HHS_JA_Brand_Name_OpenText_RFQRMLC1891240-Redacted.pdf

Justification & Approval – Brand Name

“Source Selection Information – see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity. DHHS/National Institutes of

Health [NIH]/National Institute of Allergy & Infectious Diseases[NIAID]/Acquisitions Management Operations Branch [AMOB]

b. Sponsoring organization. National Institute of Allergy and Infectious Diseases [NIAID], Office of the Director [OD], Office of Science Management and Operations [OSMO], Office of Cyber Infrastructure and Computational Biology [OCICB] Software Engineering Branch [SEB]

c. Project Officer information.

Project Officer name.

Mailing address.

E-mail address.

Telephone number.

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

a. Acquisition purpose and objectives. This Justification and Approval (J&A) on a brand name only basis is for annual license renewals for Open Text software currently used to support NIAID’s Electronic Document and Records Management System (EDRMS) project. The Software Engineering Branch (SEB) requires renewal of the software subscriptions to provide needed maintenance and support of the NIAID EDRMS project.

b. Project background. The National Institute of Allergy and Infectious Diseases’ (NIAID) Software Engineering Branch (SEB) of the Office of Cyber Infrastructure and Computational Biology (OCICB) provides technical and tactical cyber technologies management and support for NIAID biomedical research programs. SEB designs, develops, maintains, implements, and manages software, systems, and applications that provide enhanced support to NIAID.

In 2007, NIAID made a strategic decision to address document management and workflow processes at an Enterprise (Institute-wide) level. After conducting market research and an open competition, NIAID acquired OpenText’s Content Server (formerly, LiveLink) software in 2008. Every year since the initial acquisition, NIAID has paid for 3500 named user licenses so that everyone at NIAID can use this resource. As part of NIAID’s Core Operating Environment, Content Server is critical to business processes including Contracts, Inter and Intra Agency Agreements, SOP Management for several labs, and many others.

Annual licensing is required to continue to use the software and guarantees support and upgrades from OpenText. SEB also requires renewal of the Open Text Process Suite (previously Cordys) which is a Business Process Management (BPM) software used to support the NIAID EDRMS Program. This renewal of the software subscription will provide needed licensing, maintenance, and support required to successfully execute this initiative. As stated, this firm-fixed price, follow-on requirement is for renewal of existing Open Text software subscriptions to support the NIAID EDRMS project.

Recent procurement history for Open Text software subscriptions include:

Contract/Order No. HHSN272201700353P Contractor: Open Text, Inc.

Period of Performance: March 1, 2017 – February 28, 2018 Total Dollar Amount: $3367,737.77

Contract/Order No. HHSN272201600348P Contractor: Open Text, Inc.

Period of Performance: March 1, 2016 – February 28, 2017 Total Dollar Amount: $350,286.49

Contract/Order No. GS35F04080J/HHSN272201500114U Contractor: Open Text, Inc.

Period of Performance: March 1, 2015 – February 29, 2016 Total Dollar Amount: $215,482.16

Contract/Order No. GS35F0480J/HHSN272201500169U Contractor: Open Text, Inc.

Period of Performance: July 1, 2015 – February 29, 2016 Total Dollar Amount: $ 43,270.30

Contract/Order No. HHSN272201500433P Contractor: Open Text, Inc.

Period of Performance: April 1, 2015 – February 29, 2016 Total Dollar Amount: $47,620.83

Contract/Order No. GS35F0480J/HHSN272201500114U Contractor: Open Text, Inc.

Period of Performance: March 1, 2015 – February 29, 2016 Total Dollar Amount: $215,482.16

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Open Text Software Renewals FY18

b. Project description. This requirement is for commercially available Open Text Content Server and related software licenses and software maintenance as provided in Appendix A. The required licenses are perpetual software licenses. OpenText Content Suite is a comprehensive Enterprise Content Management (ECM) system designed to manage the flow of information from capture through archiving and disposition.

OpenText Process Suite is a set of components that allows NIAID to quickly build process and case management applications. Open Text Regulated Documents is an add-on to OpenText Content Suite Platform that manages controlled documents to reduce regulatory risk. OpenText Email Management combines foundational email archiving with advanced records management capabilities, enabling NIAID to archive corporate email into a centralized system and manage that information according to consistent record policies. OpenText WebReports is the business solution development and reporting framework for OpenText Content Suite. The software maintenance as a product for Content Server and Ecosystem includes: software updates/upgrades; product enhancement input;

support services; OpenText expertise; and online resources. These products/services are of a type customarily used for nongovernmental purpose and that have been sold or leased to the general public. As such, commercial products/services under FAR part 12 are appropriate for this requirement.

Requirement type.

Research & development (R&D) R & D support services Support services (non-R&D) Supplies/equipment Information technology (IT) Construction Architect-engineer (A & E) services Design-build Other (specify): ____________________

Type of action.

New requirement Follow-on Other (specify): ______________________

Proposed contract/order type.

Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials

Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________

Other (specify): ___________ Completion Form Term form

Acquisition identification number. AMBIS requisition #1891240. Solicitation ID: RFQ-RML-C-1891240.

c. Total estimated dollar value and performance/delivery period.

Total Estimated Dollar Value:

Total Period of Performance: 03/01/2018-02/28/2019

4. Identification of the statutory authority permitting other than full and open competition.

This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 253(c)(__) as set forth in Federal Acquisition Regulation (FAR) 6.302- __.

This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 1901(e)(2) as set forth in Federal Acquisition Regulation (FAR) 13.501(a).

This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 428a).

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

a. Name and address of the proposed contractor(s).

Open Text Corporation 951 Mariners Island Blvd., Ste 700 San Mateo, CA 94404-1561

b. Nature of the acquisition and proposed unique qualifications of the contractor(s). The Program and Contracting Offices have determined that only OpenText brand and no other brands or services will satisfy agency requirements. Market research indicates other companies’ products, while similar, are lacking the particular features, do not meet, or cannot be modified to meet the agency’s needs. OpenText’s Content Server and Process Suite are software supporting NIAID’s Electronic Document and Records Management System (EDRMS), which is responsible for managing over 60 document repositories and workflows that support NIAID’s mission and operations. These products have been used by NIAID since 2008. Specific capabilities of Content Server include:

Document Management o Document repository o Electronic management and control of storage and retrieval of document-based content Workflow and Business Process Automation o Electronic automation of business process steps Records Management o Maintaining the records of an organization from the time they are created up to their eventual disposal

Regulated Environment o Automates the sharing and management-controlled content in support of Clinical and Laboratory document management.

Regulated environments will help Labs to comply with regulations such as GxP and 21 CFR Part 11.

Specific capabilities of Process Suite include:

Integrates a single, open platform based on service-orientated architecture (SOA) Supports traditional Business Process Management (BPM) and Dynamic Case Management in a single platform Enables collaboration through a single workspace Supports any type of workflow – human, document, or integration-centric Includes master data lifecycle management and synchronization across multiple source systems

No other products, except OpenText Content Server and Process Suite, provide a compatible platform for the 60 repositories and workflows supporting the Institute. Procuring another Document Management system would require a massive effort to recreate these customizations and configurations, equal to or exceeding the time and effort to create them in the first place. The OpenText manufacturer and its authorized resellers have proprietary data rights that effectively preclude competing annual maintenance for products.

The Adlib EXPRESS licenses sought as part of this purchase request are a third-party module required for server-based document conversion (“publishing”) within the enterprise electronic laboratory notebook system eNovator (KinMatik, Inc). The eNovator system is a component of the NIAID’s enterprise document repository “LiveLink” is sold and supported by Open Text Corporation. The LiveLink repository and modules within it are uniformly supported by Open Text Corporation, ensuring continuity of service and proper maintenance for the life of the repository. Because of the need for a single support route for all LiveLink-based systems and the way the Adlib EXPRESS package is bundled as a module integrating with the LiveLink system, we are required to use Open Text Corporation to provide the Adlib Express package. Open Text Corporation is the only available source that meets the requirements of this acquisition.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. As required by FAR Subpart 5.2, a Federal Business Opportunities (FedBizOpps) combined synopsis/solicitation will be publicized for 10 days and cited as a commercial item purchase (as stated in FAR Part 12) with the authority to use simplified procedures for certain commercial items as authorized in FAR 13.500(a). In accordance with FAR 5.102(a)(6), a brand name justification will be published with the solicitation.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. The techniques identified at FAR 13.106-3(a)(2) will be used to ensure award will be at fair and reasonable prices.

NIAID intends to base price reasonableness on competitive quotations received in response to the solicitation. If only one response is received, then NIAID will consider the government estimate; comparison of industry prices for similar products; and comparison of proposed prices found reasonable on previous purchases as a determining factor for price reasonableness. A final determination by the Contracting Officer will be conducted prior to award of this contract.

7. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

Market research was conducted in accordance with FAR Part 10. The Program Office conducted the initial market research by reviewing pricing on the desired products from OpenText. The Contract Specialist reviewed the mandatory priorities in accordance with FAR Subpart 8.002(a)(1) Priorities for Use of Government Supply Sources and determined that none of the mandatory Government sources could satisfy this requirement. The Contract Specialist also reviewed the GSA Federal Supply Schedule 70 and NITAAC CIO-CS contract.

The NITAAC contract was given first consideration since it is an HHS strategic sourcing vehicle for the purchase of IT peripherals. However, none of the requirement’s part numbers were found by a search conducted on NITAAC’s market research tool. A review of GSA Advantage revealed no results for the required products. Research revealed all the required products are available through the open market. Open Text has 51 authorized reseller partners for the Public Sector. Based on the market research, it is determined that there is adequate competition through the open marketplace to provide the required products.

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

N/A

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition. N/A

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services. It is the policy of NIAID to promote the use of competitive procedures whenever and wherever possible. In an effort to remove or overcome barriers to competition in the future, the market will be scanned frequently for new companies and products that could satisfy the Government’s requirement. The SEB staff meets regularly with equipment manufacturers and vendors and attends manufacturer and industry training to keep current on technology. Vendor and trade magazines are scanned for new, open technologies that can satisfy future infrastructure requirements. The agency will continually re-evaluate the brand name equipment currently being used and will research for the manufacturers and products that will be in the Government’s best interest as best value for future replacement equipment at the agency’s site and at sites the agency supports. The current situation requires Open Text licenses as the brand which currently satisfies agency requirements. Since there is a continual re-evaluation to brand names currently being used by the agency for the present equipment, if/when alternatives become available, they will be evaluated for use.

12. Program office certification.

This is to certify that the portions of this justification that have been developed by the undersigned program office personnel, including supporting information and/or data verifying the Government’s minimum needs, schedule requirements and other rationale for other than full and open competition, are accurate and complete.

Official Name & Title Signature Date

Project Officer

Project Officer’s

Immediate Supervisor

Head of the Sponsoring

Program Office

13. Contracting Officer certification.

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Official Name & Title Signature Date

Contracting Officer

14. Chief of the Contracting Office and Head of the Contracting Activity signature(s).

Official Name & Title Signature Date

Chief of the Contracting

Office

N/A

Head of the Contracting

Activity

N/A

15. Competition Advocate signature.

. Official Name & Title Signature Date

Competition Advocate

N/A

16. HHS Senior Procurement Executive signature.

Official Name & Title Signature Date

HHS Senior Procurement

Executive

N/A

APPENDIX A – BRAND NAME ONLY PRODUCTS

Mfg. Part # Manufacturer Description Qty Unit

S-LLPGECMCLM_M OPENTEXT

Content Suite Platform Standard Named Users Maintenance 3500 EA

S-ALBEXPRONPN_M ADLIB

Adlib Express Server + EFTS Non- Production Maintenance 6 EA

S-ALBEXPRO_M ADLIB

Adlib Express Server Professional Edition Maintenance 2 EA

S-LLPGECMADVWF_M OPENTEXT

Advanced Workflow Full Named Users Maintenance 3500 EA

S-LL-CS-PREMIER OPENTEXT Content Server Premier Support 1 EA

S-CY-PSUITENAMEDUSR_M OPENTEXT

Process Suite Named User License Maintenance 3500 EA

S-LLPGECMRDOCS_M OPENTEXT

Regulated Documents Add-On Package Full Named Users Maintenance 3500 EA

S-LLPGEMGTMS_M OPENTEXT

Email Management for Microsoft Exchange Maintenance 3500 EA

S-LLPGMSSP_M OPENTEXT

CLM Services for SharePoint Maintenance 3500 EA

S-CY-PSUITE-FEE-KIT_M OPENTEXT

Process Suite Base License Fee Maintenance 1 EA

S-LLWEBRPTWFEXT_M OPENTEXT

WebReports Workflow Extensions Maintenance 3500 EA

S-LLADN_M OPENTEXT

Automatic Document Numbering Maintenance 1 EA

S-IGR-3-OT-C-ANNOTATIONKIT_ M OPENTEXT

Brava! for Content Suite - Docs + CAD - Base Module KIT Maintenance 100 EA

S-ALBEXPENTMGR_M ADLIB

Adlib Exponent (cluster manager for multiple Adlib Express Servers) Maintenance 3 EA

S-IGR-3-OT-DPUBLREDACT_ M OPENTEXT

Brava! for Content Suite Add-On:

Publish/Redact Module Maintenance 100 EA

S-IGR-3-OT-C-VIEWPRINT_M OPENTEXT

Brava! for Content Suite Server, All features, all formats with add-in:

Read only Module Maintenance 100 EA

S-DTWTAXWRKBENCH_M OPENTEXT Taxonomy Workbench Maintenance 50 EA

S-CSSDK_M OPENTEXT

Content Server SDK (version 10 and later) Maintenance 1 EA

S-IXS-PREMIER OPENTEXT

Ecosystem (SAP/Microsoft/Oracle) Solutions (Direct Sale Only) Premier Support 1 EA

S-LLRMSECURITY_M OPENTEXT

Livelink Security Clearance Module Maintenance 1 EA