RightNow_Lic._FY_2013._Brand_Name_Just.OLC.3.pdf

Equal Employment Opportunity Commission Office of the Chief Financial Officer

Acquisition Services Division

Justification For Other Than Full And Open Competition (Brand Name)

(NOTE: TO COMPLETE THIS FORM, PLEASE SEE INSTRUCTIONS ON PAGE 4. SEPARATE SHEETS MAY BE ATTACHED WHEN ADDITIONAL SPACE iS REQUIRED TO PROVIDE SUFFICIENT BACKGROUND INFORMATION. EACH SHEET MUST CLEARLY

IDENTIFY THE APPLICABLE ITEM NUMBER(S).

1. REQUIRING ACTIVITY:

Office of Information Technology

2. NATURE AND DESCRIPTION OF ACTION BEING APPROVED:

The EEOC, Office of Information Technology (OTT) requests approval of a justification for the Renewal of sixty-Six (66) RightNow Licenses and support services. All required software licenses and support Services must be brand name only. (RightNow). lAW FAR 19.502-2(a), this acquisition is set aside for small business concerns.

3. DESCRIPTION AND ESTIMATED VALUE OF SUPPLIES/SERVICES REQUIRED:

The renewal of the 66 RightNow software licenses and services are required to support the efforts of the Agency’s Customer Service Representatives (IIR). The specific Brand Name (RightNow) services required are listed below:

Product ID.

ENT-NU

WPSES-20K

Description of Services Quantity

Enterprise Desktop Named User 66

Oracle RightNow Tier 1 Sessions +-

Monthly - 100 per Month 1

WPI Web Portal (External) Interface 1

The period of performance will be from August 21, 2013 through August 20, 2014 (12 months).

The estimate value of this acquisition is $79,000, of which FY 2013 funds are currently available.

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4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION (CHECK

APPROPRIATE ITEM):

X.. (a} 41 U.S.C. 253(c) (1); FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements. (NOTE: This authority should not be used if 4(b) or 4(d) is applicable.

In addition to the above FAR 6.302-1(c) states:

(c) Application for brand-name descriptions. (1) An acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer--(i) Does not provide for full and open competition, regardless of the number of sources solicited; and (ii) Shall be justified and approved in accordance with 6.303 and 6.304. (B) The justification should indicate that the use of such descriptions in the acquisition or portion of an acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company; and

(C) The justification shall be posted with the solicitation (see 5. 102(a)(6)).

(b) 41 U.S.C. 253(c)(2): FAR 6.302-2 Unusual and Compelling Urgency. Full and open competition is impractical because any delay in award of this procurement would result in serious injury, financial or other, to the

Government. This authority requires offers from as many potential sources as practicable under the circumstances.

(c) 41 U.S.C. 253(c)(3): FAR 6.3 02-3. Industrial mobilization; engineering, developmental, or research capability; or expert services. It is necessary to award the contract to a particular source or sources in order (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization, (B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (C) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute. Use of this authority may be appropriate when it is necessary to acquire the services of an expert to use in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency whether or not the expert is expected to testify, or to acquire the services of a neutral person to facilitate the resolution of issues in an alternative dispute resolution process.

(d) 41 U.S.C. 253(c)(5): FAR 6.302-5 Authorized or Required by Statute. A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, e.g.. SBA Section 8(a), Purchases from the Blind and Other Severely Handicapped, or Federal Prison industries (UNICOR) and

Government Printing and Binding. This Authority shall not be used when a provision of law requires an agency to award a new contract to a specified non-Federal Government entity unless the provision of law specifically;

(1) identifies the entity involved; (21 refers to Section 303(h) of the Federal Property and Administrative Services

Act of 1949 for civilian agency acquisitions; and (3) states that award to that entity shall be made in contravention of the merit-based selection procedures in Section 303(h) of the Federal Property and Administrative Services Act.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED: EEOC is currently using RightNow Technologies, Inc software throughout our Intake Information Group (JIG) to access the

EEOC information contained in the knowledge base, manage customer records and manage the

“info@eeoc.gQy” email queue. When a call comes in to an Intake Information Representative (IIR) located in one of our 15 offices (across the country), the hR utilizes customer relations management software (RightNow) to access information about the EEOC and the laws that we enforce, as well as to enter and track information about each transaction (phone calls and emails), their bases and issues, demographics, and how the transaction was resolved. The software is a hosted solution that allows the EEOC FORM 615 (Revised) (7/10) Previous editions of this form are obsolete and should not be used Page 2 of 4

IIR’ s to enter the information remotely and management to run reports utilizing the information collected by the hR staff. The reporting that is obtained from the system is used for program management, congressional inquiries and commission usage. The RightNow CRM that we currently use and have used since 2004 is highly customized to meet the very strict standards of the EEOC. These customizations include 50 custom fields, customized tabs within the EEOC hR workspace, EEOC embedded map, workspace rules to ensure customer service and accuracy, demographics based on IMS requirements, Customer Portal that includes EEOC specific Frequently Asked Questions, Email handling capabilities, an Add-In that allows full call control and is integrated with our SIT, 13 system, 1024 knowledge base articals that the EEOC employees use, service level requirements, customized Topics/Categories and Dispositions for each transaction handled, specific queue creation and a CRON job that assists with importing information in to EEOCs IMS system. Changing systems would require forfeiture of all historical data dating back to 2005. In addition, due to extreme staff vacancies, training and implementation efforts would cause substantial service disruption.

6. DESCRIPTION OF ANY EFFORTS MADE TO ENSURE OFFERS ARE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS PRACTICABLE:

This requirement will be publicized at the FedBizOpps website: www.fbo.gov. This will afford all small business concerns which can provide the required specific brand name products/services (RightNow) an opportunity to compete in the commercial marketplace.

7. DETERMINATION BY THE CONTRACTING OFFICER THAT ANTICIPATED COST IS FAIR AND

REASONABLE:

A price analysis will be conducted prior to award of the contract to determine that the price is considered fair and reasonable.

8. DESCRIPTION OF MARKET SURVEY CONDUCTED AND RESULTS (If a market survey was not conducted, please state reason): OTT conducted market research of other similar products (Oracle CRM

Call Center On Demand and Entellium eCustomerCenter) , however, they do not meet the agency’s needs. The criteria used to compare products/services are as follows:

• Transition/impact on existing customers (RightNow software to another vendor)

• Significant Required Customizations

• Compatibility of file and customer relations management data with current Agency systems

• The time and cost to re-train instructors, administrators and JIG users and numerous field office and HQ staff.

• The total cost of the product and services required to implement the new CRM system

• Cost of recreating the 1100 page article knowledge base

• Security/compatibility to be used in and out of the Agency’s existing firewall

• Compatibility within the Agency’s existing IT environment and significant training or acquiring of an expert to administer the new system The result of OTT’ s market research established that there are several authorized RightNow resellers/vendors capable of meeting the government’s requirements.

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9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION:

EEOC has established RightNow as the standard for CRM software for the JIG Unit. To change CRM software systems at this point in time would require significant retraining of all JIG employees and would disrupt our ability to answer our telephones in a timely manner — severely diminishing our service to the public. Because of the time limits for filing a charge of discrimination that are set forth in the statutes the EEOC enforces it is imperative that the public be able to reach the agency in a timely manner. Customers who are unable to reach an EEOC office may lose their rights to file a complaint. More than 90,000 calls come into the agency each month. Any time dedicated to retraining the entire staff on new CRM software will impact our ability to be available to answer calls. When we chose RightNow as the Agency’s standard CRM software, we considered the fact that we already had licenses and were familiar with the product as well as (and most importantly) invested in the initial development of our RightNow Instance.

EEOC has also already spent over $20,000 in training for its in-house RightNow administrators since implementation of the system. Based on the criteria above, the most recent comparison indicates that

RightNow is essential to the Government’s requirement because the purchase of a similar product may cause a disruption in services to the Agency and the public, as well as, significant implementation cost and retraining costs. In addition, use of another CRM application would require significant reinvestment in customizing a new system to meet EEOC specific needs, retraining of experienced CRM administrators and loss of substantial training in the RightNow software that we have already invested in. All of which would be much more costly than remaining with the current RightNow solution. RightNow has also proven themselves as a reliable vendor providing a very flexible, user friendly and stable product... all of which is critical to the EEOC.

Therefore, this Brand Name Decision/Justification to continue to use RightNow CRM application as the standard EEOC customer Relations Management tool is justified and is most advantageous (providing the best value) to the Government and allows the EEOC to maintain customer services with no interruption especially since the JIG has (and rest of agency) has substantial staff vacancies which would create even more of a service disruption as we currently need as many liRs on the phones at all times.

Implementation of a new system would require substantial time off the phones for training and system setup activities. It would also require substantial customizations to be “re-created” which may take months to accomplish.

As stated above, several authorized resellers have been identified through market research using historical acquisition information, web-based resources and direct contact with the original manufacturer (RightNow) and authorized resellers.

10. LIST OF SOURCES EXPRESSING WRITTEN INTEREST IN THIS ACQUISITION, IF ANY:

None.

11. STATEMENT OF ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY

BARRIERS TO COMPETITION BEFORE TAKING ANY SUBSEQUENT ACQUISITION FOR THE

SUPPLIES OR SERVICES:

OIT will conduct market research to identify other viable sources for the required licenses, and seek competition for any future products/services of this nature, if warranted.

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12. CONTRACTING OFFICERJTECHNICAL CERTIFICATION

I CERTIFY THAT THE ABOVE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF

MY KNOWLEDGE AND BELIEF.

12 . Contracf g Officer ertification/Approval:

DATE: /

(Sintniontracting Officer)

12B. Technical Official Certification:

Cr4 ‘3ci1,\ DATE:_______

(Signature of Technical Official) (If Applicable)

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