J&A_-_Brand_Name_Justification_for_HighGear.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

HighGear QAMT PERPETUAL LICENSE RENEWAL AND SOFTWARE

MAINTENANCE/SUPPORT

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY:

DLA Distribution J7, 430 Mifflin Avenue, Suite 3102A, New Cumberland, PA 17070.

2. NATURE/DESCRIPTION OF ACTION/CONTRACT TYPE (INCLUDING ESTIMATED

VALUE AND PERIOD OF PERFORMANCE):

DLA Distribution J7 is proposing to issue an Indefinite Delivery Indefinite Quantity (IDIQ) contract to provide for annual basic support, software maintenance, and perpetual licenses for HighGear Quality Assurance Management Tool (QAMT) licenses for an ordering period of five (5) years. The licenses and software maintenance support are needed to sustain an existing HighGear QAMT IT infrastructure utilized by the DLA Distribution J7 Contract Quality Assurance Program Office (CQAPO), in addition to providing support to various agencies within the Defense Logistics Agency umbrella, to support the Contract Quality Assurance Program. The estimated value of this procurement is .

3. DESCRIPTION OF SUPPLIES/SERVICES:

This is a brand name requirement to acquire annual basic support, software maintenance, and perpetual licenses for HighGear licenses for an ordering period of five (5) years. HighGear is hosted with the Defense Information Services Agency (DISA). System Administration Support is provided by the DLA Distribution Information Technology community. The responsible vendor shall provide the following:

Software Maintenance Support for HighGear Quality Assurance Management Tool (QAMT) licenses - The Contractor shall:

• Provide program updates, fixes, security alerts and critical patch updates.

• Upgrade scripts.

• Provide major product and technology releases, which includes general maintenance releases, selected functionality releases, and documentation updates.

• Provide basic support for email initiated support requests during regular business hours.

• The Contractor shall be an authorized reseller of the software manufacturer.

• Provide software maintenance including troubleshooting and response to general questions

4. IDENTIFICATION OF STATUTORY AUTHORITY:

10 U.S.C. 2304(c)(1) Only One Responsible Source/a Limited Number of Responsible Sources and No Other Supplies or Services Will Satisfy Agency Requirements (FAR 6.302-1). This J&A satisfies the FAR 13.501(a)(2) requirement to justify a sole source acquisition being conducted.

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS:

Restriction of sources for this acquisition is justified in accordance with 10 U.S.C. 2304(c)(1). The requirement described in Paragraph Two above is a follow-on requirement for the continued provision of software maintenance and licenses needed to sustain an existing HighGear QAMT IT network infrastructure located throughout the DLA Distribution enterprise, as well as provide necessary support to other agencies within the DLA Distribution umbrella. The infrastructure is comprised of software unique to HighGear.

Through market research (See Paragraph Eight below), DLA Distribution J7 personnel have substantiated that only authorized HighGear QAMT product resellers may sell software, installation services, licenses, maintenance, and technical support needed by customers in the general public and Government using HighGear QAMT software. A very small part of this requirement calls for the vendor to provide as-needed basic responses to email-initiated support requests during regular business hours and a call-in number for limited software technical support in order to enable system functionality in the event DLA personnel experience difficulty uploading new software, updates, and/or patches. Furthermore, the HighGear QAMT product line is protected under copyright laws, which limit potential license providers to those authorized by the HighGear Original Equipment Manufacturer (OEM), Swift Software, Inc.

6. SYNOPSIS ANNOUNCEMENT/POTENTIAL SOURCES:

When procuring commercial supplies not to exceed $7 million Contracting Officers are authorized to use simplified acquisition procedures in accordance with FAR subpart 13.5. Furthermore, the use of simplified acquisition procedures in FAR part 12 allows the use of streamlined solicitation procedures as prescribed at FAR subpart 12.6. These streamlined procedures allow the Government to combine both the synopsis and solicitation in a single document. Therefore, the requirement will be publicized in accordance with FAR subpart 12.603(a) providing for a combined synopsis/solicitation.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The Contracting Officer, using price analysis technique(s) at FAR subpart 15.404-1(b), will make an affirmative fair and reasonable price determination.

8. DESCRIPTION OF MARKET RESEARCH:

In accordance with FAR Part 10, Market Research was performed by DLA Distribution J7 to arrive at the most suitable approach for the purchase of HighGear QAMT software maintenance and technical support.

Market research included: 1) a direct OEM inquiry with Swift Software, Inc. to determine the authorized HighGear resellers nationwide; and, 2) the examination of the authorized HighGear resellers on the General Service Administration (GSA) eLibrary and the NASA Solutions for Enterprise Wide Procurements (NASA SEWP) web sites (See paragraph 4 - Only One Responsible Source/a Limited Number of Responsible Sources and No Other Supplies or Services Will Satisfy Agency Requirements).

Resultant of the market research DLA Distribution J7 was able to conclude 1) the procurement of HighGear QAMT software maintenance and technical support are considered commercial items customarily sold, leased or licensed to the general public; and 2) competition exists amongst three (3) known authorized HighGear QAMT distributors.

9. OTHER SUPPORTING FACTS:

N/A.

10. LISTING OF INTERESTED SOURCES:

Authorized HighGear QAMT product resellers.

11. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION:

The Market Research performed indicates that as long as the existing HighGear QAMT is in use by DLA Distribution J7, only authorized HighGear QAMT product resellers will be capable of providing the required maintenance and technical support required to sustain HighGear QAMT products.

12. STATEMENT OF DELIVERY REQUIREMENTS:

The ordering period is not to exceed (NTE) five (5) years after contract award.

13. TOTAL ESTIMATED DOLLAR VALUE OF THE ACQUISITION(S) COVERED BY THIS

J&A.

The total estimated dollar value for this effort is

J&A ENDORSEMENT

TECHNICAL/REQUIREMENTS PERSONNEL CERTIFICATION – FAR 6.303-2(b)

I certify that the facts and representations under my cognizance which are included in this justification and its supporting acquisition plan which form a basis for this justification are complete and accurate.

Technical Cognizance:

(Requirements originator)

Name and Title Phone Date

CONTRACTING OFFICER CERTIFICATION – FAR 6.303-2 (a)(12) (Note: Pursuant to FAR 6.304(a)(1), this certification also serves as approval of J&A’s not exceeding $700,000.)

I certify that this justification, including its supporting acquisition plan is accurate and complete to the best of my knowledge and belief.

Name and Title Signature Phone Date

LEGAL REVIEW

The foregoing J&A has been reviewed for legal sufficiency.

APPROVAL OF THE JUSTIFICATION – FAR 6.304