JOFOC SirsiDynix 2022-23.pdf

UNITED STATES DEPARTMENT OF EDUCATION

Office of the Chief Financial Officer Contracts and Acquisitions Management

JUSTIFICATION FOR

OTHER THAN FULL AND OPEN COMPETITION

1. IDENTIFICATION:

• Agency: U. S. Department of Education

• Contracting Activity: Contracts and Acquisitions Management

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

The U.S. Department of Education (The Department) seeks to negotiate and award a contract for maintenance of the library's integrated library system, which is commonly known as the library catalog. The library's integrated library system receives heavy use and continual maintenance is critical to its performance.

3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY'S NEEDS:

• Project title: Maintenance of (bl(4l integrated library system.

• Description of supplies or services: (bl(4l will conduct ongoing maintenance on the library's integrated library system. The reason for the request is that bl(4) software is proprietary and (b)(4) is the creator and owner of the software. Because._(b_)(4) _, built this proprietary system and how the system was built is a corporate secret, they are the only company that is capable of maintaining and operating the software program that drives the library's integrated library system and they must be the ones to maintain the prop1ietary system. The software system has a number of linking components and all components must be maintained so that the linking relationship between components continues to work correctly.

• The quote for maintenance from April 1, 2022 to March 31, 2023 is , This document contains proprietary or procurement sensitive information related to the conduct of a federal agency procurement and shall not be disclosed to any person other than a person authorized by the Contracting Officer to receive such information.

This document contains proprietary, or procurement sensitive information related to the conduct of a federal agency procurement and shall not be disclosed to any person other than a person authorized by the Contracting Officer to

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4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION: check one

• 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements _X

• 6.302-2, unusual and compelling urgency

• 6.302-3, industrial mobilization; enginee1ing; developmental, or research capability; or expert services

• 6.302-4, International agreement

• 6.302-5, authorized or required by Statute

• 6.302-6, national security

• 6.302-7, Public interest

5. CONTRACTOR'S UNIQUE QUALIFICATIONS OR NATURE OF THE

ACQUISITION REQUIRES USE OF THE AUTHORITY CITED:

The integrated library system from(..b.._.)(4_l

_, is proprietary. There is no other company or individuals, including the IES IT POC and IT team, capable of overseeing the maintenance of this system.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE OFFERS ARE SOLICITED FROM

AS MANY POTENTIAL SOURCES AS PRACTICABLE:

The procurement will be limited to l(bH4> because the software is proprietary and l(b)(4) I IS the creator and owner of the software. (b)(4) I IS the only vendor with knowledge of this complex computer software program.

7. DETERMrNATION BY CONTRACTING OFFICER THAT THE ANTICIPATED

COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

This procurement will be firm-fixed-price. The work is done throughout the year and includes issuing upgrades and patches for the system, 24/7 Client Care access, and maintenance of the help desk archive. If the library were billed for each service it receives fro (bl(4) it would cost far more than the maintenance contract. Just three hours per week at the hourly rate $124.00, including labor and overhead, would exceed the cost of the maintenance contract. If the IES IT team were capable of creating upgrades or patches and providing customer service for the system, the cost would be more than what the Department is being charged by the vendor.

8. DESCRIPTION OF MARKET SURVEY AND RESULTS, OR STATEMENT WHY

MARKET SURVEY WAS NOT CONDUCTED:

This document contains proprietary' or procurement sensitive information related to the conduct of a federal agency procurement and shall not be disclosed to any person other than a person authorized by the Contracting Officer to

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Market research was not conducted as part of this procurement because the software is proprietary and (b)(4) is the creator and owner of the software.

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

COMPETITION:

The only company with the knowledge to successfully complete the migration 1s the company that programmed the software -b)(4)

10. SOURCES, IF ANY, WHICH HAVE EXPRESSED IN THE ACQUISITION IN

WRITING:

None.

11. STATEMENT OF ACTIONS, IF ANY, TO REMOVE OR OVERCOME BARRIERS

TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES:

None.

12. CONTRACTING OFFICER (CO) CERTIFICATION THAT THE JUSTIFICATION IS

ACCURATE AND COMPLETE TO THE BEST OF THE CO'S KNOWLEDGE AND

BELIEF, AND THIS PROCUREMENT IS NOT A RESULT OF A LACK OF

PLANNING OR EXPIRATION OF FUNDS:

I hereby recommend that this justification be approved and that the Department proceeds with the procurement and award of this requirement. I certify that this justification is complete and accurate to the best of my knowledge.

Program Office Certification:

This is to certify 1ha1 the data supporting this justification is the responsibility of the program office personnel, including verifying the Government's minimum needs or schedule requirements or other rationale for limited sources (pursuant to 8.405-6) or for other than full and open competition justification (pursuant to 6.303-2(b)) which form a basis for this justification, and that such data and rationale are accurate and complete.

Digitally signed by KAREN TATE Date:2022.01.06 12:42:47 -05'00' 01/06/2022

Karen Tate Program Manager/COR

Date

KAREN TATE

This document contains proprietary or procurement sensitive information related to the conduct of a federal agency procurement and shall not be disclosed to any person other than a person authorized by the Contracting Officer to

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Contracting Officer Certification:

This is to certify that the data supporting this justification is the responsibility of the undersigned program o,[(tce personnel, including verifying the Government's minimum needs or schedule requirements or other rationale for limited sources (pursuant to 8.405-6) or for other than. full and open competition justification (pursuant to 6.303- 2(b)) which form a basis/or this justification, and that such data and rationale are accurate and complete.

Leontyne Minor Contracting Officer Date