NETBOSSSOLESOURCERedacted.pdf

Control No. 15-131

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $650K)

1. Agency/Contracting Activity: 411th Contracting Support Brigade, Korea, ATTN: CCEC-KOY- SA, Unit #15289, APO AP 96205-5289

2. Description of Action:

Nature: New Requirement X Follow-on Requirement

Mod to Existing Purchase Order/Contract Number

Pricing: X Firm-Fixed Price Time & Materials Cost

For Hybrid Contracts, list percentage of each type of pricing:

Firm Fixed Price:

Time & Materials:

Cost:

Funds: X Operations and Maintenance, Army (OMA) Other Funds:

Fiscal Year of Funds: 2015

Name of Proposed Contractor(s): NetBoss Technologies, Inc.

Street Address: 10305 102nd Terrace City, State, Zip: Sebastian, FL 32958 Phone: 772-618-4225

3. Description of Services or Supplies:

The total estimated value of the proposed action is $126,100.00

The purchase is for NetBoss Software Maintenance (24/7) Managed IT Premium for use on all 1st Signal Brigade Network equipment installed and fielded throughout Korea.

Product Description Part No.

NETBOSS

Software Maintenance NetBoss Manage IT, Premium (24/7), 12 Months, Performance of Period (PoP): 30-SEP-2015

THROUGH 29-SEP-2016

NBM-M-SP-12

4. Authority: (Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following, but other exceptions may be used.)

Action using simplified acquisition procedures (select one):

X FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g. urgency, exclusive licensing agreements, brand name, or industrial mobilization)

5. Reasons for Authority Cited: United States Forces Korea (USFK) requires network monitoring and management software to manage & monitor all of the 1st Signal Brigade microwave equipment installed and fielded throughout USFK. This microwave monitoring and management software was specifically developed for the 1st Signal Brigade’s microwave equipment and is 1st Signal Brigade’s only method in managing and monitoring our microwave equipment across the Korea Theater of Operations. NetBoss is the proprietary network management system for the Harris Megastar 155 OC3 Digital Microwave Radio System that has been fielded in Korea for the past 15+ years. There is no other management platform that can manage the microwave radio since it does not use the standard Simple Network Management Protocol (SNMP).

6. Actions to Increase Competition: Competitors would have to develop custom software to manage the current microwave radios and associated equipment. In the short term, there are no additional actions that can be taken to increase competition since the microwave equipment is still in place and operational. Market surveillance will be conducted for future acquisitions of network equipment to determine if it is possible to reduce the duplicative costs or unacceptable delays that would result from any acquisition of a different configuration. In addition, we will continue to evaluate all equipment to use equal items in the future.

7. Market Research: Due to the current equipment there are limitations placed on the configuration capabilities. NetBoss Technologies, Inc. is the only source that can be utilized to meet this particular requirement. In addition, the contractor, in a written letter, dated 10 August 2015, confirmed they are the only vendor that can offer the certified maintenance support to maintain the warranty for our existing system as NetBoss does not certify outside maintenance support.

8. Procurement History:

Previous Purchase Order(s) or Contract(sX Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: W91QVN-13-C-0076 & W91QVN-14-P-188 Was action competed Yes X No If action was not competed, state the cited authority, summarize rationale: 10 U.S.C.

2304(c)(1), as implemented by FAR 6.302-1

9. Additional Information to support the justification. This vendor is the only source for the NetBoss software and 1st Signal Brigade’s microwave equipment would not be able to operate without

it. The microwave trunks perform a critical function in support of USFK and 8th Army armistice and contingency operations and are necessary to ensure the equipment is functional and operational.

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By: Mr. Michael Hemming Position Title:

Email address: Michael.a.hemming.civ@mail.mil

Signature:_________________

Date:_____________________

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the government for this contract action will be fair and reasonable. Basis for the determination will be comparison with previous local purchases and prices offered in the market to other customers:

The same software maintenance was purchased the previous two (2) years and the price has remained the same.

W91QVN-13-C-0076, CLIN 0002, Software Maintenance, NetBossManage IT, $126,100.00 W91QVN-14-P-0188, CLIN 0001, Software Maintenance, NetBossManage.IT, $126,100.00

In addition, an invoice was received for a similar purchase that was made from NetBoss to another federal customer in the United Arab Emirates for a similar version of software for $160,902.36 although this version included a few additional modules. Invoice #: INV-01089, Invoice date:

01/01/2015, for NetBossClassic which is synonymous with NetBossManageIT.

12. Review (if value exceeds $150K): N/A

13. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE: DATE:

NAME: JOHN M. HABERLACH

TITLE: Procuring Contracting Officer