OFO JEFO-FE.pdf

OPOAM 3016.505-90(a)(2)(iv) Justification for Brand Name Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(a)(4)

JEFO No. FY20-00354

JEFO No.: FY20-00354

Date: 9/25/2020 PR Number: RUFO-20-00166

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security, Office of Procurement Operations, Departmental Operations Acquisitions Division (DOAD) prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved.

DHS/OPO intends to issue a delivery order for Galvanize Highbond software and support services on a limited competition basis. The specific FAR Subpart supporting this justification is FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacturer. The solicitation will be provided to multiple resellers via the DHS First Source II multiple award

IDIQ.

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

This requirement is to obtain additional Galvanize Highbond software licenses to support the Office of Financial Operations (OFO) data processing functions related to financial audits and compliance. This requirement will provide additional software module functionality to the existing Galvanize software currently in use within OFO, and facilitate the efficient management of large volumes of transaction data, data storage, and produce analytical information for OFO use in monitoring, oversight and reporting financial audit data and metrics.

The estimated value of this requirement is $580,000.00 which includes annual software licenses, internal controls and compliance toolkits, user training and support services for a base period of 12-month period, and two optional 12-month periods of performance.

4. Identify the exception to fair opportunity and supporting rationale. Only one awardee is capable of providing the supplies required at the level of quality required because the supplies ordered are unique or highly specialized pursuant to FAR 16.505(b)(2)(i)(B) and is an item peculiar to one manufacturer:

OPO intends to procure a brand name specification for Galvanize Highbond software suites which is an application license peculiar to one manufacturer, and available via multiple resellers under a multiple award IDIQ contract. This particular brand name must be used as Galvanize software is the only software compatible with the existing Galvanize software currently in place within OFO to provide financial audit and compliance data tracking, monitoring and reporting.

This license purchase is needed to expand the current user base of existing Galvanize software modules as OFO oversight and financial reporting responsibilities expand based on organizational realignments. This requirement will add new users and functionality to the existing Galvanize platform. Only the identified enterprise license support and user applications for the existing software can communicate with the currently installed Galvanize software.

Acquiring a different software would require the Department to initiate an entirely new financial audit and compliance reporting process based upon a separate software environment. Initiating a separate financial audit and reporting process, which would result in operational delays that would negatively affect the Departments financial processing system.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer has determined that the anticipated cost to the Government for these services is fair and reasonable. The price for these licenses is based on adequate price competition via the First Source II contract vehicle. Additionally, competition among IDIQ contract holders will often result in additional discounted pricing..

6. Any other facts supporting the justification.

None.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

To remove or overcome barriers to competition in the future, the market will be scanned frequently for new companies and products that could satisfy the Government’s requirement. DHS will continue to re-evaluate the products currently being used and will research additional manufacturers and products that will be in the Government’s best interest as best value for future replacement products.

8. DHS intends to post this requirement on beta.SAM.gov pursuant to FAR 16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Lauren Simpkins Date Technical Representative/COR

10. Contracting Officer Certification

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Cynthia Aki Date Contracting Officer