Limiting-Competition-under-SAT_Redacted.pdf

Control No: 20-008:

Version – February 2017

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

1. Contracting Activity: Joint Interagency Task Force South NAS Key West, FL RCO-Key West

2. Description of Action: HEAT Ticket maintenance

Nature: New Requirement

Contract Vehicle: Purchase Order Number

Pricing/Contract Type: Fixed Price

Funds: Operations & Maintenance, Army (OMA) 2020

Name of Proposed Contractor(s) and Address:

IVANTI, Inc., Cage 3H7L4 698 W 10000 S Ste 500 South Jordan, Utah 84095-4054

Brand Name Buy: No

3. Description of Services or Supplies: JIATFS has a requirement for a firm fixed price contract for HEAT System Maintenance and Support. The Heat System is used to track all trouble calls put into Customer Service from all Users in the command. A HEAT Support agreement includes access to HEAT Software USA’s technical support desk via phone, email and online access along with the ability to upgrade to the latest release for the product software being used. In order to access this level of support JIATFS must renew the current HEAT subscription. Without this software the Customer Service Team would be unable to maintain accurate tracking of user problems efficiently and effectively..

Period of Performance: 21 Jan 2020 to 20 Jan 2021 Total Value: $ 15,000

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.

XX Exclusive licensing agreements

Control No:20-008:

5. Reasons for Authority Cited:

a. The proposed acquisition is particular to one manufacturer Ivanti, Inc. This particular product, or feature is essential to the Governments requirements. The Heat System is used to track all trouble calls put into the JIATFS Customer Service department.

b. As HEAT is currently installed and utilized on JIATFS systems, no other brand name and associated software subscriptions can be employed or modified to meet the Government’s needs. Additionally, although there are resellers of the HEAT software in the commercial market place, only IVANTI, Inc. (formerly HEAT Software USA) has proprietary ownership of HEAT software and can provide the type of HEAT subscription (which includes upgrades and patches) required. This was confirmed by a letter from IVANTI, Inc. dated 10 Aug 2017 noting their Sole Brand and Sole Source Status.

Therefore full and open competition cannot be used for this procurement as it is limited to support subscriptions from IVANTI, Inc.

c. Without this software the Customer Service Team at JIATFS would be unable to maintain accurate tracking of user problems efficiently and effectively. Renewal of the software subscription will keep the software current with upgrades and patches and provide technical support via the phone or web for software questions and issues

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 XX do not apply due to the $ threshold.

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)

XX Action is NOT a brand name restriction and is under $150K, no posting required

7. Market Research: Market research was conducted IAW FAR part 10, see market research report in file.

8. Other Facts: Current Maintenance and Support Agreement includes access to technical support desk via phone, email and online along with the ability to upgrade to the latest release for the product software being used. Site visits are not included in this maintenance and support coverage and would require additional fees through their professional services team. On 9 Dec 2019 the System of Award Management (SAM) was checked for IVANTI, Inc., Cage 3H7L4, current registration expiration is 09 Jan 2020 with no active exclusions.

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.

Signature: Typed Name: Ste e Boyce Date: 12/13/2019 Title: Systems Admin Supervisor, JIATFS J6

BOYCE.STEPHEN.AR Digitally signed by

Control No:

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 previous buys and experience Current Maintenance and Support Agreement includes access to technical support desk via phone, email and online along with the ability to upgrade to the latest release for the product software being used. Site visits are not included in this maintenance and support coverage and would require additional fees through their professional services team. On 9 Dec 2019 the System of Award Management (SAM) was checked for IVANTI, Inc., Cage 3H7L4, current registration expiration is 09 Jan 2020 with no active exclusions.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source 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.

Typed Name: Richard P. Hill Signature:

Date: 12/13/2019 Title: Supervisory Contract Specialist

HILL.RICHARD.

P.

Digitally signed by