Limiting-Competition-under-SAT_ACC_Domino_Redacted_rev1.pdf

Control No:

Version – February 2017 FOR OFFICIAL USE ONLY

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Maintenance and Support of Application Management

2. Description of Action: United States (U.S.) Army Legal Services Agency (USALSA), Office of the Judge Advocate General (OTJAG) requests a Firm-Fixed-Price (FFP) Contract for Maintenance and Support of Application Management herein after referred to as HCL Domino software subscription and support renewal. In accordance with the Acquisition Army Federal Acquisition Regulation 5139.101-90 the Army’s Computer Hardware, Enterprise Software and Solutions (CHESS) program, under the Program Executive Officer Enterprise Information Systems, is the mandatory source for commercial information technology (IT) hardware and software purchases. A CHESS Statement of Non-Availability (SONA) was approved on July 15, 2019 and an Information Technology Approval System (ITAS) waiver was approved on August 2, 2019. Projected award is September 2019 and Fiscal Year 2019 Operations and Maintenance (OMA) funds will be used.

Nature: New Requirement:

Contract Vehicle: Purchase Order Number: To Be Determined Upon Award.

Pricing/Contract Type: Fixed Price

Funds: Operations & Maintenance, Army (OMA)

FY: _19_____

Name of Proposed Contractor(s) and Address:

TBD

Brand Name Buy: Yes

3. Description of Services or Supplies: USALSA OTJAG has a re-occurring requirement for HCL Domino software licensing and maintenance. This contract action is for the procurement of annual maintenance needed for updates, upgrades, and service support.

The OTJAG utilizes HCL Domino software as the development platform for OTJAG’s application and database solutions. HCL Domino is a platform for hosting applications and provides the background for the used by the OTJAG in its daily operations. Licensing and maintenance for this proprietary software can only be provided by the Original Equipment Manufacturer (OEM), HCL, or an authorized dealer.

Base Period: One year from date of award Value:

Total:

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

5. Reasons for Authority Cited:

Although there are similar products available through other manufacturers, the HCL Domino software platform is only available from HCL and its authorized dealers. In the absence of HCL Domino software, USALSA OTJAG n addition, HCL Domino software currently has a valid Certificate of

Networthiness (CoN) issued by the U.S. Army Network Enterprise Technology Command (NETCOM) and Headquarters, Department of the Army (HQDA). A CoN is required in order for software to reside on the Army computer network. If USALSA OTJAG were to use a new software platform the software would be required to go through the same NETCOM approval process to receive a CoN. This would leave USALSA OTJAG without the required platform that provides the background for the for a period of time until a decision is made by NETCOM whether or not to issue a CoN.

There is no other compatible software that would fulfil the requirements and no alternatives exist. The Government would lose a if maintenance was not provided on the software already procured and utilized by the legal community.

If any other development software were used, To switch operational platforms would set the government back

As previously stated, the current operational platform currently hosts and provides the background for over that are used by OTJAG in its daily operations. A change to the operational platform would mean re-development of the applications currently in use. Each application would take an average of to develop for a new platform. In addition each application would take to be tested for use with the operational platform, tested to interact with network, and provided a CoN for use in the JAGCnet. In addition to the applications, a new development platform would also need to be vetted and approved to be on the network. Prior to deployment into the JAGCnet a new platform would require interoperability testing with all of the applications currently hosted on the platform and the network. The testing and CoN approval requirements of a new development platform requires at a Lastly, deployment of each application and the platform would require an average of Award to any other source would result in unacceptable delays in delivery of the required software and associated support. The loss of this platform and applications will performed by OTJAG in support of its customers.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 will be followed. Use of combined synopsis and solicitation procedures will be utilized.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

7. Market Research: Market research was conducted 4 July 2019 – 25 July 2019 by contacting vendors, using internet tools to perform web searches, reviewing vendor websites and Government acquisition websites, including, FedBizOpps, GSA, GSA Advantage Online, CHESS, and DoD ESI.

arket research revealed that licensing and maintenance for proprietary software can only be provided by the OEM, HCL, or an authorized dealer. The Department of Defense (DoD) Enterprise Software Initiative (ESI) Blanket Purchase Agreement (BPA) was reviewed to determine if this vehicle could support the contract action.

The CHESS Software (SW) Contract was also reviewed for the required software;

however the part numbers are not available from vendors on the CHESS SW multiple award contracts. In accordance with the Acquisition Army Federal Acquisition Regulation 5139.101-90 the Army’s program, under the Program Executive Officer Enterprise Information Systems, is the mandatory source for commercial information technology (IT) hardware and software purchases. Taking the aforementioned into consideration a CHESS Statement of Non-Availability (SONA) was approved on July 15, 2019 and an Information Technology Approval System (ITAS) waiver was approved on August 2, 2019.

Secondly, the General Services Administration (GSA) was reviewed and the market research results found that this software was not available.

The following vendors were researched and found to offer the required software on the open market:

8. Other Facts:

a. Procurement History:

DABL01-03-A-1006 2T23- ImmixTechnology, Inc.

Method of procurement: Brand name.

Contract type: Firm-fixed-price.

Delivery requirements: Electronic delivery to customer.

Total awarded amount:

Number of option periods: Two.

Number of Offerors: Two (Immix; Four).

Source Selection Method: Lowest priced technically acceptable.

Basis for fair and reasonable pricing: Independent government cost estimate, past procurement history.

W9124P-15-P-0042 - ImmixTechnology, Inc.

Method of procurement: Brand name.

Contract type: Firm-fixed-price.

Delivery requirements: Electronic delivery to customer.

Total awarded amount: .

Number of option periods: None.

Number of Offerors: Three (Immix; Microtech).

Source Selection Method: Lowest priced technically acceptable.

Basis for fair and reasonable pricing: Independent government cost estimate, past procurement history.

DABL01-03-A-1006 D872- ImmixTechnology, Inc.

Method of procurement: Brand name.

Contract type: Firm-fixed-price.

Delivery requirements: Electronic delivery to customer.

Total awarded amount:

Number of option periods: None.

Number of Offerors: Two (Immix; IBM).

Source Selection Method: Lowest priced technically acceptable.

Basis for fair and reasonable pricing: Independent government cost estimate, past procurement history.

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Contracting Officer Certification/Approval: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon utilizing a price analysis, IGE, and competition.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a brand name buy is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.