K3. Justification (REDACTED).pdf

UNITED STATES MARINE CORPS

MARINE CORPS INSTALLATIONS NATIONAL CAPITAL REGION

MARINE CORPS BASE QUANTICO

3250 CATLIN AVENUE QUANTICO VIRGINIA 22134 5001

V 1.4 (29 Nov 2023)

MEMORANDUM TO THE FILE

Subj: FAR SUBPART 8.4 LIMITED SOURCES JUSTIFICATION

I. BACKGROUND:

A. FAR 8.405-6 states that orders placed, or BPAs established under Federal Supply Schedules are exempt from the requirements in FAR Part 6. However, an ordering activity must justify its action when restricting consideration. This memorandum documents the justification for limiting sources, in accordance with FAR 8.405-6(a)(1)(i)(B).

B. This acquisition is conducted under the authority of the Multiple-Award Schedule Program (see

FAR 8.401).

II. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

Requiring Activity: XXXXXXXXX

Contracting Office: Marine Corps Installations National Capital Region - Regional Contracting Office (MCINCR-RCO), 2010 Henderson Road, MCB Quantico, VA 22134-5000

III. DESCRIPTION OF THE ACTION BEING APPROVED

XXXXXXXX has a requirement for Gartner Software Licensing. This requirement includes Gartner Chief HR Officers Support + Support Term Service w/Executive 1:1 with XXXXX License/Subscription for a period of 12-months.

The intent of this action is to issue a direct order under the Department of Defense (DoD) Enterprise Software Initiative (ESI) Blanket Purchase Agreement (BPA) N66001-19-A-0049, Gartner, Inc.

The required delivery/performance start date is on, or about, 30 September 2024. This requirement is for a period of 12-months.

IV. DESCRIPTION OF THE SUPPLIES/PRODUCTS REQUIRED TO MEET THE AGENCY’S

NEEDS (INCLUDING THE ESTIMATED VALUE):

The purpose of this requirement is to procure professional and executive research and advisory products to the XXXXXXX. This initiative aims to provide on-demand access to current, unbiased relevant research and analytics on a wide array of issues impacting XXXX. The focus will be on executive advisory products to XXX leaders.

These strategic advisory products will be available both upon request and proactively, anticipating the evolving needs of the USMC. Our goal is to support the transformation of our XXXX to meet the rapidly changing demands of the DoD Intelligence infrastructure requirements. These executive advisory products will cover range of topics, including mission and strategic vision transformation, the adoption of leading-edge best practices and technology, organizational development, and comprehensive enterprise-wide risk and opportunity management.

The total estimated value for this procurement is XXXXXX. FY24 Marine Corps Operations and Maintenance (O&M) appropriations will be used to fund this requirement as outlined in the table below:

FAR Subpart 8.4 Limited Sources Justification

Manufacturer Description Quantity Estimated

Unit Price Estimated Extended Price

Gartner, Inc. Gartner for Technical Professionals – Advisor Team (Up to 5 Licensed Users – 1 Team Leader and up to 4 Team Members)

1 XXXXXX XXXXXX

V. THE DETERMINATION TO LIMIT SOURCES IS BASED ON THE FOLLOWING

AUTHORITY AND SUPPORTING RATIONALE (select all that apply):

A. ___ AN URGENT AND COMPELLING NEED EXISTS, AND FOLLOWING THE

PROCEDURES IN FAR 8.405-2 OR 8.405-3 WOULD RESULT IN UNACCEPTABLE

DELAYS (FAR 8.405-6(a)(1)(i)(A)):

B. X 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 (FAR 8.405-6(a)(1)(i)(B)) (select all that apply):

1. X RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Gartner software is the only software capable of fulfilling this requirement at the level of quality required, as the license products provided are unique and highly specialized. Gartner software products are manufactured by and proprietary to Gartner, Inc. Gartner does not use authorized resellers, distributors, or VARs to deliver services to Federal, State or Local Government Agencies. Gartner’s products consist of copyrighted, proprietary Gartner Intellectual property.

Gartner also possesses proprietary tools and templates that are uniquely tailored to address IT and HR challenges—specifically those caused by the speed at which each change and new products are brought to market. Without a clear understanding of whether these products are viable, Gartner’s proprietary tools, such as the Hype Cycle and the Magic Quadrant, are critical to the acquisition decision making process.

In addition, Gartner provided a sole source letter on 06 September 2024, stating that Gartner does not us authorized resellers, distributors, or VARs to delivery their services. Gartner also stated that their services/products consist of copyrighted, proprietary Gartner Intellectual property and are only available in the US and only through Gartner. Document is available in the contract file.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. X OTHER REASONS.

XXXXX has a requirement is to procure professional and executive research and advisory products. This initiative aims to provide on-demand access to current, unbiased relevant research and analytics on a wide array of XXXX issues impacting XXXXXXXXThe focus will be on executive advisory products to XXXX leaders.

Gartner software offers unique characteristics that limit its availability exclusively to Gartner include. The extensive research and networking resources provided by Gartner distinguish it in the market. Gartner grants access to over eleven hundred (1,100) U.S. Federal peers and more than twenty-four hundred (2,400) Federal clients worldwide, enabling the acquisition of real-world insights free from vendors or other agendas. Additionally, Gartner connects users with fifty-five thousands (55,000) peers across various industries, facilitating the infusion of commercial best practices into government initiatives.

Gartner has a dedicated government delivery team for each product level. A member of Gartner’s Delivery team will serve as the Licensed User’s primary point of contact throughout the entire product support period. Licensed users benefit from access to Gartner’s assets and products that included ratings and reviews, connections with qualified peers, community product features, and exclusive features tailored to client’s product role. Gartner’s Chief Human Resource Officers products provide Licensed Users with comprehensive research data and analytics covering the entire human resources sector.

C. ___ IN THE INTEREST OF ECONOMY AND EFFICIENCY, THE NEW WORK IS A LOGICAL

FOLLOW-ON TO AN ORIGINAL FEDERAL SUPPLY SCHEDULE ORDER (FAR 8.405-

6(a)(1)(i)(C)):

The original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA was not issued under sole-source or limited-sources procedures.

D. ___ ITEMS PECULIAR TO ONE MANUFACTURER (FAR 8.405-6(b)):

An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.

VI. DETERMINATION THAT THE ORDER OR BPA REPRESENTS THE BEST VALUE:

The Contracting Officer has determined that the order or BPA covered by this justification will represent the best value to the Government. Fair and reasonable pricing will be determined in accordance with DoD Class Deviation 2014-O0011 using the proposal analysis techniques at FAR 15.404-1.

Purchasing Gartner products via DoD ESI will provide the best value and cost to the Government. The Contracting Officer will conduct a price analysis to determine the anticipated cost to the Government of the supplies/services covered by this limited source justification fair and reasonable prior to award.

VII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE

HOLDERS:

Market research was conducted in accordance with FAR Part 10 utilizing the following techniques:

FAR 10.002(b)(2)(ii) Reviewing the results of recent market research undertaken to meet similar or identical requirements.

• Contract M00264-23-F-0082 was awarded on 27 February 2023 to Gartner, Inc.XXX for a total contract value of $XXXXX. This contract was awarded on a non-competitive basis against DoD

ESI BPA N66001-19-A-0049.

• Contract M00264-22-F-0037 was awarded on 28 February 2022 to Gartner, Inc. XXX for a total contract value of $XXXXX. This contract was awarded on a non-competitive basis against DoD

ESI BPA N66001-19-A-0049.

FAR 10.002(b)(2)(iv) Querying the Governmentwide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.contractdirectory.gov/contractdirectory/ and other Government and commercial databases that provide information relevant to agency acquisitions.

• DoD ESI revealed that Gartner Enterprise IT Leadership Team Plus, Individual Access Advisor and Technical Professionals Advisor Team licenses are available via one DoD ESI BPA N66001- 19-A-0049.

FAR 10.002(b)(2)(vii) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line.

• A search of the market indicates other companies' similar products or products lacking a particular feature, do not meet, or cannot be modified to meet, the agency's needs. A review of the market identified Forrestor, Inc. as a provider for IT Advisory and Research services. However, Forrester does not offer the capability of providing methodologies and practices targeted at technical and implementation levels.

FAR 10.002(b)(2)(ix) Reviewing systems such as the System for Award Management, the Federal Procurement Data System, and the Small Business Administration's Dynamic Small Business Search.

• Review of the Federal Procurement Data System identified over 200 BPA Calls for Gartner, Inc.

since 1 February 2022.

• A Notice of Intent to Sole Source was posted on Contract Opportunities at SAM.gov on 6 September 2024; no responses were received.

• Market research indicates Gartner Licenses/Subscriptions are commercial in nature and available via the DoD Enterprise Software Initiative (ESI) from one source. A DoD ESI Blanket Purchase Agreement (BPA) was awarded to Gartner, Inc. for Gartner Information Technology Asset Management (ITAM) software products on 25 March 2019 with a ten-year agreement period.

VIII. ACTIONS TAKEN TO REMOVE OR OVERCOME BARRIERS:

XXXXX will continue to monitor the market and conduct continuous market research to identify any emerging technologies that may satisfy future requirements. Should such technologies become available, XXXXX will seek competition to the maximum extent practicable.

FAR 8.405-6 LIMITED SOURCES: The subject order exceeds the micro-purchase threshold and is a for a proposed order or BPA with an estimated value exceeding the micro-purchase threshold not placed or established in accordance with the procedures in, 8.405-2, or 8.405-3. Limiting sources for required supplies or products are justified citing the authority at FAR 8.405-6(a)(1)(i)(B). The Contracting Officer has determined that the planned actions to remove any barriers that led to the restricted consideration cited on the previous justification were completed.