JA- Open Text AppWorks Licenses_Redacted.pdf

DEFENSE LOGISTICS AGENCY

CONTRACTING SERVICES OFFICE - PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA, PENNSYLVANIA 19111-5092

Controlled Unclassified Information (CUI)

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY.

Requiring Activity:

Defense Logistics Agency (DLA) Information Operations (J6) Document Automation Management J62KA 700 Robbins Avenue Philadelphia, PA 19111 POC: Edmund Mocarsky Phone: (267) 582-3479 Email: Edmund.Mocarsky@dla.mil Contracting Activity:

DLA Contracting Services Office- Philadelphia (DCSO-P) 700 Robbins Avenue Philadelphia, PA 19111 Contracting Officer: James T. Smith Phone: (215) 737-2713 Email: James.t2.Smith@dla.mil

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

In accordance with FAR 6.302-1, this justification authorizes and approves the procurement of brand-name “Open Text” AppWorks Licenses to be included under contract # SP4701-18-C-0014 for Open Text Software Maintenance Support from Open Text, Inc. as the only responsible source.

The original procurement was solicited via Open Market procedures as a Request for Proposal (RFP) posted to SAM.gov formerly Federal Business Opportunities (www.fbo.gov) system. The resultant firm fixed priced contract, SP4701-18-C-0014, was awarded to Open Text, Inc., the sole source offeror.

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

THE AGENCY’S NEEDS/ESTIMATED DOLLAR AMOUNT.

DLA Information Operations (J6) has a requirement to include brand-name Open Text AppWorks Licenses to contract # SP4701-18-C-0014 with Open Text Inc. for Open Text Software Maintenance Support.

CUI

Source Selection Information – See FAR 2.101 & 3.104

The period of performance will be effective July 19, 2021 through December 31, 2021.

4. IDENTIFICATION OF THE 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 the Federal Acquisition Regulation (FAR) 6.302-1, “Only one responsible source and no other supplies or services will satisfy the agency requirement.”

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITIONS REQUIRES USE

OF THE AUTHORITY CITED:

In accordance with FAR 6.302-1, brand name Open Text AppWorks Licenses is essential to the Government's requirement because the supplies or services required by the agency are available from only one responsible source, and no other type of supplies or services will satisfy the agency's requirements. A brand name, 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 Open Text brand name specification is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company.

DLA J6 has a requirement to secure licensing required for the operation and sustainment of Document Automated Content Services (DACS) operations. Because DACS operates on the Open Text platform and products, DLA requires the continued software subscription and support for the Open Text products it utilizes as the platform for the DACS system. The Open Text products form the basis of DACS and as such, are essential to its operation. DACS consists of 40+ external and internal data stores consisting of over 90TB of data that are accessed by over 20K external and internal users.

DACS is tasked with creating the DLA Equipment Management System using a lowcode/no-code solution by 1 Oct 2021 in accordance with DoDi 5330.03 7May2021.

In order for DACS to service all of DoD within the required timeline we must Mod a current contract as there is not enough time to go through normal competition processes.

DACS already has a direct contract with the COTS manufacturer.

Per FAR 6.302-1 an exception to fair opportunity is justified in this case because the additional support must be issued on a sole-source basis to Open Text, Inc. Open Text AppWorks Licenses are essential to the Government’s requirement and is the only product that will meet the Government’s needs. Therefore, it is in the best interest of the

Government to add the required Open Text AppWorks Licenses to the already established contract SP4701-18-C-0014 with Open Text, Inc.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE:

The requirement was solicited via Open Market procedures as a Request for Proposal (RFP) posted to SAM.gov formerly Federal Business Opportunities (www.fbo.gov) system. All responsible parties were given an opportunity to submit an offer.

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 pricing will be fair and reasonable based on pricing analysis in accordance with FAR 15.404-1. It is anticipated that the Government will use various prices analysis techniques including, but not limited to:1) comparison of proposed prices received in response to the solicitation (reference FAR 15.404-1(b)(2)(i); 2) comparison with competitive published price lists (reference FAR 15.404-1(b)(2)(iv); and 3) comparison of proposed prices with prices obtained through market research of the same or similar items (reference FAR 15.404- 1(b)(2)(vi)), in order to obtain a fair and reasonable price.

8. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS OR A STATEMENT OF THE REASONS MARKET RESEARCH

WAS NOT CONDUCTED:

For all intents and purposes, this requirement is for a sole source or source-controlled item whereby the developer or original equipment manufacturer, Open Text, is the sole source authorized to submit a comprehensive technical offer under the Open Text Software Maintenance Support requirement.

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

OPEN COMPETITION:

N/A

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

INTEREST IN THE ACQUISITION:

11. A STATEMENT OF 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 has exercised and continues to exercise competition as often as possible and is required to conduct ongoing reviews to keep abreast of new technology, both in industry and in the Government. DLA uses a variety of vendors, manufacturers, and contracts/orders to fulfill its requirements and will continue its practice of surveying the market to ensure full and open competition to the maximum extent practicable.

J6 is required to conduct ongoing reviews of IT solutions in order to keep abreast of new technology, in both Government and private sectors. According to the IT Solutions document, whenever substantial improvement over presently identified solutions is demonstrated, the existing document will be updated to ensure DLA continues to use the best products and services for their mission requirements.

Controlled By DLA DCSO Philadelphia CUI Category General Procurement and Acquisition

Distribution/Dissemination Controls FED ONLY Contracting Officer James T. Smith/215-737-2713/James.T2.Smith@dla.mil