JA_BMC_Maintenance_Redacted.pdf

FOR OFFICIAL USE ONLY (FOUO)

BMC Software License Maintenance Requirement

SOURCE SELECTION INFORMATION – SEE FAR 2.101 & 3.104

FOR OFFICIAL USE ONLY (FOUO)

DEFENSE LOGISTICS AGENCY (DLA)

DLA CONTRACTING SERVICES OFFICE-PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA, PA 19111-5092

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

Requiring Activity:

Defense Logistics Agency (DLA) DLA Information Operations (J62BL)

Contracting Activity:

DLA Contracting Services Office - Philadelphia (DCSO-P) 700 Robbins Ave.

Philadelphia, PA 19111

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED:

Pursuant to Federal Acquisition Regulation (FAR) 6.302-1, this justification authorizes the use of other than full and open competition for the procurement of brand name specific BMC software licenses maintenance and support. The Government contemplates award of a firm-fixed price contract.

3. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET

THE AGENCY’S NEEDS/ESTIMATED DOLLAR AMOUNT:

DLA has a requirement for brand name BMC software maintenance and support for its existing BMC software licenses. The required support consists of BMC ITSM Premier Support, BPPM Continuous Support, BMM Continuous Support, and Control-M and Discovery Continuous Support. Premier Support provides the highest level of maintenance support. In the case of a critical incident, the BMC Support organization has up to 4 hours to respond. This response time is required due to the mission critical nature of DLA applications.

SOURCE SELECTION INFORMATION – SEE FAR 2.101 & 3.104

Currently, maintenance of DLA’s existing BMC software licenses is supported under contract SP4701-19-C-0031, which expires on June 30, 2020. The attached Bill of Materials (BOM) provides a breakdown of the licenses and quantities to be supported, as well as the individual maintenance and support Contract Line Item Numbers (CLINs). This will be a one-year contract with a period of performance of July 1, 2020 through June 30, 2021.

The estimated dollar value of this requirement is

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION:

The statutory authority permitting other than full and open competition is Title 10, U.S.C. 2304 (c)(1), as implemented by FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF ACQUISITION REQUIRES USE OF THE

CITED AUTHORITY:

In accordance with FAR 6.302-1, brand name BMC software maintenance and support is essential to the Government’s requirement because the products and services required are available from only one responsible source, and no other type of products or services will satisfy the Agency’s needs. A brand name item, whether available on one or more contracts, is an item peculiar to one manufacturer and may be procured by brand name specification if essential to the Government’s requirements. The required BMC software maintenance and support are brand name commercial items peculiar to one manufacturer – BMC Software, Inc.

(“BMC”). As discussed in further detail below, the BMC brand name is essential to the Government’s requirements, thereby precluding consideration of products and services provided by another company.

DLA requires BMC software maintenance and support for all DLA BMC software licenses enterprise wide. The DLA Enterprise Business System (EBS) Program requires DLA to maintain its BMC software for ongoing operations and support. BMC software is used on sustainment servers to monitor server and application health 24x7 and to provide warning and error notifications to system and software owners regarding both real and potential hardware and software failures. This monitoring is essential to resolve system issues before systems or applications breakdown due to resolvable conditions. Similarly, this brand name requirement is essential for DLA’s BMC software to acquire the necessary software patches, updates, and technical support.

This requirement can only be satisfied by the OEM or its certified resellers. No other firm is capable of providing, or is authorized to provide, the required maintenance and support for brand name BMC products due to the proprietary nature of the software. For example, no other firm’s software maintenance and support are compatible with DLA’s existing BMC ITSM Remedy software licenses. Only BMC’s solution provides the required direct access to BMC ITSM Remedy engineers, developers, and internal knowledge-based resources with certified technical expertise. These engineers and operators have the expert knowledge of the inner workings of BMC products and have exclusive, direct access to product source code.

Furthermore, the products and product source code are intellectual property of BMC. Access to these resources is required to ensure that any technical or operational problems encountered by DLA may be immediately resolved. Detailed and internal knowledge of BMC code and products is required to identify, address, and resolve currently unknown security issues and attack vectors that present immediate danger to the complex DLA end user computing environment. Lastly, no other source has access to the patches and updates necessary to ensure BMC software licenses remain current and secure.

Based on the foregoing, this brand name restriction is justified because BMC software maintenance and support are essential to the Government’s requirement, and no other type of products or services are capable of satisfying DLA’s needs.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE:

The current action will be issued as a Combined Synopsis/Solicitation Request for Proposal (RFP) posted to the Contract Opportunities website (beta.sam.gov) in accordance with FAR 5.201(b). All authorized BMC resellers will be given an opportunity to submit a proposal.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE:

As the Contracting Officer, I hereby determine that the anticipated cost to the Government will be fair and reasonable. The Government will attempt to obtain offers from as many vendors as practicable. Proposals will be analyzed in accordance with FAR 15.404-1. It is anticipated that the Government will use various price analysis techniques including, but not limited to (1) Comparison of proposed prices received in response to solicitations in accordance with FAR 15.404-1(b)(2)(i); (2) Comparison with competitive price lists in accordance with FAR 15.404- 1(b)(2)(iv); and (3) Comparison of proposed prices obtained through market research for the same or similar items in order to obtain a fair and reasonable price in accordance with FAR 15.404-1(b)(2)(vi).

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT

CONDUCTED:

Market research for this brand name requirement was conducted via Open Market procedures.

Best in class Governmentwide Acquisition Contracts (GWACs) such as NASA SEWP and GSA eBuy are not available sources of procurement as not all the BMC resellers are contract holders. As a result, this contract requirement will be solicited as a 100% Small Business Set-

Aside via the Contract Opportunities website (beta.sam.gov). As noted above in Section 5, the required BMC software maintenance and support for DLA’s existing BMC licenses is only offered by BMC and its authorized resellers.

9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

The introduction of similar software products and services provided by alternate sources would require significant expenditures of funding to obtain a new product. Furthermore, it would require significant training efforts that would demand unacceptable resource reallocation.

Finally, it would cause significant schedule delays and potentially result in mission failure.

10 . A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED IN WRITING, AN

INTEREST IN THIS ACQUISITION

11. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO

REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED:

DLA continues to exercise competition as often as possible and is required to conduct on-going reviews to keep abreast of new technology, both in industry and in the Government. DLA uses a variety of vendors, manufacturers, and contracts to fulfill its requirements and will continue its practice of surveying the market to ensure the potential for future full and open competition.

SOURCE SELECTION INFORMATION – SEE FAR 2.101 & 3.104

ATTACHMENT 1 BILL OF MATERIALS (BoM)