Attachmate_LSJ_Redacted.pdf

Tracking #JA15-0087

Justification and Approval for “Fair Opportunity Brand Name”

1. Requiring Activity & Contracting Activity: Defense Health Agency (DHA), Contracts Operations Division San Antonio (COD-SA), JBSA, 2720 Howitzer Road, Fort Sam Houston, TX 78234.

2. Nature/Description of Action: The government intends to negotiate a new firm fixed price task order using FY15 Operations and Maintenance (O&M) funds for the procurement of Attachmate Reflections for Secure IT Client/Server products (brand-name) via NASA Solutions for Enterprise-Wide Procurement (SEWP), in accordance with Federal Acquisition Regulation (FAR) 16.505 “Fair Opportunity” and FAR 11.105 - items peculiar to one manufacturer (Brand Name) process. This is a renewal for software support for existing DHA Attachmate Reflections equipment.

3. Description of Supplies/Services required to meet the agency’s needs: The DHA requires an Attachmate Software Maintenance Support Agreement for government-owned Attachmate equipment located throughout the DHA. The anticipated contract award will be issued via NASA Solutions for Enterprise-Wide Procurement (SEWP) using fair opportunity process amongst all groups of contract holders. This will be a brand name firm-fixed-price contract. The period of performance is 15 April 2015 through 14 April 2016. This requirement will be procured with FY15 Defense Health Program (DHP), Operations and Maintenance funding. The estimated value of the proposed contract is $17,268.00 for the base year, $17,596.09 for Option period one and $17,930.42 for option period two. The total estimated total price is $52,794.51.

4. Identification of the Authority & Supporting Rationale: In accordance with FAR 16.505(b)(1)(iii)(B)FAR 11.105(a)(1) the particular brand name, product, or feature is essential to the government’s requirements, and market research indicates other companies’ similar products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs and; FAR 16.505(a)(4)( 4)(i)- a brand-name item, even if available on more than one contract, is an item peculiar to one manufacturer. Only Attachmate software can meet the Government’s requirement. Attachmate is the Original Equipment Manufacturer (OEM) for the required brand name Maintenance and Advanced Services Support Agreement. Attachmate is the manufacturer of this software and owns the proprietary rights to their software and hardware.

Only Attachmate Qualified Support Partners are authorized by Attachmate to service Attachmate products. Attachmate equipment is required to maintain commonality of the hardware/software used throughout the Military Health System’s Medical Treatment Facilities network while also meeting the compliance with the Defense Information Systems Agency (DISA) Joint Interoperability Test Command (JITC) Unified Capabilities (UC) Approved Products List (APL). The Attachmate hardware/software originally purchased was based on the current production systems to ensure compatibility within the Network Enterprise Infrastructure and compatibility with the existing network server operating systems. Failure to renew the Attachmate Software support will reduce inter-operability and increase system maintenance costs. Purchasing hardware/software from a different manufacturer will require additional training, equipment costs and create delays caused by the new hardware configuration that is not expected to be recovered through competition. The cost and expenses associated with replacing

Source Selection Information (See FAR 2.101 and 3.104-4) the Attachmate Software switch infrastructure at numerous Medical Treatment Facilities is estimated at well in excess of $20 million dollars.

5. A determination by the ordering activity contracting officer that the order represents the best value consistent for FAR 16.505(b)(1): The Contracting Officer hereby determined that this action represents the best value to the Government IAW 16.505(b)(1) and through analyzing product/service information on the technical capabilities and prices/costs from appropriate schedules (SEWP, CHESS, GSA, DITCO) where this requirement will be competed among multiple contract holders. The subsequent awardee provides the greatest overall benefit in response to this requirement. The SEWP fee for awards is currently .39 percent compared to over 2 percent for other contracting vehicles.

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: In accordance with FAR Part 10, market research was conducted by researching and consulting with the civilian and military healthcare organizations to identify alternatives. There are multiple contractors that are able to provide Attachmate Reflections Software Qualified Support Partners as authorized resellers that will be able to provide the required items for this requirement. We expect adequate price competition under SEWP for the licenses and maintenance.

7. Other Facts:

a. Procurement History:

The proposed contract will be a follow-on maintenance renewal to consolidate two current contracts:

The current contract numbers are N65236-14-F-0861, expiring 5/31/15, with GC Micro, and W91QUZ-07-D-0009-ZS1N, expiring 4/10/15, with CDWG. These contracts will be co-termed in the new contract.

a. Acquisition Data Availability: Attachmate name brand is the only supplier of the required support that is compatible with the existing Network Management System.

Additionally, in April 2015, market research was conducted and confirmed that Attachmate has authorized resellers who are SEWP contract holders who can provide the requisite products.

b. Subcontracting Competition: There are no identifiable Subcontracting Opportunities on this procurement. However, FAR clause 52.244-5, Competition in Subcontracting, is included in the SEWP contracts.

8. A statement of the action, if any, the agency may take to remove or overcome any barriers that lead to the restricted consideration before any subsequent acquisition for the supplies or services is made: Until such time as the infrastructure is changed, there are no efforts to overcome barriers to proprietary systems and software other than offering the requirement to certified partners.

No other manufacturer’s products have been found that will meet program needs. However, the

Source Selection Information

Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed.

Coordination:

9. Technical/Functional Representative: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name: Date: _______________________________

Title:

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

Typed Name:

Source Selection Information

11. . Legal Review: I have reviewed this justification and approval and it is deemed to be legally sufficient.

Typed Name: __________________________ Date: ______________________________

Title: _ Signature:

12. Contract Policy and Compliance Division (CP/CD): I certify that this justification is accurate and complete to the best of my knowledge and belief.

Title:

Approval:

13. Contracting Officer: Based on the foregoing justification, I hereby approve the procurement of Attachmate reflections Software Maintenance and Advanced Services Support on a fair opportunity brand name basis pursuant to the authority of FAR 16.505(b)(1), subject to availability of funds, and provided that the supplies and/or services herein described have otherwise been authorized for acquisition.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Source Selection Information