Avoka_-_Justification_-_JOFOC.pdf

(4/2014)

Prescribed by DTAR Part 1006

DEPARTMENT OF THE TREASURY

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)/

BRAND NAME JUSTIFICATION

I recommend that the U.S. DEPARTMENT OF THE TREASURY use other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s):

1. DESCRIPTION OF SUPPLIES OR SERVICES

Purchase of: Professional Services to assist the OCC with upgrading the existing Avoka infrastructure. Professional Services to provide technical support during the MLR Avoka solution pilot and MLR data collection process which will make use of the MLR Avoka solution

Period of performance: July 1, 2016 through June 30, 2017

2. REQUISITION NO.

4. NAME(S) OF PROPOSED SOURCE(S)

Avoka (USA)

3. COST ESTIMATE

State one statutory authority for this procuremenet to be conducted under “other than full and open competition” procedures. Provide narrative justification associated with the respective authority in block number 15.

THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L. 98-369)

5.

X

41 USC 253(c)(1) – Only one responsible source; or brand name specification (FAR 6.302-1)

This authority shall be used in preference to the Public Interest justification. It shall not be used when any of the other circumstances is applicable.

6.

41 USC 253(c)(2) – Unusual and compelling urgency (FAR 6.302-2)

This authority applies in those situations where (1) an unusual and compelling urgency precludes full and open competition, and (2) delay in award of contract would result in serious injury, financial or other, to the Government. Note: The total period of performance under this authority is limited to the minimum contract period necessary to meet the requirements and to enter into another contract through the use of competitive precedures, and may not exceed one year unless the head of the agency entering into the contract determines that exceptional circumstances apply. The determination is in addition to the approval of the justification.

7.

41 USC 253(c)(3) – Industrial mobilization, engineering, developmental, or research capability; or expert services (FAR 6.302-3)

This authority applies when it is necessary to award the contract to a particular source or sources in order (1) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization, or (2) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center, or (3) to acquire the services or an expert for any current or anticipated litigation or dispute.

8.

41 USC 253(c)(4) – International agreement (FAR 6.302-4)

This authority may be used when the acquisition is to be reimbursed by a foreign country that requires the product to be obtained from a particular firm as specified in official written direction such as a Letter of Offer and Acceptance; or, when services are to be performed, or supplies are to be used in the sovereign territory of another country and the terms of a treaty or agreement specify or limit the sources to be solicited.

9.

41 USC 253(c)(5) – Authorized or required by statute (FAR 6.302-5)

This authority may be used when a statute expressly authorizes that the acquisition be made through another agency or from a specified source or the agency’s need is for a brand name commercial item for authorized resale. Note: While this statutory exception includes the small disadvantaged business 8(a) set-aside program, a JOFOC is not required for this type of procurement unless the amount exceeds $20 million.

10.

41 USC 253(c)(6) – National Security (FAR 6.302-6)

This authority may be used for any acquisition when disclosure of the Government’s needs would compromise national security. It will not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

11.

41 USC 253(c)(7) – Public Interest (FAR 6.302-7)

This authority may be used when none of the other authorities above apply. Individual justification, Secretarial approval, and Congressional notification 30 days before award of the contract are required.

12. JUSTIFICATION (ADD PAGES IF NEEDED)

A. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

Carahsoft Technology Corp. has provided Avoka Professional Services for the past three years. Avoka is the original implementor of the Office of the Comptroller of the Currency’s (OCC) Avoka infrastructure. Avoka professional service subject matter experts were used to train the OCC’s MLR developememtn team, and also co-developed the MLR Avoka solution. Although Carahsoft Technology Corp is intimately familiar with the infrastructure, security requirements, business requirements, implemented solution and criticality of the project, they are no longer resellers of the Avoka Products. The current contract with Carahsoft Technology Corp. expires on 5/31/16. This effort has been undertaken in order to continue to meet the needs of the OCC and the MLR stakeholders in an effective and efficient manner. As a result, Avoka (USA), Inc. will be able to continue the professional services utilized in the OCC environment.

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A GPE NOTICE WAS

OR WILL BE PUBLISHED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES.

A Request for Information was posted through Federal Business Opportunities to obtain potential candidates.

C. DEMONSTRATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR

AND REASONABLE

The price will be consistent with pricing on the GSA Federal Supply Schedule. GSA has determined prices to be fair and reasonable.

D. DESCRIBE THE MARKET SURVEY THAT WAS CONDUCTED AND THE RESULTS OF THAT

SURVEY. IF ACTIONS WERE TAKEN BY PROCUREMENT PERSONNEL TO SATISFY THIS

REQUIREMENT SUCH AS A GPE SOURCES SOUGHT SYNOPSIS, PLEASE SPECIFY.

An RFI was posted, and only one vendor submitted a replied. After evaluationg the vendor’s reply, it was determined that the vendor did not demonstrate the necessary capabilities to perform this work.

The MLR Avoka solution was specifically developed by Avoka for the OCC. ITS determined that Avoka is the only source capable of providing continued operation and maintenance for the MLR Avoka solution.

E. DESCRIBE ANY OTHER DOCUMENTATION TO SUPPORT THE JOFOC.

None

F. LIST SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION

None

G. LIST THE ACTIONS THE BUREAU WILL TAKE TO PROMOTE THE COMPETITION ON ANY

SUBSEQUENT ACQUISITIONS FOR SIMILAR SUPPLIES OR SERVICES

At this time no known sources have been identified to provide services.

H. STATEMENT THAT REQUIREMENT DOES NOT RESULT FROM A LACK OF PLANNING OR

THE EXPIRATION OF FUNDS.

This requirement does not result from a lack of planning or the expiration of funds.

REQUESTING OFFICE CERTIFICATION

I certify that the attached justification is accurate, and contains complete data necessary to support the recommendation for other than full and open competition.

13. REQUESTING OFFICE

REPRESENTATIVE (Name & Title)

Francisco Baldeon

(Signature)

(Phone No.)

(Date)

SMALL BUSINESS CERTIFICATION

I have conducted a search of vendor files, Central Contractor Registration (CCR), and the SBA’s Dynamic Small Business Search under the CCR System to locate potential offerors for this procurement. If any were found, a list is attached.

14. SMALL BUSINESS

SPECIALIST

(Name and Title)

Rhonda Trent

PROCUREMENT OFFICE CERTIFICATION

This requirement [ ] will, [ x ] will not, provide for a bridge contract I certify that this submission is accurate, and that it contains complete information necessary to enable Approving Officials to make an informed recommendation for approval or disapproval.

15. ASSIGNED CONTRACTING

OFFICER (Name)

Karen A. Green

16. COMPETITION REVIEW BOARD RECOMMENDATION (OPTIONAL)

[ ] APPROVE [ ] DISAPPROVE

ADDITIONAL APPROVALS

O

VE

R

$6

,0

17. BUREAU COMPETITION

ADVOCATE (Name & Title)

[ ] APPROVE

[ ] DISAPPROVE

O

R $1

2.

M

IL

LI

O

N

18. BUREAU HEAD OR

SENIOR EXECUTIVE

SERVICE DESIGNEE

(Name & Title)

O

R

$6 2.

M

IL

LI

O N

19. SENIOR

PROCUREMENT

EXECUTIVE (Name & Title)

NOTE: Each review must be preceded by lower level approval(s). e.g., over $62.5 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE

APPROVAL LEVEL.