Sole Source MICROFOCUS.doc

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

National Finance Center

Office of the Chief Financial Officer

U.S. Department of Agriculture

SOLE SOURCE JUSTIFICATION

FOR OTHER THAN FULL AND OPEN COMPETITION

This document contains the justification required by Section 6.3 of the Federal Acquisition Regulations and is submitted in the format specified in Section 6.303-2, Content.

1.

Identification a.

Agency U. S. Department of Agriculture Office of the Chief Financial Officer Information Resource Management Division National Finance Center 13800 Old Gentilly Road New Orleans, La. 70129 b.

Contracting Activity U. S. Department of Agriculture Office of the Chief Financial Officer National Finance Center 13800 Old Gentilly Rd New Orleans. La 70129 2.

Action Acquisition of the requirements set forth herein from the specified source on the basis of other than full and open competition, can only be satisfied by on (1) source (FAR 6.302-1).

3.

Description The U. S. Department of Agriculture has a requirement to acquire software maintenance from

IBM.

4.

Statutory Authority Section 6.301-1 provides authority when "Only one responsible source and no other supplies or services will satisfy agency requirements." The is the owner of copyright authority for the required software and no other source is known to have authorization for license, maintenance, and technical support of said copyright software.

5.

Unique Qualifications IBM owns the copyright to the required software package.

6.

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

7.

Anticipated Cost The U. S. Department of Agriculture has determined that the anticipated cost to the Government will be fair and reasonable.

8.

Market Survey The U. S. Department of Agriculture has conducted a market survey and has determined that the software required is copyrighted by MICROFOCUS and that no other source has been authorized to provide licenses, maintenance and technical support.

9.

Acquisition Interest The U. S. Department of Agriculture has been unable to identify any source offering responsible licenses, maintenance, and technical support for the software required.

10.

Barriers to Competition The U. S. Department of Agriculture is unable to identify any action, which can be taken to overcome copyright protection to required software.

11.

Certification I certify that the justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

The requisitioner further certifies that the justification verifies the Government's minimum needs or schedule requirements and any rationale used to justify other that full and open competition procedures.

Requisitioner Name & Title Gary Dukes, ITSD Procurement

Date Computer Resources Management Branch National Finance Center Office of the Chief Financial Officer Contracting Officer Name, Signature, and Date Date