Limited Source Justification FAR Part 8_KO Approved v2_Redacted.pdf

CUI//SP-SSEL

Control Number:

CUI//SP-SSEL

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

JUN 2023

Justification Review Document for Limited Source Justification - FAR Part 8

Program/Equipment: IT Research and Advisory Subscriptions

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:

Contracting Officer:

Typed Name: __________________________

Date Reviewed: __________________E-Mail:

Nennie Y. Gargard

22 AUG 203

23-055

CUI//SP-SSEL

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

JUN 2023

Reviews

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

Legal Counsel

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

CONOPS

CUI//SP-SSEL

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

JUN 2023

Limited Source Justification – FAR Part 8

1. Contracting Activity: 410th Contracting Support Brigade.

2. Description of Action: Requirement is for the issuance of a Task Order under a BPA on DoD Enterprise Software Initiative. The Task Order will include a 1-year subscription for IT Advisory and Research license.

3. Description of Supplies/Services: The required product subscription package will include one Chief Information and Security Officers (CISOs) Team Leader and one CISOs Team Member for 1-year duration estimated at

4. Authority Cited: 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.

5. Reason for Authority Cited: 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. Internet research revealed that the specific licenses required are not available to resellers and may only be purchased directly through Gartner Inc.

6. Efforts to Obtain Competition: Requirement was previously incorporated under the GSA Multiple Award Schedules (MAS) and Gartner, Inc. is an awardee under contract number 47QTCA18D008L.

7. Actions to Increase Competition: A search conducted on sam.gov reveal multiple Limited Source Justification and Approval and Sole Source Awards indicating that the required product license is proprietary to Gartner Inc. only. Internet research revealed that the specific licenses required are not available to resellers and may only be purchased directly through Gartner Inc.

8. Market Research:

IAW FAR part 8, mandatory sources were searched for the requested licenses.

Inventories from the requiring agency and excess from other agencies are not applicable to fulfill the requirement since they are subscription licenses. The Federal Prison Industries and Committee for Purchase from People Who Are Blind or Severely Disabled did not provide the requested licenses. Market research revealed that no other existing ELAs, JELAs, could provide the required licenses.

IAW DFARS 208.7402 Departments and agencies shall fulfill requirements for commercial software and commercial software services, such as software maintenance, in accordance with the DoD Enterprise Software Initiative (ESI). ESI promotes the use of enterprise software agreements (ESAs) with contractors that allow DoD to obtain

CUI//SP-SSEL

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

JUN 2023

favorable terms and pricing for commercial software and commercial software services.

ESI does not dictate the products or services to be acquired.

Market research results indicated that the requested licenses were available through GSA and DoD ESI. A BPA issued to Gartner (N66001-19-A-0049) on DoD ESI was made in connection to the General Service Administration Federal Supply Schedule (GSA FSS) 70 contract, and all orders are subject to the same pricing, terms, and conditions that are listed in the GSA FSS 70 contract. The Gartner BPA was created in order to reduce the administrative costs of acquiring commercial products and services from the GSA FSS 70 Contract IAW DFARS 208.74. Internet research revealed that the specific licenses required are not available to resellers and may only be purchased directly through Gartner.

9. Other Facts:

Internet research revealed that the specific licenses required are not available to resellers and may only be purchased directly through Gartner.

a. Procurement history.

Contract number, awarded contractor: W912HQ-23-F-0127

Contract number, awarded contractor: W519TC-23-F-0039

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

JUN 2023

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.

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

DoD Class Deviation 2014-O0011- Determination of Fair and Reasonable Prices When Using Federal Supply Schedule Contracts, takes precedence in lieu of FAR 8.404(d).

The deviation states:

Supplies offered on the schedule are listed at fixed prices. Services offered on the schedule are priced either at hourly rates, or at fixed price for performance of a specific task (e.g., installation, maintenance, and repair). GSA has determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, to be fair and reasonable for the purpose of establishing the schedule contract. GSA's determination does not relieve the ordering activity contracting officer from the responsibility of making a determination of fair and reasonable pricing for individual orders, BPAs, and orders under BPAs, using the proposal analysis techniques at 15.404-1. The complexity and circumstances of each acquisition should determine the level of detail of the analysis required.

CUI//SP-SSEL

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

JUN 2023

Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d). Furthermore, the DoD ESI BPA states "The minimum BPA discount off of the GSA FSS prices is 3% and must remain at this level for the life of the BPA." As GSA Federal Supply Schedules (FSS) prices are already determined to be fair and reasonable and that any of the DoD ESI BPA prices, including Gartner's prices, are offered at a 3% discount to GSA FSS prices already determined fair and reasonable, Gartner's DoD ESI BPA prices are also considered fair and reasonable.

Date: _______________________

Typed Name: ____________________________Title:__________________________

13. Contracting Officer Certification:

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

ate: _______________________

Typed Name: ____________________________Title:__________________________

22 AUG 23

Nennie Y. Gargard Contracting Officer

22 AUG 23

Nennie Y. Gargard Contracting Officer

CUI//SP-SSEL

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

JUN 2023

Approval

Based on the foregoing justification, I hereby approve limiting sources in the acquisition of IT Research and Advisory Subscriptions pursuant to the authority of 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, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: ________________________

Typed Name:___________________________ Title:__________________________

23 August 2023

Nennie Y.Gargard Contracting Officer