J_A_BANKSCAN_Redacted.pdf

Justification for Other than Full and Open Competition

In accordance with Federal Acquisition Regulation (FAR) 6.303-2

1. Agency and Contracting Activity.

This justification is prepared by the Small Business Administration, Office of Financial Operations & Acquisition Management, Acquisition Operations Division in conjunction with the Office of Inspector General.

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

The government anticipates award of a sole source contract for BankScan licensed software identified on . The anticipated contract type is firm fixed price. This acquisition is restricted to the following source:

Company:

Company Address:

Company Point of Contact and Phone Number:

3. Description of Supplies or Services.

The government requires 14 licenses of the software to be used by Investigative Analysts to facilitate the conversion of bank and credit card statements into Excel or other electronic formats. We have been using in previous years and have found their product and service excellent.

This requirement is estimated to cost

4. Statutory Authority.

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements (41 U.S.C.3304(a)(1)).

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

The contracting officer has determined the circumstances of the contract action to meet the statutory exception under FAR 6.302-1. BankScan Software allows our analysts to convert real time data into manageable formats to cross examine and provide detailed reports to our investigators.

is the only source for these licenses because they own the property rights. OIG currently uses Bankscan software and is looking to add more licenses and needs to continue using Bankscan software.

6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR

5.2 and, if not, which exception under FAR 5.202 applies.

N/A

7. Determination that the anticipated cost to the government will be fair and reasonable.

The contracting officer determines the anticipated cost will be fair and reasonable based on comparing historical prices, independent government cost estimate, other federal government contracts awarded to and most importantly it will negotiate quantity discounts.

8. Market research conducted and results.

Pursuant to the procedures outlined in FAR 10.002, Market Research was performed to determine if adequate resources were available in the market to satisfy the SBA OIG needs.

Market research consisted of examining internet searches, discussions with other government agencies that awarded similar services, and contacting knowledgeable individuals in the Program Office.

a) Internet research consisted of reviewing SBA mandates, specifically, SBA Procurement Guidance that states Contractor shall comply with all security requirements, including but not limited to the regulations and guidance found in Federal Risk and Authorization Management Program (FedRAMP). Currently, is the only known vendor to meet these requirements.

b) During this process, SBA OIG received guidance with Department of Justice (DOJ-OIG) regarding their experience with and/or recently awarded contracts with

. for similar requirements. DOJ justified using as the only vendor capable to fulfill SBA-OIGs requirements.

c) Based on the above, it has been determined that , is the only manufacturer and distributor BankScan Licensed Software.

9. Other facts supporting the justification.

Based upon the facts provided, it is not viable for the SBA OIG to solicit or engage a solution that is not compatible with partnering agencies to facilitate this program. The equipment and supporting systems used by participating Agencies have been procured over several years. For SBA-OIG to attempt to match systems and capabilities would be time and cost prohibitive based upon the required mission.

Upon completion of market research, SBA OIG has concluded a Justification for Other Than Full and Open Competition (Brand Name) exists, per 6.302-1 (c), as only one responsible source and no other supplies or services will satisfy agency requirements.

10. A list of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

Actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

Barriers to entry for this requirement are regulatory in nature. The agency would have difficulty removing these barriers as it is not the exclusive regulatory body for these purchases. Removing these barriers would require significant investment in a developmental program or appeals for exceptions to regulatory requirements.

The SBA OIG makes every effort to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. If future solicitations for services are required, SBA/ OIG will continue to utilize beta.sam.gov, GSA Ebuy and other websites to promote competition to the maximum extent practicable.

The Program Office will continue to research the marketplace and communicate with other agencies, to determine if similar products and/or services can meet its needs in the future to remedy the restricted competition on future requirements of this technical nature.

In the future, competition will most likely be dependent on whether competing vendors allow integration of established systems currently in use.

11. Certification

I certify that the facts and representations under my cognizance, which are included in this justification, and which form a basis for this justification, are complete and accurate.

Office of Inspector General

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

Contracting Officer

Approval

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and

Supervisory Contracting Officer