Pre-Solicitation_Documentation_(Justification_&_Approval_for_Limiting_Sources)-signed.pdf

J&A Justification for other than Full and Open Competition

Agency: Federal Energy Regulatory Commission (FERC)

Contracting Activity: Acquisition Services Division

1. Nature and description of action being approved

FERC intends to award a contract to Siemens Industry, Inc. for a renewal of Maintenance & Support for PSSE and MUST software of which Siemens is the only source. See Market Research Memorandum and email from Siemens stating there are no resellers.

2. A description of the supplies or services required to meet the agency’s needs

PSSE & MUST software standard Maintenance & Support.

3. Statutory authority permitting other than full and open competition

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

4. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Siemens Industry, Inc. provided an email on December 06, 2016 where they stated that there are no resellers of PSSE and MUST Maintenance & Support. Both of these software products have been used by the FERC for some time and are necessary for accomplishment of the mission. Replacement with Another product would create challenges in implementing it into our workflow and require training of all the staff currently using the products and this would create additional costs.

5. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies

This J&A will be publicized on FedBizzOpps for 15 calendar days.

6. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

A price reasonableness determination is included in the Award Summary Document.

7. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted

Market research was performed and no sources other than Siemens were found. Siemens was requested to provide a list of resellers if there were any and responded that there were no resellers.

8. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required

Prior to the exercise of each option further market research will be performed and a list of any reseller’s will be requested from Siemens.

I certify to the best of my knowledge that the above statements are correct.

Ryan Kirkwood Date Contracting Officer Acquisition Services Division

12/23/2016 Ryan Kirkwood