REDACTED_-_SoleSource_J_and_A_AINS_(2018).pdf

LIMITED SOURCES JUSTIFICATION

FOR LIMITING SOURCES ON THE FEDERAL SUPPLY SCHEDULE PROGRAM

FAR Part 8.4

1. Identification of the agency and the contracting activity:

The Office of Acquisition Management proposes to enter into a delivery order on the basis of other than full and open competition for the acquisition of software maintenance and system support services used in the vetting of prospective contractors and grantees for potential ties to terrorist organizations/supporters for the Department’s Partner Vetting System (PVS), on behalf of the Office of Risk Analysis and Management (RAM). The estimated cost is $971,000.00.

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

The action being undertaken is the issuance of a new order under GSA Federal Supply

Schedule GS-35F-576GA with AINS, Inc. of Rockville, MD.

3. A description of the supplies or services required to meet the Department’s needs:

The requirement is to provide software support and maintenance services at DOS in Washington DC at a total estimated cost of $970,000.00. This will allow the Office of Risk Analysis and Management (RAM) to accomplish contractor partner vetting. The Department requires professional technical and advisory services for the continued adaptation and maintenance of the existing PVS system software and associated database.

4. The authority and supporting rationale and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the supply or services.

FAR 8.405-6(a)(1)(i)(B) - Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

5. A determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d) and FAR 8.405-(d).

The Contracting Office determines that the anticipated price(s) will be fair and reasonable based on review of GSA Schedule and historical pricing. By signing the justification the Contracting Officer makes a determination that the cost/price to the Government are expected to be fair and reasonable.

6. A description of the market survey conducted and the results or a statement of the reasons a market survey was not conducted:

A market survey was conducted, utilizing GSA price schedules for other IT service providers. AINS’ pricing is competitive, particularly in view of their unique ability to provide the required services in a timely, responsive manner.

7. Any other facts supporting the use of other than full and open competition:

To seek and employ any other source to meet the Department’s requirements would require significant duplication of cost and cause significant delay to the government, particularly while the new vendor tried to become sufficiently familiar with the PVS/RAM system to sustain performance.

AINS is the sole designer, developer, and producer of the Partner Vetting System (PVS).

AINS has maintained the system since its inception more than 10 years ago. During that time the PVS has undergone numerous changes and upgrades. Only AINS has the requisite knowledge of the system and its software as well as the intimate knowledge of previous system changes necessary to adapt and maintain the system to meet the Department’s current requirements.

As no offeror other than the designer, developer and current maintainer of the PVS system is believed capable to perform the work required, no effort has been made to solicit any other source. This requirement will be met utilizing federal supply schedule (GSA). FAR part 8 GS-35F-576GA ordering procedures will apply. In accordance with FAR 8.404 (a)..., “Ordering activities shall not seek competition outside of the Federal Supply Schedules or synopsize the requirement”.

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:

For the foreseeable future, the requirement to adapt and maintain this legacy system can only be satisfied by AINS, the designer, developer and producer of the PVS system and associated software. When, and if, technological advances require the development of a new PVS/RAM system, the Department will seek to satisfy the requirement through full and open competition appropriate to the level appropriate to the Department’s approved small business goals. Additionally, this J&A will be published on FedBizOpps in accordance with FAR 8.405-6 within 14 days of award.