J&A.pdf

SOLE SOURCE JUSTIFICATION FOR SIMPLFIED ACQUISITIONS

FAR Part 13.501(a)(1)(ii)

1. Identification of the agency and the Contracting Activity:

Requesting Agency: U.S. Department of State, Bureau of International Narcotics and Law Enforcement Affairs (INL) Requesting Department: INL/Jerusalem Contracting Activity: A/LM/AQM – RPSO-FR

In accordance with Federal Acquisition Regulation (FAR) 13.501(a)(1) in accordance with 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903, the Office of Acquisition Management proposes to award on the basis of other than full and open competition with Trimble for the purchase of project management software, application hosting and application staff training on behalf of INL/Jerusalem. The total estimated cost is $179,790.

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

INL/Jerusalem office requires that the Regional Procurement Support Office based in Frankfurt use other than full and open competition to purchase a one year, firm-fixed price construction management system package comprised of software (Prolog), server hosting and application training from one vendor, Trimble for INL/Jerusalem and the Palestinian Authority (PA).

3. A description of the supplies or services required to meet the agency’s needs:

INL/Jerusalem requires the purchase of a construction management software system, server hosting and project set-up and software training services (GCCM) to manage over 20 constructions projected supported by INL/Jerusalem in the Palestinian Territories. The estimated cost for the acquisition is the following:

CLIN001-Software Purchase is $66,900.

CLIN002-Server hosting is: $22,890.

CLIN003-GCCM is: $48,000 CLIN004-Reimbursable Travel $42,000 Total $179,790

4. An identification of the regulation permitting other than full and open competition: FAR

13.501(a)(1)(ii), Only one responsible source and no other supplies or services will satisfy agency requirements. The one source is Trimble’s Prolog system.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

INL/Jerusalem does not issue construction contracts. Funded Implementation Letters (IL) are issued to the PA and funds deposited in the Arab Bank. The PA hires local construction contractors using their own tender documents. INL’s engineering staff (3 FSNs and 1 AMCIT) provides oversight, approves the invoices and releases funds. To work with the local contractors the INL staff needs a software package that is in Arabic for the local contractors and in English for INL staff. There are no other software programs on the open market that can fulfill the project management needs of the PA and INL (English and Arabic). Upon extensive market research and analysis of project management software, we concluded that only one product, Prolog, meets two critically important requirements - local support, and an Arabic/English platform. Prolog has an office in Dubai, only one hour ahead of the PA time zone. Prolog also has an Arabic/English platform with built in “OCR” functions that will read Arabic PDF documents. Users can toggle back and forth between Arabic and English characters when typing. Without these Arabic capabilities, the software cannot be used by the PA. In comparison, Procore the only other comparable vendor is located on the U.S. West Coast, and therefore can only provide limited technical support to the PA. Procore does not currently offer an Arabic/English platform, which is critically important to the effectiveness of INL’s funds oversight function and the PA’s construction management operations.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. The description should include whether a FedBizOpps notice was or will be publicized, as required by FAR 5.2, and if not, which exception under FAR 5.202 applies (e.g., blanket waiver provided in DOSAR 605.202-70).

Market research was conducted to determine if similar services were available elsewhere to meet the Government’s needs. The following four other MIS systems were analyzed:

Procure, Microsoft Dynamics, Sage and Vista. However, Trimble’s Prolog is the only one that has an Arabic/English platform with built in “OCR” functions that will read Arabic PDF documents. With over twenty construction projects in the West Bank, the Palestinian Infrastructure Unit (PIU), which manage these projects with oversight from INL/Jerusalem, require an MIS program with an English and Arabic platform. A FedBizOpps notice will be posted.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Note: dollar amounts may not exceed statutory limitations for the commercial items test program identified in FAR 13.500.

The Contracting Office determines that the anticipated price(s) will be fair and reasonable based on market research. By signing the justification the Contracting Officer makes a determination that the cost/price to the Government are expected to be fair and reasonable.

There is extensive market research available to help the government determine that the price is fair and reasonable. No other solicitations were contemplated due to unique procurement difficulties with suppliers from outside the West Bank and lack of any other authorized dealers. Prices paid are the commercial price charged to all West Bank customers.

8. A description of the market survey conducted (per FAR Part 10) and the results or a statement of the reasons a market survey was not conducted.

The requiring office conducted extensive market research. Software programs from Trimble, Procure, Microsoft Dynamics, Sage and Vista were reviewed as part of the market survey.

Based on the market research, only Trimble has the software available in Arabic and English and is the closest to the project site to ensure proper customer support and reduce support and training costs for the INL program.

9. Any other facts supporting the use of other than full and open competition:

With an office in Dubai, only one time zone away from the PA, Timble can provide better technical support. In comparison, Procore the only other vendor is located on the U.S. West Coast and can only offer a limited window of technical support to the PA. Construction management software is complicated to use. Effective use requires vendor support and staff training. Procore’s location in the West Coast of the U.S. limits INL and the PA’s ability to get prompt support for urgent issues. Additionally, use of this software requires training and INL will need to send staff and project partners to vendor provided training. Timble’s Dubai office represents a considerable travel cost savings for this program compared with the other comparable vendor located on the West Coast of the U.S.

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

No other sources that have expressed interest in this acquisition have the software in Arabic.

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:

This J&A for other than full and open competition shall be published on FedBizOpps in accordance with FAR section 5.102 within 14 days after contract award. Since INL is buying the software package, we do not anticipate the need for further purchases.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION AQM QA Plan I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

SIGNATURE:

//Signed// May 4, 2017 Scott Saarlas Date PA Framework Agreement PM INL/U.S. Consulate Jerusalem

CONTRACTING OFFICER CERTIFICATION AQM QA Plan I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval. (Ref: 6.303-2(b)(12) Serves as Approval for J&A Over Simplified Threshold Not Exceeding $700,000)

SIGNATURE:

//Signed// May 4, 2017 Fabiola Bellevue Date Contracting Officer Office of Acquisition Management

(A/LM/AQM – RPSO-FR)