Notice of Intent for Other Than Full and Open Competition for Modem Replacement in Current Cash Registers

Justification for Other than Full and Open Competition Identifications: National Park Service, Yellowstone National Park Description of the action: This action is for the required replacement of internet credit card transaction processing modems, at park entrance stations, due to change in the credit card processing platform that requires replacement of existing equipment. Description of supplies and services: Yellowstone has 5 entrance stations that need modem replacement due to the following: Fifth Third Bank (current contract credit card processor) has notified us that our entrance station Datacap credit card processing locations are accessing a legacy SSL/TLS platform which will no longer be supported beyond August 1, 2011. Datacap built their product with a hardcoded SSL/TLS URL, which does not allow for changes by the user. Datacap has informed us that they will not change the hard coded URL. The only alternative to not paying the upgrade fee or purchasing replacement devices is to go back to dial up which would significantly slow credit card transaction processing time at the entrance stations. The new modems and associated programming must interface with our existing Comm 2000 POS software and function with existing Datasym Merlin 6670 cash registers which are proprietary products of Intermountain Cash Register, they cannot be purchased on the open market. Intermountain Cash Register is a licensed Datasym dealer and the closest dealer to Yellowstone in this region. Authority: 41 U.S.C.253(c)(1): Only one responsible source and no other supplies or services will satisfy agency requirements.FAR Part 11.105: The Brand Name products are essential to the Government's requirements, and market research indicates other companies' similar products do not meet and cannot be modified to meet the agency's needs.FAR 13.106(b): For purchases not exceeding the simplified acquisition threshold, 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). Reason for authority cited: This is a very specific modem upgrade to support credit card processing at park entrance stations. Other facts supporting other than full & open competition: Fifth Third Bank (current contract credit card processor) has notified us that our entrance station Datacap credit card processing locations are accessing a legacy SSL/TLS platform which will no longer be supported beyond August 1, 2011. Datacap built their product with a hardcoded SSL/TLS URL, which does not allow for changes by the user. Datacap has informed us that they will not change the hard coded URL. The only alternative to not paying the upgrade fee or purchasing replacement devices is to go back to dial up which would significantly slow credit card transaction processing time at the entrance stations. The new modems and associated programming must interface with our existing Comm 2000 POS software and function with existing Datasym Merlin 6670 cash registers which are proprietary products of Intermountain Cash Register, they cannot be purchased on the open market. Intermountain Cash Register is a licensed Datasym dealer and the closest dealer to Yellowstone in this region.