SSJ_Experian_Redacted.pdf

SOLE SOURCE JUSTIFICATION (SSJ)

UNDER THE COMMERCIAL ITEMS TEST PROGRAM

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Agency:

Contracting Office:

Contracting Officer (CO):

Program Office:

Contracting Officer’s

Technical Representative:

Project Title:

Project APP#: Proposed

Contractor: Tracking

Information:

Social Security

Social.Security Administration

Office of the Deputy Commissioner for Budget, Finance, Quality, and Management

Office of Acquisition and Grants

Office of Information Technology Acquisition

Division of IT Software & Maintenance

Jane Quinn (410) 965-9494

Office of the Deputy Commissioner for Systems Office of

Operations and Hardware Engineering Office of Hardware

Engineering Division of Resource Management and

Acquisition

Justin Herman (877) 586-6650 x25309

License Grant and Maintenance for Experian NameSearch

Software

OTSO-16-313V1

Experian Marketing Solutions Inc.

Advanced Procurement Plan (APP)# : OTSO-16-313V1

Relevant current/previous order #: SS00-16-50026

2. NATURE OF ACTION BEING APPROVED

Type of Action:

New award

X Modification of existing award, number SS00-16-50026

Contemplated Contract Type:

X Firm-fixed price, Time and materials/labor hour

Combination

We seek approval of a SSJ to obtain the following:

X Expansion of mainframe software licensing grant required for compliance with the

Office of Child Support and Enforcement (OCSE). Since commercial mainframe software companies commonly license software based on the user of the mainframe hardware on which SSA installs software, SSA is responsible for expanding the mainframe software grant to satisfy the licensing requirements set forth by a SSA

Reimbursable Agreement.

3. DESCRIPTION OF SUPPLIES/SERVICES AND ESTIMATED VALUE

Estimated Cost: $304,352.32

This software is used to search the mainframe Files online to: find names that have insertions, deletions, substitutions and reversal of letters; find names without an employer identification number (EIN) or Social Security number; identify names as the correct number holder; and reinstate names to the original File.

The software publisher, Experian, requires that we purchase additional mainframe licensing in order to remain in compliance with our licensing agreement. Commercial mainframe software companies commonly license software based on the user of the mainframe hardware on which we install software, we are responsible for expanding the mainframe software grant to satisfy the licensing requirements set forth by our contract with Experian. We cannot continue to provide data to the Office of Child

Support and Enforcement (OCSE) unless we purchase this additional licensing.

The maintenance subscription for Experian’s NameSearch software includes updates, fixes and patches, as well as online and telephone technical support, allowing the software to remain operational 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— “Test Program 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 13.500.

The basis for restricting competition is:

(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

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS

Experian Marketing Solutions Inc., is the copyright holder for NameSearch software. Only Experian has the right to issue an expanded license grant for this software. Software maintenance includes a subscription to version upgrades, updates, fixes and patches, as well as telephone support for resolving issues.

Continued maintenance of this software 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. Without maintenance, there is potential for major workload disruption. Experian Inc. provides patches and technical assistance necessary to support SSA’s mission. Any interruption to maintenance can severely affect the agencies service to the public.

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

PRACTICABLE

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

X FedBizOpps Synopsis of Proposed Contract Action posted from 05/31/2016 to 06/17/2016, and a copy is included in the contract file.

Responses received listed under item 10 below.

X 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

See Section 6 above.

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

Additionally, We used market research conducted within 18 months of the anticipated award date.

Therefore, we consider the information still current, accurate, and relevant.

When examining whether this is a requirement for Commercial vs Non-Commercial items, market research helped determined that this requirement involves

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).

X Market research helped determine

_X_ Customary practices regarding customizing, modifying or tailoring of items to meet customer needs and associated costs;

_X_ 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;

X_ 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).

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

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.contractdirectorv.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.

(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 https://www.contractdirectorv.gov/contractdirectory/

9. ANY OTHER SUPPORTING FACTS

Experian Marketing Solutions Inc. is not known to have any authorized resellers.

Upon selection of an awardee, the CO will make a responsibility determination in accordance with FAR 9.104.

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.

CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE

(COTR) AND PROGRAM OFFICIALS’ RECOMMENDATION

AND CERTIFICATION

The COTR and other program officials hereby certify that the information provided in support of the sole source justification, and which forms the basis for this justification, is accurate and complete.

RECOMMEND:

Justin Herman

COTR

Information Technology Contracts Branch (ITCB)

Division of Resource Management and Acquisition (DRMA) Office of Hardware Engineering (OHE)

Office of Operations and Hardware Engineering (OOHE) Office of the Deputy Commissioner for Systems (DCS)

CONCUR:

4/12/16

Date

Anthony W. Denikos, Chief ITCB, DRMA, OHE, OOHE, DCS

CERTIFICATION BY THE CONTRACTING OFFICER AND OTHER CONTRACTING

OFFICIALS

The contracting officer and other contracting officials hereby certify that the information provided in support of this justification for other than full and open competition is accurate and complete to the best of their knowledge and belief.

RECOMMEND: ' 06/21/2016

Sean Gahagan Date

Division of IT Software & Maintenance (DITSM) Office of

Information Technology Acquisition (OITA) Office of

Acquisition and Grants (OAG)

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Jane M. Quinn

Contracting Officer

DITSM, OITA, OAG

CONCUR: 06/22/2016

06/22/2016

APPROVE:

Christian Hellie

Director, OITA, OAG