WBR 1413.106-1_Template 1 Determination to SS.pdf

Solicitation Number: 140R8121Q0086 Page 1 of 2

WBR 1413.106-1 Template 1 (11/2020)

DETERMINATION TO SOLICIT FROM A SINGLE SOURCE

Pursuant to Federal Acquisition Regulation (FAR) 13.106-1(b)(1)(i), for purchases not exceeding the Simplified Acquisition Threshold (SAT) Contracting Officers may solicit from only one source if the circumstances of the contract action deem only one source is reasonably available (e.g., urgency, exclusive licensing agreements, brand name, or industrial mobilization).

Pursuant to FAR 13.106-1(b)(1)(ii), when a single source is identified to provide a portion of the purchase as a Brand-Name, the documentation in paragraph 3 must state that this determination is only for a portion of the requirement.

1. Agency and Contracting Activity. U.S. Department of the Interior, Bureau of Reclamation

(Reclamation), Acquisition Operations Branch, Denver, Colorado.

2. Name and Address of Single Source. This is a brand name requirement to procure VSI support services for Reclamations three (3) rx2400i4 devices. The developer of this software is VMS Software Inc. who confirmed they do resell this product. Since there is expectation of receiving competition from two or more small business vendors, this requirement will be set aside for small business vendors who can quote the requirement VSI support services for a firm-fixed price quote on beta.SAM utilizing FAR Parts 12 and 13 procedures.

3. Description of Supplies/Services and Estimated Cost. Reclamations Regional Office IT department requires five (5) years (Base year plus four (4) option years) of 24/7 support, maintenance, and upgrades for the following software products on three HP rx2800i4 servers: VSI VMS I64 BOE PSL 2Skt/8C; VSI DFO – 8 Core Server; VSI Fortran; VSI C.

The level of support & response times is as follows: Standard support phone number provided by VSI; right to new minor releases of a VSI product; access to all software updates/patches provided between numbered releases; technical support 24 hours a day, 7 days a week; provided quarterly VSI updates; 2 hour response from initial customer contact.

The period of performance with all option years is 04/01/2021 to 03/31/2026.

4. Description of Circumstances, including why only one source is reasonably available.

OpenVMS operating system and application software has been licensed to VSI by HPE. This software is proprietary and owned by HPE. VSI has developed VSI OpenVMS 8.4-1 and later which is the certified version that will run on the HP rx2800i4 servers. VSI is the only level 1 support vendor available to meet the mission critical support requirements of Hydromet.

On July 31, 2014 HPE announced collaboration with a new startup VMS Software, Inc. to extend OpenVMS solutions. Under the agreement, VSI has licensed the source code of the OpenVMS operating system from HPE with the intent to further develop the OpenVMS product roadmap by adding new hardware platform support and features, beginning with a version of OpenVMS on HP Integrity i4 servers based on Intel® Itanium® Processor 9500 Series. VSI's extended roadmap is also expected to include support for OpenVMS running on x86 platforms in the future.

Solicitation Number: 140R8121Q0086 Page 2 of 2

WBR 1413.106-1 Template 1 (11/2020)

VSI has licensed OpenVMS and associated layered products from HPE. VSI will be developing new releases going forward. Given this, OpenVMS v8.4-1 and later is a VSI product and requiring a VSI license and VSI support services.

5. Determination of Fair and Reasonable Price. Quoted prices will be determined fair and reasonable prior to award by as instructed in FAR 13.106-3(a)(1) or FAR 13.106-3(b)(i) though (vii).

6. Description of Market Research. VMS Software confirmed they are the developer of the licenses and have the support team and Professional Services team to support the customer.

VMS Software, Inc. confirmed they do resell this software.