JOFOC_HHSN268201700039A_Supplemental_Agreement_Redacted.pdf

Subject7. As noted above, NHLBI now has a need for performance, load and stress testing software compatible with existing applications.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Proof by Subject7 Load Testing Software Licenses, professional services, and training.

b. Project description. Proof by Subject7 was approved by the NHLBI Chief Information Officer for procurement back in 2014, as a solution to meeting the new security standard for application and web mods because Proof is a product that allows test authoring through a wizard-driven web interface and performs functional, regression, and acceptance testing for software applications. No infrastructure, customization, or scripting language is required to use this platform. The software can start writing tests using a browser of choice in a matter of minutes and start running the tests with integrated reporting capabilities. The capability of the product to enable staff to begin testing quickly during each round of testing is extremely beneficial to ITAC because it prevents delays in final releases. This acquisition is a request for Proof add-on licenses which will permit performance, load and stress testing of software deployments.

• Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

• Type of action.

New requirement Follow-on Other (specify): _Contract Modification - Supplemental Agreement

• Proposed contract/order type.

Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________

Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): ___________ Completion Form Term form

• Acquisition identification number. HHSN268201700039A

c. Total estimated dollar value and performance/delivery period.

Period of Performance:

Base Period: 11/30/2016 – 11/29/2017 - $85,168.00 Option Period 1: 11/30/2017 – 11/29/2018 - $56,823.00 Option Period 2: 11/30/2018 – 11/29/2019 - $58,528.00 Option Period 3: 11/30/2019 – 11/29/2020 - $60,284.00 Option Period 4: 11/30/2020 – 11/29/2021 - $62,092.00

Total Estimated Dollar Value.

This proposed change results in an increased price for the Base Period from $85,168.00 by $30,350.00 to $115,518.00.

This proposed change results in an increased price for the Option Period 1 from $56,823.00 by $36,350.00 to $93,173.00.

This proposed change results in an increased price for the Option Period 2 from $58,528.00 by $36,505.00 to $95,033.00.

This proposed change results in an increased price for the Option Period 3 from $60,284 by $36,664.00 to $96,949.00.

This proposed change results in an increased price for the Option Period 4 from $62,092.00 by $36,828.00 to $96,948.00.

The change results in an increase to the total contract value from $322,895.00 by $176,696.00 to $ 499,591.00.

4. Identification of the statutory authority permitting other than full and open competition.

x This acquisition is conducted under the authority of 41 United

States Code (U.S.C.) 253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302-1.

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s). Subject7, Inc.

11121 Stackhouse Court, Potomac, MD 20854.

b. Nature of the acquisition and proposed unique qualifications of the contractor. The nature of the acquisition is to facilitate expanded use of specialized software that the Information Technology and Applications Center, within the National Heart, Lung, and Blood Institute uses to test developed software before it is released. NHLBI currently uses Proof for automated regression testing in order to prevent unexpected problems and/or issues with software applications and web browsers once they are developed, upgraded, patched, or modified. ITAC has devoted substantial time and resources to develop a proficiency in the Proof testing software as well as to develop automated tests that can be used repeatedly when changes are made to software applications or web browsers. In addition, Proof’s add on load testing software is compatible with NHLBI’s existing automated testing software such that there is a complete testing architecture to support the NHLBI. Finally, Proof is the manufacturer of the proprietary software (Proof) and has no resellers at this time. There are no other vendors that sell this proprietary software and no other sources from which to procure these licenses other than the contractor, Subject7, Inc.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. A sources sought notice was posted on November 4, no responses were received. A FedBizOpps Notice of Intent was posted on November 16, 2016. No responses were received by interested parties to the Notice of Intent.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. A price reasonableness determination of this sole source procurement will be made by reviewing pricing of other similar products in industry along with comparing the proposed price to the independent government cost estimate. Additionally, pricing provided to other federal agencies for the same or similar products can be used to determine the fairness and reasonableness of the anticipated price.

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

A sources sought notice was issued on November 4, 2016 to perform market research to determine capable vendors to fulfill the Institutes requirements. No responses were received.

The following previous orders were reviewed and each file contained market research supporting the fact that there are no resellers, no established contracts, or agreements, of any kind, from which a purchase of the software could be made. Proof software could only be purchased from the manufacturer, Subject7, Inc.