WebTA Limited Source Justification (LSJ) (Sole source).pdf

FORM # USPTO-OP-011.v3.0 (1/2020) Page 1 of 7 Limited Sources Justification- Sole Source

LIMITED SOURCES JUSTIFICATION (LSJ)

(Sole Source)

(41 U.S.C. 1903 and FAR 8.405-6(a))

SECTION I. COMPLETED BY THE PROGRAM OFFICE

Program Office: OCIO/ AED/

Coroporate Systems Division (CSD)

Program Office

POC:

Brenna St. Pierre

Title of Procurement:

WebTA Support Services

Estimated Value (including options)

Base Period: $164,064.00; Base plus two (2) Option Periods:

$507,105.42

Contracting Officer:

Alan Elder

Contracting Officer Phone:

571-270-1155 Acquisition Package Number:

ACQ-21-0859

The following LSJ has been prepared to meet the requirements of Federal Acquisition Regulation (FAR) 8.405-6, and FAR 17.502-1(a).

1. Identification of the agency and contracting activity

United States Patent and Trademark Office (USPTO) Office of the Chief Financial Officer (OCFO) Office of Procurement (OP) Alexandria, VA

2. Nature and/or description of the action requiring approval

This acquisition is a delivery order for software engineering support services for USPTO’s WebTA system. The USPTO intends to solicit and award a labor-hour delivery order to include a six-month base period and two (2) six-month option periods.

3. Description of the supplies or services required and the estimated value thereof

The Office of the Chief Administration Officer (OCAO), in coordination with the Office of the Chief Information Officer (OCIO), has a requirement to secure software engineering support services for USPTO’s WebTA solution. As the WebTA version USPTO is presently using (3.8) is about to lose all engineering support effective March 31, 2021, these services are necessary to ensure implementation of critical updates and

FORM # USPTO-OP-011.v3.0 (1/2020) Page 2 of 7

Time and Attendance changes. The need for these services is anticipated to end once the WebTA replacement Time and Attendance solution, Paycheck8, is fully implemented.

The USPTO estimates the value of the intended contract to be $507,105.42 over its life, planned as a six-month base period and two (2) six-month option periods.

Base Period Period of Performance Hours, FTE & Rate Total Cost Total Hours

Labor Category POP Start POP End Hours FTE Rate

1 Senior Systems Engineer 3 4/1/2021 9/30/2021 960 0.50 $170.90 $164,064.00 960

Base Period $164,064.00 960

Option Period 1 Period of Performance Hours, FTE & Rate Total Cost Total

Labor Category POP Start POP End Hours FTE Rate

1 Senior Systems Engineer 3 10/1/2021 3/31/2022 960 0.50 $176.03 $168,985.92 960

Option Period 1 $168,985.92 960

Option Period 2 Period of Performance Hours, FTE & Rate Total Cost Total

Labor Category POP Start POP End Hours FTE Rate

1 Senior Systems Engineer 3 4/1/2022 9/30/2022 960 0.50 $181.31 $174,055.50 960

Option Period 2 $174,055.50 960

Grand Total $507,105.42

4. Any other facts supporting the justification

USPTO’s WebTA version 3.8 tool is completely reliant on contractor support to identify and resolve issues. The current version in use is reaching the end of engineering support on March 31, 2021, resulting in USPTO’s inability to make code changes. With a new administration coming in and new time off activities (EADC) expected to be in use, the USPTO is in jeopardy of not being able to capture this data appropriately. If the USPTO is without WebTA solution support for an extended period, it will lead to increased operational costs with increased risk of failure, and potenally affecting the ability to pay USPTO Employees.

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The acquisition of engineering services will enable USPTO to develop basic workarounds to capture data, resolve bug fixes, and reduce the risk of outages of the critical Time and Attendance system that drives Payroll activity until the new Time and Attendance solution, Paycheck8, is fully implemented.

SECTION II. COLLABORATION BETWEEN THE PROGRAM OFFICE AND OP

5. Authority and supporting rationale: Authority and supporting rationale (see FAR 8.405- 6(a)(1)(i)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

This acquisition is conducted under the authority of the Multiple Award Schedule

Program and 41 U.S.C. 1903 (Special Emergency Procurement Authority).

Consideration of schedule contractors will be restricted to fewer than the number required by Federal Acquisition Regulation (FAR) 8.405-6(a)(1) [see FAR 8.401, 8.405-1, and 8.405-2] (i.e., fewer than three FSS contractors).

The USPTO’s current WebTA vendor, Ultimate Kronos Group (UKG), is discontinuing engineering support for WebTA version 3.8 after March 31, 2021. Despite multiple requests, UKG is unwilling to extend v3.8 support beyond the March 31st end date. This constraint, along with the results of USPTO’s market research, were factors in USPTO’s selection of a sole source acquisition strategy. A sole source strategy reduces the risk of agency payroll issues occurring as a result of a prolonged competition that would likely extend beyond March 31st.

Market research performed by USPTO identified Lentech, Inc. as the only vendor that can meet all of the requirements in the WebTA Support Services contract. A “google” search showed that Lentech can provide development, engineering, operations and sustainment support services for USPTO’s current WebTA v3.8 solution. Lentech also has a direct relationship with UKG and provides WebTA support services to other government agencies. Other vendors that appeared in the google search, such as as Mind Group and Immix Group, either did not offer support for v3.8 or were unable to provide the support required to develop workarounds or bug fixes for USPTO’s time and attendance system.

Lentech, Inc.

4405 Westridge Ct NW Albuquerque, NM 87114-5770

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6. Description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted

Market research was conducted via the internet to identify companies that provide egineering support services with Ultimate Kronos Group (UKG) WebTA version 3.8 experience. It was determined that only Lentech offers services with Kronos WebTA 3.8 experience.

7. Actions, if any, the agency may make to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition.

The Government will continue to research the industry for available products and alternatives. The RFQ and this limited sources justification will be posted on www.ebuy.gsa.gov informing the ESI community of the present barriers to competition for this requirement.

SECTION III. COMPLETED BY OP

8. Determination by the ordering activity Contracting Officer that the order will represent the best value to the Government consistent with FAR 8.404(d), and “determination of best procurement approach” consistent with FAR 17.502-1(a)

Pursuant to FAR 8.404(d), GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable; however, prior to the award of the proposed order, pricing information will be obtained from the proposed contractor and price analysis will be performed and documented to sufficiently determine that the order represents the best value and results in the lowest overall cost alternative (considering price, special features, administrative cost) to meet the Government’s needs.

The intended contract will incorporate the entirety of Lentech’s GSA schedule supplies and services list. Acquiring Lentech’s engineering support services for WebTA v3.8 is the best value to the Government considering their expertise and capabilities to meet USPTO’s WebTA requirements.

This determination has been made by comparison of commercial product prices published in GSA Advantage schedule contracts, which have already been determined to be fair and reasonable by GSA. Based on this approach, the Contracting Officer concluded that a fair and reasonable price is available.

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SECTION IV. REVIEW AND APPROVAL

9. Technical Certification

By signature below, the Technical Representative certifies that the supporting data necessary to form the basis for this justification is accurate and complete to the best of their knowledge and belief. Furthermore, the Technical Representative certifies that the justification has been adjudicated by the Program Office and OP.

Brenna St. Pierre Technical Representative Name

Technical Representative Signature Date

10. Contracting Officer’s Certification

By signature below, the ordering activity Contracting Officer certifies that this justification is accurate and complete to the best of their knowledge and belief.

Contracting Officer Name

Contracting Officer Signature Date

11. Bureau Procurement Official (BPO)/ Director of OP (or Designee) (required for actions valued at or >$700K)

By signature below, the ordering activity BPO/Director of OP certifies that this justification is accurate and complete to the best of their knowledge and belief.

BPO/Director of OP (or Designee) Name

BPO/Director of OP (or Designee) Signature Date

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12. Competition Advocate Approval:

Approval (required for actions valued from $700K to $13.5M) Concurrence (required for actions valued above $13.5M)

In accordance with FAR 8.405-6(d)(2), the Competition Advocate, certifies that they have reviewed this justification and has determined that sufficient facts exist to support the justification.

Competition Advocate Name

Competition Advocate Signature Date

13. Head of the Contracting Activity (HCA) (or Designee) Approval (required for actions valued greater than $13.5M)

In accordance with FAR 8.405-6(d)(3), the HCA certifies that they have reviewed this justification and has determined that sufficient facts exist to support the justification.

HCA (or Designee) Name

HCA (or Designee) Signature Date

SECTION V. ATTACHMENTS

N/A