MadCad JA_Redacted.pdf

National Acquisitions Section Justification for Sole Source

This procurement is being conducted in accordance with the ordering procedures at Federal Acquisition Regulation (FAR) Subpart 13.106-1(b)(1) and 13.501(a) and the Bureau of Prisons 13.106-1(b)(1) and 13.501(a) and the Federal Bureau of Prisons (BOP). The BOP has determined there is only one source reasonably available. The following is supporting documentation in accordance with FAR Subpart 13.501(a)(1)(ii).

1. Identification of the Agency and the Contracting activity - U.S. Department of Justice

(DOJ), Federal Bureau of Prisons (BOP), Central Office (CO), Administration Division (AD), Acquisitions Branch, National Acquisitions Section (NAS).

2. Nature and/or Description ofAction being approved - The Facilities Management

Division (FMD) within the BOP a has requirement for the renewal of annual software licenses and technical support for MadCad which is a platform as a service (PaaS) cloud-based reference library providing web-based subscription access to codes and standards. Over ninety (90) BOP institutions depend on to access all safety regulations.

3. Description of Supplies/Services required to meet the Agency’s Needs including the estimated value - The Bureau has a requirement for the acquisition of annual maintenance and support for the renewal of annual MadCad subscription is proprietary to the developer Compu.tecture, Inc.

The period of performance is from October 1, 2022, through September 30, 2023, and the requirement is not expected to exceed

4. An identification of the statutory authority permitting other than full and open competition – The statutory authority permitting the sole source acquisition is provided when using simplified procedures for certain commercial items under 41 U.S.C. 1901- Simplified Acquisition Procedures. The use of this authority is appropriate pursuant to FAR Subpart 13.501(a) as the circumstances of this action deem only a single source is reasonably available.

5. Determination that proposed Contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited – This justification is being submitted for approval in accordance with FAR 13.106-1(b)(1), since there is only one capable source, Comput-Tecture. No other supplies or services will satisfy agency requirements or needs.

Therefore, the maintenance and support services required cannot be obtained from any other source. MADCAD owns all of its technologies and does not depend on any third-party eBook or DRM systems for copyright protection.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practical, including whether a notice was or will be publicized as required by Subpart 5.2 and if not, which exception under 5.202 applies – The notice to award a sole source contract is required to be posted on the Federal Business Opportunities website, BetaSam.gov in accordance with FAR 5.202(a)(13)(i).

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable - Based on the historical acquisition data for similar maintenance renewals and acquisitions of software licenses, it is determined the quote will be based on established market pricing. The Contracting Officer has determined the price for the renewal of annual maintenance and support services for MadCad subscriptions will be fair and reasonable.

8. A description of the marketresearch conducted - Market research was conducted and it was determined that Comput-tecture, Inc. is the only authorized dealer of MadCad. Comput- Tecture has not authorized this product to be offered for resale by other vendors.

9. Any otherfacts supporting the use of other than full and open competition – N/A

10. A listing of Sources, if any, that expressed, in writing, an interest in the acquisition –

Compu-tecture, Inc.

3000 Connecticut Avenue, NW, Suite 200 Washington, DC 20008 Tel: (202) 265-1940 Fax: (202) 265-1941 Email: support@madcad.com Web: www.madcad.com

11. A statement of actions, if any, that were taken to remove or overcome any barriers to competition - In this instance, there is only one source capable of providing annual MadCad License. However, the Contracting Officer will continue to market research which could remove competition barriers before subsequent acquisition of the required maintenance and support services.

mailto:support@madcad.com http://www.madcad.com/

12. Contracting Officer’s Certification – I hereby certify this justification is accurate and complete to the best of my knowledge and belief.

SYLVIA PERINE-

FONTENO

Digitally signed by SYLVIA

PERINE-FONTENO

Date: 2022.09.23 14:05:46 -04'00'

Sylvia Perine-Fonteno, Contracting Officer Date National Acquisitions Section

9. Requirements/Technical Certification – I certify the supporting data under my cognizance which are included in this opportunity are accurate and complete to the best of my knowledge and belief.

EDWARD

MUNCY

Digitally signed by EDWARD

MUNCY

Date: 2022.09.23 14:08:58 -04'00'

Eddie Muncy Date Life Safety Program Manager