LSJ_47QSWC23K0012_Nlyt_redacted_Redacted.pdf

Limited Source Justification - Nlyte Software Support Renewal

Limited Source Justification FAR 8.405-6(a)(1)(i)(B), Only One Source

I. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY

Contracting Activity: General Services Administration (GSA) Federal Acquisition Service (FAS) Acquisition Operations Division/Large SOP 819 Taylor St., Fort Worth, TX 76102

Requiring Activity: U.S. Air Force 480th Intelligence, Surveillance, and

Acquisition PIID:

Description of Requirement:

Brand Name:

Procurement Vehicle:

Awardee Preponderant NAICS and PSC codes:

Period of Performance:

Reconnaissance (ISR) Wing Joint Base Langley-Eustis, VA

47QSWC23K0112

Nlyte Software Support Renewal Nlvte DoD's Enterprise Software Initiative (ESI) Blanket Purchase Agreement (BPA) #N66001-20-A-0006, (expires 07/07/2029), established under GSA's Multiple Award Schedule (MAS) Contract GS-35F-0592R (expires 05/19/2025), under GSA's Category 54151, titled:

Software Maintenance Services RightStar, Inc., UEI #DFVJNBYNM8U1 541511, 7A21 36 months of coverage, fully funded

Total Estimated Blanket Purchase Agreement (BPA) $700,000.00 Call Order Value (36 months):

II. NATURE OR DESCRIPTION OF THE ACTION BEING APPROVED:

This action is to request the approval of a Limited Sources Justification (LSJ) for Nlyte software support renewal on behalf of the 480th Intelligence, Surveillance, and Reconnaissance Wing (ISR Wing) at Joint Base Langley-Eustis, VA. The Nlyte software renewal support is considered commercial.

It is anticipated this will be a single award blanket purchase agreement (BPA) call order placed against RightStar, Inc.'s Department of Defense (DoD) Enterprise Software Initiative (ESI) Blanket Purchase Agreement (BPA) #N66001-20- A-0006 (expires 07/07/2029), established under GSA's Multiple Award Schedule (MAS) Contract #GS-35F-0592R (expires 05/19/2025), in accordance with (IAW) FAR 8.405-6(a)(1)(i)(B), Only One Source.

Ill. DESCRIPTION OF SUPPLIES REQUIRED TO MEET THE AGENCY'S NEEDS

The required Nlyte software support includes the following items:

Manufacturer Item Description/Model Part Number Nlyte Support & Maintenance Standard (5 x 8) Nlyte Energy NLYTE-NEO-SSUP (previous

Optimizer - per point part number NEO-CORE-SSUP) Nlyte Support & Maintenance Standard (5x8) - Nlyte NL YTE-ENT-SSUP

Asset Optimizer - per rack (previous part number NL YTE-

ENTERPRISE-SSUP)

Limited Source Justification - Nlyte Software Subscription Renewal Services

IV. IDENTIFICATION OF THE AUTHORITY AND SUPPORTING RATIONALE

This acquisition will be conducted under the authority of the Multiple Award Schedule (MAS) Program, FAR 8.403 Blanket Purchase Agreement. The primary statutory authorities for MAS are Title Ill of the Federal Property and Administrative Services Act of 1949 (41 USC 251 ET SEQ), and Title 40 U.S.C. 501, Services for Executive Agencies.

Nlyte is the only software that meets the unique combination of cybersecurity approvals, interoperability, and compatibility with existing network equipment integrated at 480th ISRW locations. The Nlyte software is part of the Intelligence, Surveillance, and Reconnaissance Wing Data Center Infrastructure Management program used to support the Distributed Common Ground System. Any changes to the requested Nlyte brand name software would require research, engineering, testing, and validation. A new configuration would cause the Government additional expenses along with a delay of schedule, which will affect the ability to meet the required delivery date. The Nlyte software is included in the existing 480th ISRW Joint Worldwide Intelligence Communication System network ATO. All software has gone through testing and cybersecurity evaluation and provides the unique combination of capabilities, features, and prior DoD approvals required for use on DoD networks and approval in A TO for operation up to Top Secret/ Sensitive Compartmented Information TS/SCI. Any deviation from the ATO approved software would result in fielding equipment delays and negatively impact continued mission support activities due to the 45 -90-day time frame it takes to vet products through the RMF process. Alternating any vendor, technology, or make and/or model would result in duplication of costs that would not otherwise be expected to be recovered through competition. Changes to the requested software would require engineering re-design, install and testing of an alternate solution ($2.5M) and amendments to the existing ATOs ($200K). Current estimates to perform these additional, duplicative efforts total $2.7M.

The circumstances and rationale for limiting consideration to RightStar, Inc. for award is IAW 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. The requested software support renewals are being procured by the GSA on behalf of the 480th ISR Wing, a subordinate unit within the United States Air Force, a DoD department. IAW DFARS 208.7402(a), departments are required to fulfill requirements for commercial software and related services, such as software maintenance, through the DoD's ESI software agreements.

A review of ESl's software agreements revealed RightStar is the only vendor who has a software agreement in place for the required Nlyte software support renewal. RightStar ESI agreement, #N66001-20-A-0006, (expires 07/07/2029), was awarded competitively against RightStar's GSA Multiple Award Schedule (MAS) contract, Contract GS-35F-0592R (Ultimate expiration date 05/19/2025). Large Special Order Program (SOP) office is ordering on behalf of the DoD and is authorized to place call orders under this BPA and must comply with DFARS 208.7402(a). The Ordering procedures under FAR 8.405-3 Blanket Purchase Agreements (BPAs) and 8.405-6 Limiting Sources apply.

Therefore, given the Government's unique requirements, the authority cited under FAR 8.405-6(a)(1)(i)(B), only one source is justified. IAW FAR 8.405-6(a)(2), within 14 days of placing a call order, this LSJ will be posted to the GPE for 30 days.

V. DETERMINATION BY THE CONTRACTING OFFICER THE AWARD REPRESENTS THE BEST VALUE

The contracting officer has determined the establishment of this BPA call order represents the best value (as defined in FAR 2.101) to the Government consistent with FAR 8.404(d) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's needs. In accordance with FAR 8.404, all pricing will be evaluated prior to award. All pricing will be reviewed to ensure prices and terms are IAW RightStar's ESl's BPA and GSA' MAS contract. IAW 8.405-4, the Contracting Officer will seek price reductions from RightStar's quoted prices.

In accordance with FAR 8.404(d) Pricing, GSA has already determined the prices of the supplies and fixed-price services under Schedule contracts to be fair and reasonable. However, the Department of Defense (DoD) has issued Class Deviation 2014-00011, dated March 13, 2014, whereby the Contracting Officer is responsible for making a determination of fair and reasonable pricing for BPAs using the proposal analysis technical outlined in FAR 15.404-1.

The Government will be utilizing at least two methods by which to determine pricing submitted is considered fair and reasonable. These techniques include, but not limited to the following:

• Requesting recent commercial and Government sales history

• Direct competitive pricing comparisons

• Making indirect pricing comparisons to:

o the same or similar items in the marketplace, o competitive published price lists, and o Independent Government Estimates.

VI. DESCRIPTION OF MARKET RESEARCH CONDUCTED: Market research was conducted in accordance with FAR Part 10 to determine the availability of products or vendors capable of meeting the Government's requirement. Market research revealed the required Nlyte software support renewals were not available through AbilityOne, Unicore, Green Procurement Compilation or lnteragency Contract Directory Portal. However, they are currently available under GSA's MAS' Contract GS-35F-0592R, under GSA's Category 54151, titled: Software Maintenance Services. In accordance with DFARS PGI 208.7403(1)-(4), the requiring official shall review the information at the ESI website to determine if the required commercial software or related services are available from DoD inventory (e.g., Golden Disks and DoD-wide software maintenance agreements). If the software or services are available, the requiring official shall fulfill the requirement from the DoD inventory. Review of the ESI website revealed an ESI software agreement for Nlyte through RightStar, Inc.

VII. OTHER FACTS SUPPORTING THE JUSTIFICATION: All facts supporting this justification have been provided above.

VIII. STATEMENT OF ACTIONS TO OVERCOME BARRIERS OF COMPETITION: DoD ESI BPAs are multiple-award and allow new vendors to be on-boarded. There is a chance in the future that other vendors will be able to provide the required software under this contracting solution. To overcome barriers of competition, DoD will continue to test and evaluate the capabilities of other firms through continuing market research and changing needs of the ESI. Continued efforts in this regard will ensure the Government utilizes the most efficient and economical provider. The Government will continue to search the Internet for possible sources of supply in addition to synopsizing any intent to limit sources for future requirements, thereby involving industry in possible solutions for the required items. GSA conducts continuous market surveys on products to determine the availability of qualified sources for meeting mission-critical objectives.

IX. TECHNICAL REQUIREMENTS CERTIFICATION: In accordance with FAR 8.405-6(c)(2)(x) and on behalf of the requiring agency, the undersigned client agency Technical Representative hereby certifies that the one source award to RightStar, Inc. is the only source capable of providing the required services that will meet the minimum needs of the Government and the basis for the justification is complete and accurate to the best of my knowledge. I further understand that the facts I have presented will be solely relied upon to make the determination to limit competition, and sources for this procurement.

OFFICER CERTIFICATION AND APPROVAL

I, the approving authority, determine that the circumstances identified in this document are accurate; therefore, limiting competition to one source under FAR Subpart 8.405-6(a)(1)(i)(B), One Source is justified. The signature

Contracting Officer, Large SOP (7QFAD)