JOFOC_COR_signed_Redacted.pdf

DATE: 11/16/2018

SUBJECT: JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1) AGENCY/CONTRACTING ACTIVITY:

This justification for other than full and open competition is executed by the Office of Acquisition and Agreements Management (OAAM), Acquisition Management Division (AMD) of the National Institute of Standards and Technology (NIST), under the Department of Commerce, on behalf of the Office of Information System Management (OISM) of NIST.

2) NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

The purpose of this requirement is to obtain software license maintenance, technical support and product upgrade for the Sonnet Suites Software. The software is used by NIST for commercial scientific and mathematical computing. The requirement shall be issued as a firm fixed priced purchase order for a period of performance of a base period of one (1) year, with four (4) option periods of one (1) year each.

3) DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS:

Sonnet Software, Inc. will provide maintenance and technical support for the existing Sonnet software utilized by NIST. Sonnet Software, Inc. will provide updates, patches, fixes, and enhancements to the software to maintain optimal performance of the existing software.

Additionally, they will provide technical support via telephone and email as needed. The estimated value of this requirement is .

4) IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

Under the authority of the Federal Acquisition Regulation (FAR) 13.501(a) – Sole source (including brand name) acquisitions, in accordance with 41 U.S.C 1901, Simplified Acquisition Procedures.

5) DEMONSTRATION THAT PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR THE NATURE OF

THE ACQUISITION REQUIRES USE OF THE AUTHORITY SITED

While the Sonnet Suites software is commercially available, Sonnet Software, Inc. is the manufacturer and sole distributor of the Sonnet Suites software within the North American continent. Additionally, they are the sole source of ongoing software maintenance contracts and technical support for their suite of software for North America.

6) DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS PRACTICABLE

A notice of intent to sole source to Sonnet Software, Inc. was posted to FedBizOpps on 11/09/2018, with a response date of 11/16/2018.

7) DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE:

Price analysis will be performed and documented to ensure the price is fair and reasonable. Prices will be compared to historical pricing for the same services.

8) DESCRIPTION OF MARKET RESEARCH CONDUCTED

The market research provided by the program office included the incumbent, one (1) vendor found on NASA SEWP, and Sonnet Services, Inc. The contract specialist reviewed the potential suppliers on NASA SEWP and confirmed the one vendor as found by the program office. Additionally, market research was conducted on GSA with no resources found that provided Sonnet Suites software.

Based on the Global Sales Representative list found on the Sonnet Software, Inc. website, the contract specialist contacted Sonnet Software, Inc. to inquire if the incumbent and the vendors found on NASA SEWP were authorized resellers/distributors of their software product and services.

The sole source letter from Sonnet Software, Inc. confirmed that they are the sole provider of their products and services.

9) ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION:

None

10) LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION

One response was received from from the posted notice of intent. However per the notice, they did not provide documentation proving that they are an authorized distributor or re-seller of Sonnet Software.

11) STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE/OVERCOME ANY BARRIERS

TO COMPETITION:

Due to the lack of authorized resellers/distributors, it would be unlikely that this barrier can be removed with the services for this software.