P03 Sole Source J_A Redacted.pdf

SOLE SOURCE JUSTIFICATION

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. This requirement will be accomplished via:

[X] New Purchase Order

[ ] Modification No.

[ ] Purchase Card

Purchase Order will be:

[ X ] Firm Fixed Price [ ] Cost Type Contract:

[ ] Time and Materials [ ] Other (Specify):

Type of Funds (e.g. Supply Fund, Franchise Fund, IT, etc.):

[ X ] Franchise Fund

3. Description of Supplies or Services.

[X] Services

The Department of Veterans Affairs (VA), Office of Information Technology (OIT), Infrastructure Operations (IO) has a requirement for the renewal of Open Software Technologies, Inc., software license and maintenance coverage. The REXX programming language is widely used for Rapid Application Development, Decision Support, Executive Information Systems, and Automation. Programs built with REXX are simple to maintain when compared with COBOL, PL/1 and assembler. REXXTOOLS/MVS adds access method interfaces, plus many REXX language extensions that greatly increase the functionality of the REXX language. The Open Software Technologies, Inc. software license renewal and maintenance coverage will consist of software upgrades and updates to include major releases, point releases, service releases and security releases of applicable software on a quarterly basis, and/or within 48 hours in cases in which a high risk vulnerability fix becomes available as well as provide telephone help

FY23 Open Software Technology Maint. VA-23-00000288 desk availability 24 hours a day x 7 days a week x 365 days per year. The software license renewal and maintenance coverage will include coverage for the following Open Software Technologies, Inc software item: REXTOOLS/MVS Basic Service Components. The period of performance will be October 1, 2022 through September 30, 2023. The estimated price of the proposed action is $5,908.62.

4. Authority Cited. [ X ] FAR 13.106-1(b)(1)

For purchases not exceeding the simplified acquisition threshold. Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available.

5. Reason for Authority Cited.

The proposed source for this action is Open Software Technologies, Inc.

990 Douglas Avenue, Suite 102 Altamonte Springs, FL 32714

[ X ] Explain need for brand name:

The proposed source for this action is Open Software Technologies, 990 Douglas Avenue, Suite 102, Altamonte Springs, Florida 32714. Based on market research, as described in section 8 of this document, it was determined that currently, Open Software Technologies, Inc, remains the only responsible source capable of satisfying VA’s requirements. Open Software Technologies, Inc. has proprietary ownership of REXTOOLS/MVS Basic Service Components, the only software that meets VA’s requirements.

The OEM, Open Software Technologies, Inc, the REXX programming language is widely used for Rapid Application Development, Decision Support, Executive Information Systems, and Automation. Programs built with REXX are simple to maintain when compared with COBOL, PL/1 and assembler. REXXTOOLS/MVS, which is a product of Open Software Technologies, adds access method interfaces, plus many REXX language extensions that greatly increase the functionality of the REXX language. REXXTOOLS has been running on the AITC systems for decades, and the functions it provides are integrated into existing production programs.

Non-availability of the item in a timely manner will have the following impact:

Programs using extensions/functions provided by REXXTOOLS would fail.

Analysis would be required to determine the extent of the use of these functions, and that analysis would be time intensive as the only way to determine what is being used is by looking for every function in every applicable dataset.

No other contractor can provide the required software and services because they do not have access to the proprietary technical data within the existing software infrastructure. Only Open Software Technologies, Inc. possesses the necessary proprietary source codes to issue licenses and conduct maintenance and service. Any other source would require access to the current proprietary software infrastructure to provide the required maintenance and support. The current IO infrastructure is based in part on existing Open Software Technologies software and VA requires support compatible with the existing infrastructure protocols and functionality for continued operational availability.

VA requires software upgrades and updates to include major releases, point releases, service releases of applicable software on a quarterly basis, or within 48 hours in cases where a high-risk vulnerability fix becomes available. The software updates are required for REXXTOOLS/MVS Basic Service Components software. In addition, a prior implementation of REXXTOOLS/MVS Basic Service Components, software licenses already exist in IO. Acquisition of a different product, even if another one existed with qualifications that met VA’s stated functional needs, would require multiple support costs if the current software licenses were abandoned in favor of a different product and IO would need to re-purchase the initial software licenses that were previously purchased. No other license is compatible with or interoperable with the existing Open Software Technologies, Inc., proprietary database structures, protocols, and software application programming interfaces.

6. Efforts to Obtain Competition.

[ X ] There is only one responsible source for this item. Efforts made to locate additional sources are described under the “Market Research” paragraph of this document. There is no competition anticipated for this acquisition. Procurement data does not include any unnecessary requirements that may inhibit competition.

7. Actions to Increase Competition.

[X] Other actions that will be accomplished to increase competition

Other actions that will be accomplished to increase competition. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be fully competed.

8. Market Research.

Market research was conducted by _ a Government technical expert___ during the time of _February 2022. The methods used and results are as indicated below:

[ X ] The market research consisted of the following:

[ X ] Other, as follows:

VA Technical personnel conducted market research in August 2021 thru February 2022, which consisted of a provided by Relational Architects International and REXX Language eXtensions for z/OS and MVS provided by Relational Architects International. These products appear to provide the same functionality with the exception that they require you to run database2. We do not run database2 so there we cannot utlize either of these products. Based on the market research, it was determined that only Open Software Technologies, Inc can meet all of the Government’s requirements. Therefore, the action cannot be set-aside for an SDVOSB or Veteran Owned Small Business, or any other socio-economic. In a letter dated February 14, 2022, (reference contract file Tab P02) an Open Software Technologies representative confirmed that it does not distribute through third parties and will only sell direct.

The Contract Specialist (CS) conducted market research in July 2022 by using the NASA SEWP V GWAC Research and Provider Lookup tools to determine what vendors are capable of meeting the requirement. Based on this market research, the CS found 0 service-disabled Veteran-owned small businesses (SDVOSB) capable of meeting the full requirement. The CS received a letter from the OEM stating they are the sole source provider, and no authorized resellers can supply the Rexxtools/ MVS software maintenance to the VA.

9. Interested Sources.

[ X ] Solicitation covering this procurement will not be synopsized in Contract Opportunities Page pursuant to FAR 5.201(b)(1)(i).

10. Technical and Requirements Certification. I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Preparer

Name: ___________________________________ Date:

Title: ____________________________________

Signature: _________________________________

11. Determination of Fair and Reasonable Price. I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on past procurement history.

Name: ___________________________________ Date:

Title: Procuring Contracting Officer

Signature: _________________________________

12. Procuring Contracting Officer Certification. I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: _________________________________ Date:

Title: Procuring Contracting Officer

Signature: ___________________________