Limited Source J_A 23-20_Final - Redacted.pdf

Justification Review Document for Limited Source Justification - FAR Part 8

Program/Equipment: Research and Advisory Subscription Services

Authority: 41 United States Code 4106(c) as implemented in Federal Acquisition Regulation 8.405-6(a)(1)(i)(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

Amount: Total price of the requirement (Base +Two (2) option periods): $1,806,792.00.

Prepared by:

Typed Name: Glenn Villarmia DSN: (315) 487-3638 Title:

Contract Specialist Date: 05 June 2023 E-mail:

glenn.p.villarmia.civ@army.mil

Contracting Officer: DSN: (315) 437-8815 Typed Name: Daryl Duenas Date Reviewed: 15 July 2023 E-mail: daryl.s.duenas.civ@army.mil

Technical Representative: DSN: (315) 437-8815

Typed Name: Ms. Michelle Bohlinger Title: Chief of Staff Date: 28 Jun 2023

Requirements Representative:

Typed Name: COL Tonri Brown DSN: (315) 437-2045

Title: Deputy Commanding Officer Date: 28 June 2023

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel Typed Name: CPT Brian Wilson DSN: (808) 787-7140 Signature:

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Control Number: 23‐20

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(Source Selection Information ‐ See FAR 2.101 and 3.104‐4)

Jun 2023

Limited Source Justification – FAR Part 8

1. Contracting Activity: 413th Contract Support Brigade

2. Description of Action: The 311th Signal Command Theater (311th SC(T)) requests to obtain Information Technology (IT) Research and Advisory Subscription Services from Gartner, Inc. (Gartner). The Research and Advisory Subscription Services will be awarded as a fixed-price Task Order (TO) under DoD Enterprise Software Initiative (ESI) Blanket Purchase Agreement No. N66001-19-A-0049. The TO will encompass a Base period plus two (2) option periods (12 months each; 36 months total). The initial/Base period of performance (POP) for these subscriptions is 29- Sep-23 to 28-Sep-24. This requirement will be funded utilizing Operation & Maintenance, Army (OMA) funds. The total price for this requirement (Base + 2 Option Periods) is $1,806,792.00.

3. Description of Supplies/Services:

a. The 311th SC(T) intends to procure a base period plus (2) option periods (12 months each; 36 months total) subscription from Gartner. The primary objective of the subscription is to provide the 311th leadership with specific, consolidated, fact-based, objective IT research material and advice that will enable them to maintain current IT services and adapt to the rapidly evolving IT landscape.

b. The subscription package will provide access to an extensive database of research documents, tool kits, templates, webinars, and peer forums specific to IT operations, strategy, innovation, and business value with federal government perspective. Requirements also include a dedicated and on-demand service delivery team, subject matter experts and analysts providing support that meet objectives associated with requirements listed above, and finally, access to workshops, symposiums, and events. The subscription packages assist with developing command-wide strategic IT plans and to assist with making more informed decisions on the best technological methods to adhere to in this fast changing IT environment.

4. Authority 41 United States Code 4106(c): This acquisition is conducted under the regulatory authority of FAR 8.405-6(a)(1)(i)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

5. Reason for Authority Cited:

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a. Procuring IT Research and Advisory Subscription Services from Gartner is essential to the 311th SC(T) requirements, and market research indicates other the vendor’s do not meet the minimum secret security clearance required. Gartner’s IT Research and Advisory Subscription Services will be integrated as an essential tool into the 311th SC(T)’s standard-practices in order to research and procure IT subscription service and access is required in its continued efforts to upgrade and successfully implement complex and advanced IT initiatives.

b. The subscriptions will assist the 311th SC(T) in developing commandwide strategic IT plans, and to assist with making more informed decisions on the best technological methods to adhere to in this fast changing IT environment. The 311th SC(T) has a unique operating environment, and as a result, subject matter experts (SME) often custom design IT initiatives to accommodate their mandated network requirements. The process of design and deployment of these new initiatives can be risky as the SMEs rely on testing in simulated environments to accurately predict success and a certain level of trial and error fills the void of in- depth, experiential research on specific IT topics. The subscriptions provide a knowledge base on the best practices of introducing the same IT innovations in similarly-unique operating environments thereby minimizing unknown/unforeseen conflicts. Without the knowledge that can be gained from the subscriptions, the 311th SC(T) risk failure when introducing new IT initiatives command-wide. Failure to adequately design and deploy a new IT initiative could mean delay, network down-time, user-distrust, scrapping of the project altogether and always means increased labor and material costs and potential mission essential project disruption or failure.

c. The IT Research and Advisory Subscription is essential to the 311th SC(T) requirement. This subscription will assist with developing command-wide strategic IT plans, and to assist with making more informed decisions on the best technological methods to adhere to in this fast changing IT environment. This proposed acquisition is to procure the IT Subscription Services for the environments within 311th SC(T)s Area of Responsibility.

d. Procuring IT Research and Advisory Subscription Services with a company that has a secret clearance is vital for the 311th SC(T)s unique operational needs, as market research indicated other vendors do not meet the minimum secret security clearance required. The secret clearance is critical because the 311th SC(T) unit operates within a specialized environment where subject matter expert provide valuable assessment, input, and insight with respect IT initiatives that are both complex and sensitive. These discussions and recommendation, often

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held in a secure, classified environment, delve into vulnerabilities that, if exposed, could seriously jeopardize the U.S. Army's operational readiness and national security. These services will not only help us to develop command-wide strategic IT plans and make informed decisions in a rapidly evolving tech landscape but also minimize risks associated with implementation and deployment, such as network downtime, increased costs, and mission failure. Without the clearance to access these in-depth, experiential research and advisory discussions, the unit could face significant setbacks in introducing new, mission-critical IT initiatives.

6. Efforts to Obtain Competition: Government conducted market research for IT

Research and Advisory subscriptions based on the characteristics in paragraph 3 to determine which subscriptions are available that meet the Government’s needs.

The Government reviewed four contractors on the GSA DoD ESI BPA. The market research indicated that while other vendors could meet all of the Government’s requirements, they do not have a secret security clearance which is required for the level of discussions within the agency (see paragraph 5.d.). Gartner meets the secret requirement for an IT Research and Advisory Subscription Service. Market research confirms no other companies’ personnel meet the 311th SC(T) needs.

7. Actions to Increase Competition: The Government will continue to conduct market research to determine if there are changes in the market place that would enable future competitive actions and to ensure that the future acquisition strategy matches the market conditions. The 311th SC(T) will continue to search the marketplace, and alternative solutions will be researched to determine if they will function to meet the requirements. If similar requirements arise, every effort will be made to compete it to the maximum extent practicable.

8. Market Research:

a. Market research efforts included gathering historical acquisition data, reviewing current contracts, internet searches, reviewing catalogs and direct competitor’s literature to determine service availability on the market, conducting internal discussions, reviewing existing DoD-wide contract vehicles and other government-wide acquisition contracts, and determining potential sources.

b. Additional research was done through the GSA DoD ESI BPA to determine four vendors are capable of fulfilling the GSA DoD ESI BPA requirement. Upon reaching out to vendors, only one contractor has a

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secret clearance and ability to access classified information to review and partake in classified discussions (see paragraph 5.d.). The 311th SC(T) staff needs access to an extensive database of research documents, tool kits, templates, webinars, and peer forums specific to IT operations, strategy, innovation, and business value with federal government perspective. The 311th SC(T)’s requirements also include a dedicated and on-demand service delivery team, subject matter experts and analysts providing support that meets objectives associated with requirements listed above, and finally, access to workshops, symposiums, and events.

A secret security clearance is required to review classified information. This information is classified because it relates to IT and the associated Information Assurance aspects of the IT infrastructure. A complete and accurate DD 254 will be required.

9. Procurement History: By placing an order against the GSA DoD ESI BPA using the procedures in FAR 8.405-3, the contracting officer will determine if the order represents the best value to the Government (as defined in FAR 2.101). All of the subscriptions to be purchased have been verified to be on the GSA DoD ESI BPA price list. Although DoD’s competitively awarded GSA DoD ESI BPA has already established fair and reasonable pricing, the contracting officer will make a determination that prices are fair and reasonable based on comparison of the quote received to previous GSA pricing and comparison of the quote to the

Independent Government Cost Estimate. Discounts from the GSA DoD ESI BPA pricing, which was previously determined to provide the Government with pricing advantages, will be sought prior to award.

a. Contract number: W912HQ-23-F-0127. $667,956.00. US Army Corps of Engineers (USACE) Information Technology (CIO/G6) has a requirement for a Gartner IT Analysis & Research services subscription as a supply.

CIO/G6 has a requirement for a Firm Fixed-Price contract in support of CIO/G6 executive, leadership, and technical personnel for a Gartner IT Analysis & Research Services subscription. Services provide best practices, research and insight, peer benchmarks, decision and diagnostic tools, executive networking, advisory support, and learning events. A review of current market conditions shows that there have been no significant changes that would affect the availability or pricing of this specific software. Gartner Inc., continues to hold an exclusive position, being the sole holder of a secret clearance and ability to partake in classified discussions or work.

Contract number: W519TC-23-F-0039. $541,786.00. Army Contracting Command - Rock Island awarded a Firm-Fixed-Price delivery order

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W519TC-23-F-0039 to Gartner Inc. for Information Technology Research and Consulting Services Subscription Licenses placed against the Department of Defense (DoD) Enterprise Software Initiative (ESI) Blanket Purchase Agreement (BPA) N66001-19-A-0049 against General Services Administration (GSA) Federal Supply Schedule (FSS) Information Technology (IT) Schedule 70 contract 47QTCA18D008L.

10. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

11. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: COL Tonri Brown Title: Deputy Commanding Officer

12. Fair and Reasonable Price Determination: I hereby determine that the anticipated price to the Government for this contract action is fair and reasonable, as per FAR 8.404(d), supplemented by DoD Class Deviation 2014-O0011. This determination has been made by the ordering activity Contracting Officer after a thorough evaluation.

The DoD ESI BPA ordering guide for contract number N66001-19-A-0049 explicitly states, "The minimum BPA discount off of the General Services Administration Federal Supply Schedule (GSA FSS) prices is 3% and must remain at this level for the life of the BPA."

The DoD ESI Ordering guide was developed by the DoD to provide comprehensive guidance to contracting officials for the placement of BPA Calls.

Furthermore, the DoD ESI website, in accordance with DFARS 208.74, mandates authorized software buyers and requiring officials to review the DoD ESI website for the availability of an existing DoD ESI agreement before pursuing any other acquisition

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method. In this specific case, the required commercial services are readily available through a DoD ESI Enterprise Agreement (EA), necessitating adherence to the procedures delineated in DFARS Section 208.74 and DFARS PGI 208.7403.

All orders must be subjected to competition among the EA Holders, except in cases where exceptions are applicable. For this particular action, the contracting officer is in full compliance with FAR 8.405-6 regarding exceptions.

The DoD ESI BPAs were awarded on a competitive basis, inherently possessing a commercial nature, thereby obviating the requirement for certified cost or pricing data.

Additionally, for Commercially Available Off-the-Shelf (COTS) Items, as per FAR 15.4031(c)(3), certified cost or pricing data are typically not required. COTS items are readily available in the commercial marketplace and are sold without significant modification.

To ensure a comprehensive evaluation of pricing, this action underwent meticulous review against the product or price list, encompassing competitive prices on both the General Services Administration (GSA) and the DoD ESI Price. Furthermore, the price lists of other vendors, including Forrester (Contract: N66001-19-A-0050), Info-Tech Research Group (Contract: N66001-19-A-0053), and SmartProcure Fedmine LLC (Contract: N66001-19- A-0013), were reviewed and compared to Gartner's prices.

In addition to the price list review, the contracting officer also scrutinized the prices in the contracts under paragraph 9 of this document. The culmination of this comprehensive research has established a reasonable basis that the government will receive a fair and reasonable quote that does not necessitate the submission of certified cost or pricing data.

Typed Name: Daryl Duenas Title: Contract Officer

13. Contracting Officer Certification

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

Typed Name: Daryl Duenas Title: Contract Officer

Approval

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Based on the foregoing justification, I hereby approve limiting sources in the acquisition of Information Technology (IT) Research and Advisory Subscription Services from Gartner, Inc. Base +Two (2) option periods) $1,806,792.00 pursuant to the authority of 41 United States Code 4106 (c) as implemented in Federal Acquisition Regulation 8.405-6(a)(1)(i)(B), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date:

Typed Name: Kyle Kiyonaga Title: Advocate for Competition