Sole Source Justification_Intercope_Redacted.pdf

Contemplated Contract Type:

_X__ Firm fixed-price ____ Time and materials/labor hour ____ Combination

We seek approval of a SSJ to obtain the following:

____ Expansion of mainframe software licensing required for compliance with our license agreement, due to agency mainframe hardware capacity increases.

Since commercial mainframe software companies commonly license software based on the capacity of the mainframe hardware on which we install software, we are responsible for expanding our mainframe software licenses commensurate to the hardware capacity each time we upgrade mainframe hardware.

_X__ Maintenance of Message Plus Open Fax Software manufactured by Intercope.

We will solicit a quote and award a single firm-fixed-price award to any authorized reseller of MPO Fax Software for a one-year period. This acquisition will be solicited via the Open Market utilizing the procedures of FAR 13.5 in accordance with 41 U.S.C. 1901.

3. DESCRIPTION OF SUPPLIES/SERVICES AND ESTIMATED VALUE

Estimated Value:

The Social Security Administration (SSA) requires continued maintenance of an SSA-owned, proprietary MPO software package from Intercope. The Intercope MPO fax software licenses are currently housed on servers located in the Secondary Support Center, National Support Center, and Perimeter East Building. The software licenses are used for sending faxes from SSA to the various Disability Determination Sites and other SSA sites. This software supports connections to digital and analog phone lines. It provides the capability to receive and send documents to network drives using universal naming convention (UNC). It allows simultaneous transmission and receipt of multiple faxes, and supports batch queuing of outgoing faxes. Additionally, the software provides management of administrative functions from a central location.

The maintenance subscription MPO allows SSA access to the latest changes and security patches, and allows the software to continue to operate in a changing environment.

4. IDENTIFICATION OF STATUTORY AUTHORITY PERMITTING OTHER

THAN FULL AND OPEN COMPETITION

41 U.S.C. § 1901, as implemented by the Federal Acquisition Regulation (FAR) 13.5— “Simplified Procedures for Certain Commercial Items.”

The acquisition is “commercial” in nature, as defined at FAR Section 2.101, and will be solicited using FAR Part 12, as well as the procedures outlined at FAR 13.106-1(b)(1)(i) (i)

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).

The basis for restricting competition is that a reasonable basis exists for concluding that the agency’s minimum needs can only be satisfied by:

____ (1) Unique supplies or services available from only one source or only one supplier with unique capabilities _X__ (2) The existence of limited rights in data, patent rights, copyrights, or secret processes; the control of basic raw material; or similar circumstances, make the supplies and services available from only one source

Please note:

____ (Name of company) is the only Open Market authorized provider of Software

Company Inc. licenses and maintenance subscription.

_X__ There are several authorized Open Market resellers of Intercope licenses and maintenance subscriptions.

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS

Intercope is the copyright holder for MPO. Only Intercope has the right to issue an enterprise license for this software. Furthermore, while Intercope does not sell directly to the government, the company requires agencies to purchase through authorized resellers, since Intercope and its authorized resellers have legal access to the proprietary source code necessary to provide software maintenance. Software maintenance includes a subscription to version upgrades, updates, fixes and patches, as well as telephone support for resolving issues.

Continued maintenance of these products is essential. Access to upgrades, updates, and fixes and patches ensures software continues to be compatible with the operating system and is in good working order.

6. EFFORTS MADE TO SOLICIT FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICABLE

__X_ FedBizOpps Sources Sought/Request for Information was not posted due to this acquisition being for a follow-on subscription renewal/maintenance.

____ FedBizOpps Sources Sought posted from XX/XX/XXXX to YY/YY/YYYY, and a copy is included in the contract file.

____ FedBizOpps Synopsis of Proposed Contract Action posted from XX/XX/XXXX to YY/YY/YYYY, and a copy is included in the contract file.

____ Responses received listed under item 10 below.

____ No responses received.

Based on the results of the posting, as well as market research described in item 8 below, we do not believe there are any entities other than authorized resellers with similar capabilities at this time.

7. DETERMINATION BY THE CO THAT THE ANTICIPATED COST TO THE

GOVERNMENT WILL BE FAIR AND REASONABLE PRICE

In accordance with FAR Part 15.404, the CO will perform a final price analysis in order to determine the eventual awardee’s proposed price is fair and reasonable.

8. DESCRIPTION OF MARKET RESEARCH

These software products are proprietary products licensed to the agency. Market research has confirmed that Intercope is the copyright holder of this software; therefore, the only known source capable of providing the required software and maintenance is Intercope and its authorized resellers.

Additionally, _X__ We used market research conducted within 12 months of the anticipated award date. Therefore, we consider the information still current, accurate, and relevant.

_X__ When examining whether this is a requirement for Commercial vs Non-

Commercial items, market research helped determined that this requirement involves _X__ A) Items of a type customarily available in the commercial marketplace;

____ B) Items of a type customarily available in the commercial marketplace with modifications; or ____ C) Items used exclusively for governmental purposes (i.e. not commercially available).

____ Market research helped determine ____ Customary practices regarding customizing, modifying, or tailoring of items to meet customer needs and associated costs;

____ Customary practices, including warranty, buyer financing, discounts, contract type considering the nature and risk associated with the requirement, etc., under which commercial sales of the products or services are made;

____ Requirements of any laws and regulations unique to the item needed;

____ Availability of items that contain recovered materials and items that are energy efficient;

____ Distribution and support capabilities of potential suppliers, including alternative arrangements and cost estimates; and ____ Size and status of potential sources (see FAR Part 19).

_X__ Techniques for conducting market research include any or all of the following:

_X__ (i) Contacting knowledgeable individuals in government and industry regarding market capabilities to meet requirements.

____ (ii) Reviewing the results of recent market research undertaken to meet similar or identical requirements.

____ (iii) Publishing formal requests for information in appropriate technical or scientific journals or business publications.

____ (iv) Querying the government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at https://www.contractdirectory.gov/contractdirectory/ and other government and commercial databases that provide information relevant to agency acquisitions.

____ (v) Participating in interactive, on-line communication among industry, acquisition personnel, and customers.

____ (vi) Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources.

_X__ (vii) Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line.

____ (viii) Conducting interchange meetings or holding presolicitation conferences to involve potential offerors early in the acquisition process.

____ Additional information, sources, comments

9. ANY OTHER SUPPORTING FACTS

Intercope does not sell directly to the government, instead making products available through authorized resellers.

Presently the most efficient and effective approach known to the government is to continue to use Intercope MPO as a software solution and renew maintenance, as replacing our current Intercope suite of software products with other software products

• May be technically impossible in some instances;

• Will require running dual programs and applications that may interfere with integrated network management and data exchange;

• Will take time, we estimate up to several years, to replace currently installed software effectively, which will of necessity require not just installation of the software, but also extensive re-training of staff

While the agency has not ruled out replacing the software at some point in the future, the time, expense, and performance risk to the agency of implementing a replacement must be factored into our long term IT modernization plans. Therefore, it is determined to be in the best interest of the government not to pursue such a replacement undertaking at this time.

In accordance with FAR 4.1102, 4.1201, and 9.401, upon selection of an awardee, the CO will examine the System for Award Management in order to make an affirmative determination of the contractor’s responsibility.

10. LIST OF SOURCES EXPRESSING INTEREST IN THE ACQUISITION IN

WRITING

No other sources have expressed an interest in this acquisition.

11. ACTIONS AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS TO

COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION IS REQUIRED

We will continue to survey the market place by synopsizing our requirement and reviewing product literature and capability statements submitted by the vendor community.

Competition Advocate Review Board (CARB)

Project Title: Maintenance for Intercope Message Plus Open (MPO) Faxing Software

Estimated Amount:

Review and discussion occurred: Electronically

For a

__ Limited Source Justification (LSJ)

_X_ Sole Source Justification (SSJ)

__ __Justification for an Exception to Fair Opportunity (JEFO)

CARB Panel Members