SharePoint_Replicator_Support_Limited_Source_Justification.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.1 (30 June 2016)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED ACQUISITION

THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Requirement is for the purchase of Metalogix Enterprise Licensing Agreement Level-1 with

Premium 24/7 Support Services for up to twelve Web Front Ends (WFE). Support services will be provided for Government owned software and include software maintenance, updates, new releases, and 24/7 phone and web support. The required source is Metalogix.

The required period of performance is 31 Mar 2017 through 31 Mar 2018.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS

BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

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

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. OTHER REASONS.

B. _X_ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

The required support is for existing Government owned software. Support services for this software can only be provided by the company (brand name) that provided the original software (Metalogix). Resellers authorized by Metalogix can sell the support services. Actual support services can only be provided by Metalogix technicians. There are no other vendors authorized by Metalogix to provide these services. This product is currently used by deployed personnel that are familiar with its use. The purchase of another similar product with support services would require the retraining of personnel that cannot be accomplished while deployed.