructure & Production Support requests purchase of maintenance for their

RightFax software licenses and maintenance, which provide XXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXX at DFAS.

The following is a high-level Government cost estimate:

October 1, 2016 – September 30, 2017 Base Year: XXXXXXXX

October 1, 2017 – September 30, 2018 Option Year 1: XXXXXXX

October 1, 2018 – September 30, 2019 Option Year 2: XXXXXX

October 1, 2019 – September 30, 2020 Option Year 3: XXXXXXXX

Total estimated cost: XXXXXXXXXX

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical .

Per DoDI 8100.3, all telephony including facsimile products (among other specific areas) connecting to the DSN must be on the DoD Joint Interoperability Test Center (JITC) Approved

Products List (APL) (https://aplits.disa.mil). Also, DISA will not issue an authority to connect

(ATC) – turning on DSN telephony services – until sufficient documentation has been submitted showing the configuration and use of an approved JITC solution. The only facsimile solution approved at this time is OpenText RightFax. OpenText RightFax products, support, and maintenance are available from authorized resellers of OpenText RightFax. DFAS is renewing licenses and purchasing maintenance for the OpenText RightFax software currently loaded on

DFAS systems. RightFax is installed on all user workstations at DFAS and a new system would require a new client, training of DFAS users on the new client, management of archived faxes, phonebooks and contacts previously created. The renewal of OpenText RightFax maintenance and support represents the only approach for the Government, ensuring continuity of operations and reducing the costs/user impact by enabling the use of the DSN network.

DFAS has XXXXXXX invested in OpenText RightFax software through past acquisitions. The cost to procure another application would be in excess of XXXXXX, in addition to the training and installation costs that are associated with any new application. Consequently, the renewal of the

OpenText RightFax maintenance represents the most cost effective approach for DFAS, ensuring continuity of operations without interruption.

An Request for Quote (RFQ) will be issued through NASA SEWP to all Contract Holders under

SEWP Contract groups B, C, and D in accordance with NASA SEWPs Fair Opportunity

Procedures. Accordingly, the exception in FAR 5.202(a)(6) applies.

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

In determining a fair and reasonable price, the Contracting Officer will evaluate a more detailed breakdown from a formal Independent Government Cost Estimate (IGCE). Based on an RFQ issued against the SEWP IDIQ vehicle, it is anticipated the pricing will be fair and reasonable, as determined under the terms and conditions of the RFQ to be submitted to all SEWP contract holders. Additionally, price comparisons will also be accomplished from as many other sources as possible, including commercially as well as any Government-Wide Acquisition Contracts (GWAC) and the GSA Federal Supply Schedules.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P464_78748 https://aplits.disa.mil/

These items are available from multiple Value Added Resellers on the NASA SEWP schedule.

Based on market research, it is anticipated that SEWP pricing will be lower than open market pricing.

Leveraging DFAS’ current use of the OpenText RightFax software licenses, along with open market price comparison, the contracting officer is confident in obtaining the best value for DFAS.

6. Any other facts supporting the justification.

Nothing to add to this section that has not already been articulated within this justification document. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Market research was conducted for the purpose of seeking as many potential sources as possible. An RFI was posted on NASA SEWP. Competition was sought among all authorized resellers for the best possible pricing. NASA SEWP RFI # 27524, solicited bids from all vendors. The following were received:

RFI results:

XXXXX XXXXXXXX

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

Although Rightfax is the sole manufacturer and XXXXXX was the XXXXX received when the

RFI was released it is anticpated the price will be in line with the previous procurement. The previous effort was solicited via NASA SEWP unrestricted and was awarded under contract

XXXXXXXXXXX order XXXXXXXX to XXXXXXXXXX for a total amount of XXXXXXX for a one year performance period of October 1, 2015 through September 30, 2016. At the time of award option years were not available. Even though sources are limited per per DoDI 8100.3 as mentioned above DFAS Technology Services Organization will continue to research and monitor the market in order to explore alternative solutions in seeking competition and making technology decisions that are in the best interests of the Government.

8. The contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

9. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

Requiring Activity/Program Management Office Certification

Printed Name:____XXXXXXXXXXX___

Title XXXXXXXXXXX Org. Code ___ XXXXXXXXXXX

Signature XXXXXXXXXXX Phone XXXXXXXXXXX Date__ XXXXXXXXXXX

Technical Certification

Printed Name:____ XXXXXXXXXXX ___

Title XXXXXXXXXXX Org. Code _ XXXXXXXXXXX ______

Signature XXXXXXXXXXX Phone XXXXXXXXXXX Date___ XXXXXXXXXXX

Contracting Officer Certification

I hereby determine that the anticipated cost for this contract action will be fair and reasonable. I certify that this J&A is accurate and complete to the best of my knowledge and belief.

Printed Name:

Title Contracting Officer Organization Code XXXXXXXXXXX

Signature__ XXXXXXXXXXX __ Phone XXXXXXXXXXX Date___ XXXXXXXXXXX _

REVIEW FOR LEGAL SUFFICIENCY

Printed Name _____ XXXXXXXXXXX ___

Title ____ XXXXXXXXXXX __ Organization Code ___ XXXXXXXXXXX __

Signature____ XXXXXXXXXXX _ Phone ____ XXXXXXXXXXX __Date_ XXXXXXXXXXX