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Sole Source Synopsis: Software Maintenance and License Agreements

Solicitation Number: 1138134981
Agency: Department of Justice
Office: Federal Bureau of Investigation
Location: Procurement Section
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:
1138134981
:
Presolicitation
:
FAR 6.302-1 - Only one responsible source (except brand name)
:
August 26, 2013
:
A3N304855
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Added: Jul 25, 2013 2:04 pm
The Federal Bureau of Investigation (FBI), Procurement Section intends to award a Firm Fixed Price (FFP) contract on a sole source basis to Raytheon Trusted Computer Solutions, Inc. (RTCS) for software maintenance and license agreements for the following Raytheon proprietary products:

Secure Office Trusted Thin Client v1.3.4 SW Maintenance
HSG-Guard v3.0.2.x ADDOP Silver Maintenance Package
Secure Office Gateway (TGS) v4.3 Software Maintenance
Secure Office Gateway (TGS) v4.3 Software License Linux System

The FBI's Information Assurance Technology Unit uses RTCS for Cross Domain Solutions to include Raytheon Trusted Thin Client (RTTC), High Speed Guard (HSG) and Trusted Gateway Systems (TGS).

All of these systems require maintenance and non-perpetual software licenses. RTCS specializes in the design, development, fielding, and certification and accreditation of high security systems. RTCS is the sole manufacturer for development, maintenance, and sustainability. RTCS owns all of the associated intellectual property rights and provides no access to the source code to any reseller or other entities. These proprietary products and respective maintenance agreements can only be purchased directly through Raytheon. Thus, this procurement is intended to be awarded on a sole source basis to RTCS pursuant to FAR 6.302-1: Only one responsible source and no other supplies or services will satsify agency requirements.
Added: Sep 06, 2013 11:49 am

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION:
SOLE SOURCE ACQUISITION OF RAYTHEON SOFTWARE MAINTENANCE AND LICENSING AGREEMENTS
1. Identification of the Agency: The agency is the Federal Bureau of Investigation/Information Assurance Technology Unit (IATU). The contracting activity for this action is Enterprise Acquisition Collaboration Unit (EACU).


2. Description of Action: The purpose of this action is to award a 12-month Firm Fixed Price contract on a sole source basis to Raytheon Trusted Computer Solutions (RTCS) for software maintenance and licensing agreements. The period of performance will be September 28, 2013 through September 27, 2014.


3. Description of Services: The purpose of this action is to procure software maintenance and license agreements from RTCS for the following Raytheon proprietary products:


Secure Office Trusted Thin Client DC Dev License Maintenance
Trusted Thin Client seat License - Per Seat 1-500
Secure Office Gateway (TGS) System for Linux
Secure Office Gateway (TGS) System Maintenance 1 Yr. Linux
RHSG 12 Mo Silver Maintenance Admin Server
RHSG 12 Mo Silver Maintenance ADDOP
HSGGAOPINSI 12 Month Silver Maintenance Op Grd Appliance
RHSG 12 Mo Silver Maintenance Site Test/Guard Factory Support


4. Identification of Statutory Authority Permitting other than Full and Open Competition: The statutory authority permitting the sole sourcing of services is FAR 6.302-1, 10 USC 2304 (c) (1): Only one responsible source and no other supplies or services will satisfy agency requirements.


5. A Demonstration that the Proposed Contractor's Unique Qualifications or the Nature of the Acquisition Requires use of the Authority Cited: The FBI's Information Assurance Technology Unit uses RTCS for Cross Domain Solutions to include Raytheon Trusted Thin Client (RTTC), High Speed Guard (HSG) and Trusted Gateway Systems (TGS). Specifically, the FBI uses the following Raytheon proprietary products:


Secure Office Trusted Thin Client DC Dev License Maintenance
Trusted Thin Client seat License - Per Seat 1-500
Secure Office Gateway (TGS) System for Linux
Secure Office Gateway (TGS) System Maintenance 1 Yr. Linux
RHSG 12 Mo Silver Maintenance Admin Server
RHSG 12 Mo Silver Maintenance ADDOP
HSGGAOPINSI 12 Month Silver Maintenance Op Grd Appliance
RHSG 12 Mo Silver Maintenance Site Test/Guard Factory Support



All of these systems require maintenance and non-perpetual software licenses. RTCS specializes in the design, development, fielding, and certification and accreditation of high security systems. RTCS is the sole manufacturer for development, maintenance and sustainability. RTCS owns all of the associated intellectual property rights and provides no access to the source code to any reseller or other entities. These proprietary products and respective maintenance agreements can only be purchased directly through Raytheon. Thus, this procurement is intended to be awarded on a sole source basis to RTCS.


6. Efforts to Obtain Competition: The FBI searched GSA and the open market to determine whether any resellers of these Raytheon products exist. No resellers were found through market research efforts. The FBI contacted RTCS directly to determine whether any resellers of these Raytheon products exist. RTCS stated that it is the sole manufacturer of these products for development, maintenance and sustainability. RTCS stated that it owns all associated intellectual property rights and provides no access to the source code to any reseller or other entities.


7. Fair and Reasonable: The FBI will negotiate with RTCS to ensure it receives a fair and reasonable price.


8. Market Research: As stated in Section 6 above, the FBI found no resellers of these products on either GSA or in the open market. The FBI contacted RTCS directly. RTCS confirmed that it is the only company that sells these products.


9. Other Facts: None.


10. A Listing of the Sources, if any, that Expressed Written Interest: The Government has synopsized this requirement and is posting this Justification for Other Than Full and Open Competition on FedBizOpps in advance of the contract award. If any other responsible sources exist, the Government will consider whether these sources have the ability to meet the Government's requirements as stated above in Section of 3, Description of Services. Additionally, the Government will continue to perform market research to determine whether the reseller situation changes.


11. Actions to Remove/Overcome Barriers to Competition: The FBI will do ongoing market research to determine whether the reseller


12. Technical Requirements/Personnel Certification: I hereby certify that the technical requirements contained herein are accurate.


Name: John Castro
Title: Technical POC


13. Contracting Officer Certification: I hereby certify to the best of my knowledge that this justification is accurate and complete.


Name: Deborah Foley
Title: Contracting Officer - 5 September 2013


 

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Presolicitation Notice/Sole Source Synopsis

Type:
Other (Draft RFPs/RFIs, Responses to Questions, etc..)
Label:
Presolicitation Notice/Sole Source Synopsis
Posted Date:
July 25, 2013
Description: Presolicitation Notice/Synopsis: Sole Source

J/A RTCS

Type:
Other (Draft RFPs/RFIs, Responses to Questions, etc..)
Label:
J/A RTCS
Posted Date:
September 6, 2013
Description: Justification & Approval for RTCS Maintenance
:
935 Pennsylvania Avenue, N.W.
Washington, District of Columbia 20535
United States
:
375 E Street SW
Washington, District of Columbia 20535
United States
:
Deborah K. Foley,
Contract Specialist
Phone: 703-814-4908