Far_Part_6_for_Novell_FY15_no_sigs.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

National Archives and Records Administration 8601 Adelphi Road College Park, MD 20740-6001

Novell Open Enterprise Server Software Support POP: 07/01/2015 to 06/30/2016

Technical Requirements Certification:

I hereby certify that this justification for other than full and open competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify this request is not the result of lack of advanced planning or a desire to expend funds while those funds are still available.

Information Management Operations Branch

Contracting Officer Concurrence:

I have reviewed this justification and conclude it meets all FAR requirements.

Contracting Officer Acquisitions Branch

General Counsel Concurrence:

I have reviewed this justification and consider it legally sufficient.

Procurement Counsel Office of the General Counsel

Senior Acquisition Concurrence:

In accordance with FAR Subpart 6.304(a)(1) and NARA 501, I have reviewed this justification and hereby certify that it is accurate and complete to the best of my knowledge and belief.

Director, Acquisitions Branch

NARA Competition Advocate Approval:

In accordance with FAR Subpart 6.304(a)(1) and NARA 501, I have reviewed this justification and hereby certify that it is accurate and complete to the best of my knowledge and belief.

NARA Competition Advocate

IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION”

See Page 1

I. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The purpose of this justification is to renew the annual support on Novell Open Enterprise Server software which entitles NARA to critical patches, updates and upgrades. As with most proprietary software, the patches, updates and upgrades can only be provided by Novell or one of their authorized resellers. This brand name item is the only item that can meet NARA’s needs.

A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED VALUE)

In previous years this software support has been available on GSA Schedule as part of a Novell's Software Suite owned by NARA and renewed annually. It was only discovered after the Novell support renewal was posted to eBuy that this necessary module is no longer available on anyone's GSA Schedule. The other items will be awarded as a separate GSA order. This will be a separate order but still a necessary part of our Novell Suite. The estimated value is approximately $125,000.00

1. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION.

41 U.S.C. 3304(a)(1) – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

V. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED

This acquisition meets the authority of FAR 6.302-1 which states that this authority may be used, “When the supplies or services required by the agency are available from only one responsible source, or, ….from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.” See above II. This requirement is for the continued annual support of Novell Open Enterprise Server software.

1. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES.

Market research shows that authorized resellers, such as Arrow ECS, Paragon Micro, and FedTek can provide quotes. The requirement will be advertised for one week on FedBizOpps allowing sufficient time for any vendor authorized by Novell to quote. The award will go to the vendor offering the lowest price technically acceptable.

1. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE.

Cost risk is considered to be minimal since this is a product & service sold in substantial quantities to the general public. The cost objective in this acquisition is to obtain a fair and reasonable price by soliciting bids from as many authorized vendors as possible using FedBizOpps, comparing the Contractor's proposed prices and making the award to the vendor offering the lowest price technically acceptable.

1. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS CONDUCTED.

See Section VI.

IX. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

N/A

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT PRECLUDE THE AGENCY FROM MEETING THE REQUIREMENTS OF 6.302-1 BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE.

When the Novell software reaches end of life, NARA will evaluate the possibility of another technical solution that might better meet our needs.

XII. CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF

See Page 1.