ESRI Software Maintenance and Licenses

Esri Software License Maintenance I. Contracting Activity Tricare Management Activity, Contracting Operations Division-Falls Church (COD-FC) is the contracting organization responsible for this individual justification for other than full and open competition. II. Nature and/or Description of the Action Being Approved This justification and approval (J&A) authorizes an exception to the Fair Opportunity Process IAW FAR 8.405-6(a)(2) and 16.505 (a) (4) to provide software maintenance for software licenses purchased by Tricare Regional Office North(TRO-N). III. Description of the Supplies/Services Required to Meet the Agency's Needs Geospatial Information Systems (GIS) capture, store, analyze, and manage geographically referenced data. GIS tools allow users to create interactive queries, analyze spatial information, edit data, and map the results. Environmental Systems Research Institute (Esri) software is used for a variety of applications including natural resource management, environmental impact assessment, strategic and military operation mapping, national infrastructure planning, and social services distribution. TRO-N requires annual software maintenance for software licenses purchased on contract# HT0011-11-P-00160. Manufacturer MFG# Description Esri GIS0100MP ArcGIS ArcInfo Concurrent Use Annual Maintenance (Primary Support) Esri GIS0400MP ArcGIS Spatial Analyst Concurrent Use Annual Maintenance (Primary Support) Esri 114557 StreetMap Premium NAVTEQ USA for ArcGIS Desktop Single Use Term License Esri GIS0400MS ArcGIS Spatial Analyst Concurrent Use Annual Maintenance (Secondary Support) IV. Statutory Authority Permitting Other Than Full and Open Competition IAW FAR 8.405-6(a)(2) and 16.505 (a) (4) the order must be issued on a sole-source basis because only the manufacturer Esri has the right to provide software maintenance. V. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (Applicability of Authority) This exception to fair opportunity is issued on a sole-source basis due to the item being peculiar to one manufacturer. Esri has the proprietary rights to the software and although they allow resellers to sell the software they are the only source available for the software maintenance. VI. Description of Efforts Made to Ensure that Offers are Solicited From as Many Potential Sources as Deemed Practicable Esri provided a sole source letter that they were the sole source provider of software maintenance (technical support plus Esri software updates/upgrades). The customer followed up by checking the GSA schedules of Esri's resellers. Upon review of the GSA schedules for both Esri resellers PenBay Solutions LLC (GS-35F-0490X) and Geographic Information Services (GS-35F-0682R) it was confirmed that the schedules did not provide maintenance. Both vendors were contacted to confirm that Esri was the sole source provider of software maintenance. The contracts administrator replied saying that during the initial purchase of licenses from resellers a complimentary 12 month term of maintenance and updates from Esri is included but beyond that term only Esri directly is solely authorized to provide maintenance. VII. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable The purchase will be made utilizing Esri's GSA schedule (GS-35F-5086H) which is published online on GSA's SmartBuy Software homepage. SmartBUY Software allows federal, state, local, and tribal government organizations to pay less for software and supporting services. GSA's SmartBUY is a Federal Strategic Sourcing Initiative (FSSI) featuring a series of blanket purchase agreements (BPAs) for commercial off the shelf software which have been determined fair and reasonable by GSA. VIII. Description of the Market Research Conducted and the Results or a Statement of the Reasons Market Research was not Conducted Market research was conducted to identify resellers of Esri's software and whether the resellers could provide maintenance. IX. Any Other Facts Supporting the Use of Other than Full and Open Competition None. X. List of Sources, if any, that Expressed Interest in the Acquisition None. XI. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition Before Making Subsequent Acquisitions for the Supplies or Services Required TRO North will continue to monitor the marketplace whether other Geospatial information systems (GIS) software can satisfy the government's requirement.