SAP Limited Source Justification_Redacted.pdf

Document Number:

(This is only applicable to acquisitions under the Simplified Acquisition Threshold. Acquisition using

FAR Subpart 13.5 shall follow the special documentation requirements at FAR 13.501.)

USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Provide software maintenance, and technical support for existing software

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X__ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. _X__ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

WASP AssetCloudOP Complete Software identified in Table (1) was purchased through

HITECH as an authorized distributor of WASP BARCODE SOLUTIONS. HITECH has created a customized software for use by the Government, using WASP BARCODE SOLUTIONS software.

HITECH owns all property rights to the software.

Software Invoice No.

WASP AssetCloudOP Complete Software 1 Server with

155 Total Users – Production System

155894

WASP AssetCloudOP Complete Software 1 Server with

155 Total Users – Test Server

155897

Table (1) HiTech Business Systems WASP Software Known Invoices

2. _X__ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

The Software is manufactured by WASP Barcode Technologies, and modified then distributed by

Hi-Tech Business Systems. The software modification also falls under the exclusive licensing agreement. Two copies of the software have been purchased and are covered within the SOW;

the software information is in Table (1). The software maintenance contract must be a sole source to the distributor due to the software modification. The OEM retains ownership of the software distributed through authorized dealer HITECH, and Portsmouth Naval Shipyard owns the license to use the software. This is a standard software agreement upon purchase. The licensing agreement is attached.

POC: Bryan Meehan Sr

Address: 8098 Sandpiper Circle Suite F

Nottingham, MD 21236

Phone: 410-574-7800

3. ___ OTHER REASONS. Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. ___ BRAND NAME. Item required must be a brand name product, or feature of a product, particular to one manufacturer. Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

C. ___UNUSUAL AND COMPELLING URGENCY. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

4. If appropriate, include any additional pertinent information:

IV. CERTIFICATIONS/APPROVALS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone # Date

B. Contracting Officer Approval:

Signature Name (Printed) / Phone # Date