SSJ_Help_Systems_LLC_R.pdf

SOLE SOURCE JUSTIFICATION (SSJ)

UNDER THE SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY

Agency: Social Security Administration

Contracting Office: 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

Program Office: Office of the Deputy Commissioner for Systems

Office of Systems Operations and Hardware

Engineering

Office of Hardware Engineering

Division of Resource Management and Acquisition

Project Title: Maintenance for HelpSystems Vulnerability Assessment and Bytware Software

Proposed Contractor: Help Systems, LLC

Tracking Information: Advanced Procurement Plan (APP) #: OTSO-17-314D0

Relevant current/previous order #: SS00-16-50015 and

SS00-16-50091

2. NATURE OF ACTION BEING APPROVED

Type of Action:

__X_ New award

Contemplated Contract Type:

__X_ Firm fixed-price

We seek approval of a SSJ to obtain the following:

__X_ Maintenance of HelpSystems Vulnerability Assessment and Bytware software/hardware manufactured by HelpSystems, LLC.

We will solicit a proposal and award a single firm-fixed-price award to HelpSystems, LLC for a one-year period.

3. DESCRIPTION OF SUPPLIES/SERVICES AND ESTIMATED VALUE

The Office of Systems Operations & Hardware Engineering (OSOHE) must continuously improve auditing and monitoring on the iSeries platforms connected to the Social Security

Administration (SSA) network. To improve the capacity to better audit, monitor and manage system activity incidents, SSA purchased and implemented CM, which is a commercial-off-the-shelf (COTS) automated iSeries Vulnerability Assessment Tool with the ability to audit and report on all AS400 iSeries systems connected to the SSA network.

The Division of Information Systems Security Administration and Operations (DISSAO) uses CM to audit and monitor the AS400 iSeries systems vulnerabilities. CM simplifies the task of reporting against system configuration and user activity. This ensures that all iSeries systems comply with OSOHE security policies.

The maintenance subscription for HelpSystems Vulnerability Assessment and Bytware

Software Updates, Upgrades, Fixes and technical support 8:00am – 6:00pm; Coverage:

Monday – Friday.

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 13.500.

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

_X__ (1) Unique supplies or services available from only one source or only one supplier with unique capabilities

____ (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

HelpSystems, LLC is the copyright holder for HelpSystems Vulnerability Assessment and

Bytware software. Only HelpSystems, LLC. has the right to issue an enterprise license for this software. HelpSystems, LLC sells directly to the government and requires agencies to purchase directly through them, since only they 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. Without the current virus signature files, the data processed on the iSeries computers is subject to attack viruses. Corruption or compromise of this data can lead to serious problems for SSA and the various State DDS offices that rely on it. It is critical that this is renewed in a timely manner so the existing license keys do not expire before new keys are procured. Any delay could impact the functions of the automated disability case processing in the DDS offices.

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

PRACTICABLE

__X_ FedBizOpps Synopsis of Proposed Contract Action posted from 09/20/2016 to 10/17/2016, and a copy is included in the contract file.

_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 HelpSystems, LLC is the copyright holder of this software; therefore, the only known source capable of providing the required software and maintenance is

HelpSystems, LLC.

Additionally, _X__ We used market research conducted within 18 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).

9. ANY OTHER SUPPORTING FACTS

HelpSystems, LLC sells directly to the government. There are no 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.