Part 13 - JA Sole Source FAR Part 13_Redacted.pdf

CUI//SP-SSEL//FED ONLY

Control Number: JA-24-12-1468

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: U.S. Army Medical Research Acquisition Activity (USAMRAA), 808 Schreider Street, Fort Detrick, MD 21702.

2. Description of Action: The United States Medical Research and Development Command (USAMRDC) Office of the Staff Judge Advocate (OJSA) requests a new bridge contract to follow W81XWH-18-P-0188 (which will expire on 29 March 2024) to be issued as a new, Firm Fixed Price contract. This bridge contract will allow for the continued use of the commercial Anaqua docketing and patent database software system until the competitive re-compete is awarded and the successful Offeror’s system is fully configured to go live for OSJA’s use. It is anticipated that Fiscal Year (FY) 2023 Defense Health Program (DHP) Research, Development, Testing and Evaluation funding will be provided for this procurement action. The estimated value for the 15-month period of performance (contemplated as a 9-month base and one 6-month option period) is $

3. Description of Supplies/Services: The USAMRDC OJSA Intellectual Property (IP) Group requires continued use of the commercial Anaqua docketing and patent database software system along with associated customer support services, periodic software and system updates, and some flexibility for configuration and customization.

The system will continue to reside on a local server at Fort Detrick, Maryland under the management of USAMRDC Information Management/Information Technology personnel and will be accessible via internet browser. The contractor shall be responsible for maintaining all necessary permissions for the system to reside on the local server. The docketing and database product will continue to be licensed as a subscription-based software with annual license fees and included customer support and software updates. Licenses based upon volume of records will continue for the duration of the bridge contract.

4. Authority Cited: 41 United States Code 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: Anaqua, Inc. (CAGE: 7QJ46) is the only contractor poised to provide the necessary services to sustain the docketing and patent database

Controlled by: Defense Health Agency (DHA) Controlled by: USAMRAA CUI Category: Source Selection Limited Dissemination Control: FED Only POC: Lisa Kuhns;

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(Source Selection Information - See FAR 2.101 and 3.104-4)

1 JAN 2023

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Source Selection Information - See FAR 2.101 and 3.104-4

OCT 2023

software system in accordance with the Performance Work Statement (which reflects a slightly reduced scope of work compared with the current contract) until a competitive recompete is fully executed to provide a new system based upon the Government’s updated requirements. Additionally, based on the required performance and functional characteristics (as defined with the PWS), Anaqua is the only system with all USAMRDC records currently accessible and properly configured and customized to allow for full performance based on Government needs. Furthermore, as the incumbent contractor, Anaqua, Inc. is the only source that currently possesses the operational infrastructure, knowledge, and experience required to continue providing the requested services (i.e., customer support services, periodic software and system updates).

Finally, Anaqua is the only source for its proprietary suite of software offerings; there are no known third party resellers available. Award of this contract to any other contractor would result in duplicative costs and unacceptable delays, including a lengthy lapse in service and significant loss of data.

The bridge action is specifically required to avoid a lapse in the access/support for a patent docketing and database system. Patent docketing is one of the most crucial functions within any Intellectual Property department. The docketing and database system provides tools for data capture, reporting, document generation, and establishing workflows. A docketing and patent database system also allows the OSJA IP Division to ensure that deadlines are met to maintain and protect Army and DoD IP.

Missing deadlines can result in loss of the ability to obtain a patent and, consequently, the loss of government property.

Due to factors to include USAMRDC’s transition to the Defense Health Agency (which called into question which Contracting Agency would be responsible for a follow on procurement action), contemplated changes to the scope of the contract explored by the Office of the Army General Counsel, considerations of alternative solutions to leverage an existing contract(s) by the requiring activity (e.g., DTTIS), and changes to the acceptable hosting specifications by the USAMRDC and DHA Information Management offices (e.g., Government-owned server versus cloud-based) have significantly impacted USAMRAA’s and USAMRDC’s acquisition planning efforts for the currently contemplated competitive follow-on contract. Therefore, the intent of the bridge contract for a 15-month period of performance is to, primarily, allow for the continued use of the commercial Anaqua docketing and patent database software system after the date of execution of the new competitive follow-on contract to allow sufficient time for the new contractor to perform all required tasks (i.e., configuration, data transfer, etc.) before a new system can go live for full use by the OJSA. Therefore, while this bridge will allow additional time for the acquisition planning and pre-award activities to award a new competitive contract, the bulk of the bridge contract period of performance is expected to support the sustainment of the Anaqua system during the lengthy transition period that the Government is expecting between the time of award of the new contract and the date at which the new system is available for use.

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Source Selection Information - See FAR 2.101 and 3.104-4

6. Efforts to Obtain Competition: In accordance with FAR 5.2, a Notice of Intent to Sole Source has been publicized through SAM.gov. However, given the nature of the bridge requirement, no other actions were taken to obtain competition for the 15-month period to begin on 30 March 2024.

7. Actions to Increase Competition: USAMRAA is currently working with the requiring activity to develop a solicitation for a competitive follow-on action. To date, the Contracting Officer’s Representative at OSJA for the existing contract (W81XWH-18-P- 0188) has facilitated virtual demonstration meetings with various Government stakeholders and multiple potential vendors (specifically, (CAGE: ) and (CAGE: )) to canvass the market and learn about system/database features and contractor capabilities available in the marketplace. As multiple interested and responsible contractors have been located for the competitive follow-on requirement, the Government intends to incorporate clear transition-out requirements as part of the bridge requirement to support a change (if applicable) to the new contractor as a result of the competitive solicitation that will be issued during Fiscal Year 2024. The re-compete is anticipated to provide full and open competition.

8. Market Research: As discussed above in Section 6, the COR has already hosted virtual demonstration meetings with various Government stakeholders and multiple potential vendors. Additionally, in order to comply with Category Management initiatives, internet searches were conducted during Fiscal Year 2023 to determine if the required web-based systems and related services are only available in the open market or if existing vehicles are available to order against to satisfy this requirement. This search revealed no results through Army Computer Hardware Enterprise Software and Solutions (CHESS) website, the Army’s mandatory source for commercial off the shelf (COTS) IT hawardre and software, or through DoD Enterprise Software Initiative (DoD ESI) Blanket Purchase Agreements, which is mandated for the purchase of commercial software and commercial software services pursuant to DFARS 208.7402. Therefore, based on this review, the Contracting Agency anticipated solicitating proposals through the Government Point of Entry (SAM.gov) for the follow-on competitive procurement action.

No additional market research was conducted for this bridge contract, as Anaqua is the only contractor that can provide its proprietary database software system as well as the required services until the follow-on competitive acquisition process is completed and the full transition process has concluded.

9. Interested Sources: The notice required by FAR 5.201 was published through the Government Point of Entry (SAM.gov) on 11 January 2024. No other sources provided a written response to express an interest prior to the due date of 22 January 2024.

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Source Selection Information - See FAR 2.101 and 3.104-4

Additionally, a copy of this justification shall be posted to SAM.gov within 14 days after contract award in accordance with FAR 13.501(a)(iii).

10. Other Facts:

a. Procurement history.

(1) Contract numbers and dates of all awarded contracts for these same requirements.

The current contract for this requirement (W81XWH-18-P-0188) was awarded on 25 September 2018 to Anaqua, Inc. resulting from a 100% small business set-aside competitive solicitation. The total contract value (inclusive of all option periods) is currently $1,984,286.23 and the ultimate end date is 29 March 2024. This competitive procurement contract was awarded using trade off source selection procedures.

The previous database system was purchased under contract number W81XWH-12-F- 0088 (contractor: Knowledge Sharing Systems) which was awarded on a sole source basis (see below for additional details). The contract period of performance was 1 April 2012 to 15 August 2013 and the total contract value was $287,707.44.

(2) The competitive status of these actions.

The current contract for this requirement (W81XWH-18-P-0188) was solicited using competitive Simplified Acquisition Procedures.

The previous database system (W81XWH-12-F-0088) was awarded as a General Services Administration (GSA) Multiple Award Schedule Order directly to Knowledge Sharing Systems (KSS) under the authority FAR 8.405-6(a)(B) and the justification that only one source was capable of providing the needed services due to the specialized nature of the work.

(3) Authority previously cited if less than full and open competition was used.

The Limited Source Justification to support the FY12 acquisition, which provided for less than full and open competition, cited FAR 8.405-6(a)(B).

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

Not applicable; no such justification was prepared for the procurement made before this one. However, the following was included in the LSJ prepared for contract W81XWH- 12-F-0088 to address actions that the agency may take to remove or overcome any barriers that lead to the restricted consideration before any subsequent acquisition for the supplies or services is made:

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Source Selection Information - See FAR 2.101 and 3.104-4

USAMRMC will continue to monitor the marketplace for products that could possibly replace the KSS software and systems. A different system could allow for less barriers to and greater competition for the support and maintenance services.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

The previous and ongoing contract, W81XWH-18-P-0188, was awarded using full and open competition. Due to the circumstances discussed above, a 15-month sole source bridge contract is being requested. The intent is to use this time both to recompete this action using full and open competition and to allow for the new contractor to perform all required tasks in order to support the full transition process and make the new database system available to all OSJA users.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

There were no unusual patterns in the history of this contract.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

A justification was not provided to support W81XWH-18-P-0188 as it was awarded using full and open competition.

b. Other facts. The approval memorandum for a bridge action was approved by the Senior Contracting Official on 26 December 2023.

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

11. Technical 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.

Signature: Date:

24 Jan 2024

Typed Name: _ Title:_Contracting Officer’s Representative_

12. 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.

Signature: Date: 24 Jan 2024

Typed Name: Title: Senior Counsel

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. This determination is expected to be based upon price analysis to include a comparison with the independent Government cost estimate; certified cost or pricing data will not be required as the exception in FAR 15.403-1(b)(3) applies.

Signature: Date: 24 Jan 24

Typed Name: _ Title: Contracting Officer

CUI

Source Selection Information - See FAR 2.101 and 3.104-4

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

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Source Selection Information - See FAR 2.101 and 3.104-4

Approval

Based on the foregoing justification, I hereby approve the procurement of the commercial Anaqua docketing and patent database software system (to provide for continued use) on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.