Redacted Justification for Other Than Full and Open Competition.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SIMPLIFIED ACQUISITION PROCEDURES (SAP) FAR 1 3. 1 06-1 (b)

SOLIC ITATIONS MAY BE LIM ITED TO ONE SOURCE ONLY IF THE CONTRACTING OFFICER DETERMI NES THAT ONLY ONE SOURCE IS REASONABLY AVAILABLE. THIS DETERMINATION MUST BE SUPPORTED WITH FULL JUSTI FICATION FOR SOLE SOURCE FROM THE CUSTOMER. WHEN THE CUSTOMER DESCRIBES AN ITEM WITH A PURCHASE DESCRIPTION WHICH LIM ITS THE AVAILABILITY TO ONE SOURCE, THE JUSTIFICATION MUST EXPLAI N WHY TH E ITEM IS THE ONLY ONE THAT WI LL MEET THE GOVERNMENT'S REQUI REMENT. STATEMENTS SUCH AS "ONLY KNOWN SOURCE" OR "ONLY SOURCE WH ICH CAN MEET THE REQU IRED DELIVERY DATE" ARE I NADEQUATE TO SUPPORT A SOLE SOURCE PURCHASE. Do not use marketing language in this document. Language such as "This company has made its mark ," "This company is recognized as industry's best ," and ''This company is the leader in . . . " is unacceptable.

PURCHASE REQUEST OR REQUIS ITION PROJECT ff ASK ESTIMATED AMOUNT (Over Micro- NUMBER NUMBER Purchase Threshold, but up to the SAT)

- CITE AUTHORITY & JUSTI FICATION TYPE - READ FAR 6.302 TO DETERMINE APPROPRIATE TYPE

10 U.S.C. § 3204[al( 1 ) ONLY ONE RESPONSIBLE SOURCE AND NO OTHER SUPPLIES OR SERVICES WILL SATISFY

□ AGENCY REQUIREMENTS .

1 0 U.S .C. § 320!!{a)!2l UNUSUAL AND COMPELLING URGENCY

10 U.S.C. § 3204{al(3J INDUSTRIAL MOBILIZATION; ENGINEERING, DEVELOPMENTAL, OR RESEARCH CAPABILITY; OR

EXPERT SERVICES

1 0 U.S.C . § 3204(al[4l INTERNATIONAL AGREEMENT

10 u.s .c. § 3204{al(5l AUTHORIZED OR REQUIRED BY STATUTE - MUST PROVIDE IT

1 0 U .S.C. § 3204{al(6) NATIONAL SECURITY

10 U.S.C. § 3204(al(7} PUBLIC INTEREST [SECRETARY OF HOMELAND S ECURITY NEEDS TO APPROVE THIS DOC]

BR I E F DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED, AND THE I NTENDED USE. The USCG, ALC, ISO has a requirement on a sole source basis for Payara Server Enterprise Software. This software runs some of ALC's in-house developed web applications. This software provides a mean to both host the applications and manage the security of the applications in a more developer friendly and cost effective way.

UN IQUE CHARACTERISTICS THAT LI MIT AVAI LABILITY TO ONLY ONE SOURCE, WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED. Payara Services Limited, CAGE CODE (U 1 UH5) is the Original Equipment Manufacturer (OEM) of the intellectual property owner of the software. As such, Payara Services Limited holds all proprietary rights to the system's design and data and do not license its use to any other companies.

A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT QUOTATIONS OR OFFERS ARE SOLIC ITED FROM AS MANY POTENTIAL SOURCES AS PRACTICABLE (INCLUDE YOUR MARKET RESEARCH EFFORTS HERE). Extensive market research was conducted using both Government and commercial sources. This included querying the fol lowing information systems and web sites: Defense Logistics Agency (DLA) Federal Logistics Information Service (WebFlis); Department of Defense Electronic Mall (DoD EMall); the General Services Administration's (GSA) on-l ine purchasing service-GSA Advantage Inventory Locator Service e-marketplace ( I LSmart); internet search engines; and the OEM's website. These services are not ava i lable from any mandatory Government source IAW FAR 8.002 or from any non-mandatory source IAW FAR 8.004.

REASON THAT SUGGESTED SOURCE IS THE ONLY SOURCE WH ICH CAN PROVI DE THE SUPPLIES OR SERVICES. As the owner of all proprietary rights to the Payara Services Enterprise Software, Payara Services Limited is the only one in possession of the data related to the software's design and function. This information is required to service the hardware and make any changes to software code. This technical data is not owned by the Government nor is this information llcensed to any other commercial sources.

EXPLAIN WHY AN ADEQUATE PURCHASE DESCRIPTION OR OTHER INFORMATION SUITABLE TO SOLICIT BY FULL AND OPEN COMPETJTJON HAS NOT BEEN DEVELOPED OR ARE NOT AVAI LABLE. The Government does not own or possess any rights to the software code required to make any changes to the Payara Enterprise Software. The development of the code required for the USCG to create a comparable i nformation system has been deemed uneconomical. I , in addition, it would be difficult to integrate historical measurements and other data into any new software so that long-term performance can be reported and analyzed.

PROVI DE A STATEMENT OF ACTIONS, I F ANY, THE GOVERNMENT MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE FUTURE ACQUIS ITIONS ARE REQUIRED. As previously stated, the Government does not own or possess any rights to the software source code that is required in order to modify the Payara Enterprise Software. This has prevented the USCG from being able to provide an adequate technical description to potential new sources.

It is d ifficult to take steps to foster competition when the necessary data is proprietary to the OEM.

March 8, 2023 Version

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