W91278-15-C-0013JAsigned.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: U.S. Army Corps of Engineer (USACE), Mobile District (CESAM), 109 St. Joseph Street, Mobile, Alabama 36604-0001.

2. Description of Action: A new firm-fixed price (FFP) contract is contemplated for the renewal of the existing Resolver Governance, Risk, and Compliance (GRC) Cloud Software Maintenance, Licenses and User Support agreement. The contract will be fully funded using civil funds. The estimated contract value is $188,700.00.

3. Description of Supplies/Services: Provide Software Maintenance, Licenses and User Support for the Army Corps of Engineers Compliance Monitoring and Enforcement Program (ACE-CMEP) North American Electric Reliability Corporation (NERC) compliance software. This maintenance includes full support and all associated software updates for the Resolver GRC Cloud software application, which is non-commercial software. The Contractor shall provide all software updates, maintenance, associated user licenses, and/or technical support for the Resolver GRC Cloud Compliance Management Software (CMS) application. The Contractor shall provide for the bulk digital downloading and updating of the CMS database with new and/or changes to the Federal Energy Regulatory Commission (FERC), NERC, and approved Regional Entity Reliability Standards. The cost is estimated to be $188,700. Proposed contractor is:

Business Propulsion Systems (BPS), Inc., New York, NY 10006.

4. Authority Cited: The statutory authority permitting acquisition of the requirement by other than full and open competition is 10 U.S.C. 2304 (c)(1) as implemented by FAR 6.302-1 (c) (1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited: This licenses renewal is for the ACE-CMEP NERC Compliance Management Software that was purchased through full and open competition.

BPS was the successful bidder and was awarded contract #W9127N-13-C-0012 to develop the ACE-CMEP NERC Compliance Management Software application for the Army Corps of Engineers. The ACE-CMEP NERC Compliance Management Software application was developed using the Resolver GRC Cloud software platform. Resolver GRC Cloud is the proprietary software platform developed by BPS. BPS owns the intellectual property rights and source code rights for Resolver GRC Cloud; these rights are not transferable to other vendors without the expressed written permission of BPS. All software updates and service must interface with the existing ACE-CMEP NERC Compliance Management Software application. There are no other Vendors that can offer these services to maintain the existing ACE-CMEP NERC Compliance Management Software application.

6. Efforts to Obtain Competition: A Special Notice of this proposed contract action was synopsized as required by FAR 5.201 (b) (1) (i) and FAR 6.302-1(d) (2). The Special Notice was published in Federal Business Opportunities website (FedBizOpps) on 18 July

2015 for interested parties. No interest was received in response to the Special Notice. No other actions have been taken to obtain interest in this requirement.

7. Actions to Increase Competition: The required work was synopsized on FedBizOpps.

See paragraph 6.

8. Market Survey: Market research was conducted. See paragraph 6.

9. Interested Sources: There was no response to the Government’s FedBizOpps notice referenced in paragraph 6.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history.

(1) Contract number and date of the last several awards.

a. W9127N-13-C-0012 - 19 JUL 2013

b. W91278-14-P-0199 - 15 AUG 2014

(2) Competitive status of these actions. N/A

(3) Authority previously used for less than full and open competition. N/A

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. N/A

(5) If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances. N/A

(6) An explanation of any unusual patterns which may be revealed by the history, e.g., several consecutive, urgent buys. N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes. N/A

b. Acquisition data availability. N/A

c. Subcontracting competition. N/A

11. TECHNICAL 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.

Digitally signed by

WILLIAMS.DAVID.R.1230771169

Date: 2015.08.06 07:37:38 -05'00'

06 AUG 2015

David R. Williams Date Chief, Hydropower Test Unit

12. 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.

Digitally signed by

WILLIAMS.DAVID.R.1230771169

Date: 2015.08.06 07:37:51 -05'00'

06 AUG 2015

David R. Williams Date Chief, Hydropower Test Unit

13. FAIR AND REASONABLE COST DETERMINATION:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Fair and reasonable cost will be derived by evaluation of Business Propulsion Systems, Inc., New York, NY 10006 proposal against that of the government estimate.

6 Aug 2015

Jason Johnston Date Section Chief, Supplies and Services Branch

14. PROCURING CONTRACTING OFFICER CERTIFICATION:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

6 Aug 2015

Jason Johnston Date Section Chief, Supplies and Services Branch

Digitally signed by JOHNSTON.JASON.C.1399389085 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JOHNSTON.JASON.C.1399389085 Date: 2015.08.06 16:20:25 -05'00' Adobe Acrobat version: 11.0.12

Digitally signed by JOHNSTON.JASON.C.1399389085 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=JOHNSTON.JASON.C.1399389085 Date: 2015.08.06 16:20:32 -05'00' Adobe Acrobat version: 11.0.12

15. BUSINESS OVERSIGHT REVIEW:

I have reviewed this J&A and certify that it complies with all applicable policies and procedures. This J&A is accurate and complete to the best of my knowledge and belief.

Charlotte Hofstetter Date Chief, Business Operations Branch Mobile District

APPROVAL

Based on the foregoing justification, I hereby approve the above stated procurement on an other than full and open competition basis pursuant to the authority of 10 U.S.C. 2304(c)(1) as implemented by FAR 6.302-2, subject to availability of funds and provided that the services and property herein described have otherwise been authorized for acquisition.

JEFFERY D. BURGESS Date District Contracting Division Chief Mobile District, Directorate of Contracting