IBWC_Form_357_-_Sole_Source_Justification.pdf

IBWC Form 357 (ACQ) 02/2016

FSS LIMITED SOURCES JUSTIFICATION AND APPROVAL

Description of Item(s) to be Purchased (Include brief description of the products or services to be purchased. For products, include quantity and name of each item, brand name (if applicable), and model number (if applicable))

Period of Performance (Include estimated delivery time for products. Include entire period of performance period for services; EXAMPLE: October 1, 2015 - September 30, 2016 or October 1, 2015- September 30, 2018 (base and two one-year option periods). If exact start date is unknown please insert "date of award through...”)

I Recommend the use of limited source procedures for the acquisition of the following supplies or services available under Federal Supply Schedules (FSS). This acquisition is conducted under the authority of FAR 8.405-6:

Requisition Number (If there are multiple requisitions, list each one and include the $ amount of each requisition with a total at the end)

Cost Estimate (If requirement has options state the base amount and list each option year amount separately with a total cost at the end)

Name(s) of Proposed FSS Source(s) (Include Name, Street Address, City, State, Zip Code, and GSA Schedule for proposed source; If brand name, proposed source would be TBD if there are multiple resellers who are available to sell the brand name product)

Statutory Authority (Select one)

FAR 8.405-6(a)(1)(i)(A) - An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays. (Explain under JUSTIFICATION why the agency's need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless it limited the number or sources. Solicitation from as many potential sources as is practicable under the circumstances is required.)

FAR 8.405-6(b) - The item is peculiar to one manufacturer (e.g., a particular brand name, product or feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government's requirements and market research indicates other company's similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency's needs. (In accordance with FAR 11.105(a)(l), explain under JUSTIFICATION why the brand name item is essential for the acquisition by identifying which feature(s) is essential to meet the Government's requirements and the market research which indicates what other similar items were identified and what feature(s) it lacks or that cannot be modified to meet the agency's need)

FAR 8.405-6(a)(1)(i)(C) - The new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures. (Explain under JUSTIFICATION why the work is a logical follow-on and provide information on the original competition for the first order.)

FAR 8.405-6(a)(1)(i)(B) - Only one source is capable of responding due to the unique or specialized nature of the work.

(Explain under JUSTIFICATION what makes this FSS contractor the only responsible source. i.e., Does this proposed FSS contractor have facilities or equipment that are specialized and vital to the effort? Is the proposed contractor the only one that can meet critical schedules? Does the proposed contractor have prior experience of a highly specialized nature vital to the effort? Does the FSS vendor have an exclusive licensing agreement? Why won't any other product or service satisfy the need? Describe market survey and analysis efforts leading to this conclusion.)

IBWC Form 357 (ACQ) 02/2016

Statement That the Requirement does not Result From a Lack of Planning or the Expiration of Funds (Simple statement - “This requirement does not result from a lack of planning or the expiration of funds.”)

Requesting Office - I certify that the justification is accurate and contains complete data necessary to support the recommendation for a sole source.

Name Title Signature Date

Contracting Officer - I certify that this submission is accurate, and that it contains complete information necessary to enable Approving Officials to make an informed recommendation for approval or disapproval.

Name Title Signature Date

Bureau Competition Advocate (Over $700,000)

Name Title Signature Date

Head of Procuring Activity (Over $13,500,000)

Name Title Signature Date

Senior Procurement Executive (Over $68,000,000)

Name Title Signature Date

Market Research Describe the market research that was conducted and the results of the research (e.g., search on e-library at http://www.gsa.gov/fss;

historical ordering information, FedBizOpps synopsis). Synopsis is not required for FSS procurements, but may be used. Also, list any FSS sources that expressed an interest in writing in the order and the results of that interest. (Was market research conducted? As a result of a sources sought synopsis on FBO.

gov, if conducted, did the agency receive any responses? If so, state that the responses will be evaluated. Who responded to the survey, were they qualified, if not, why not? Did the end user conduct any kind of internet search or industry search to determine sources?)

Promote Competition on Subsequent Orders List the actions the agency will take to promote FSS ordering procedures outlined in FAR 8.405 on any subsequent acquisitions for similar supplies or services. (How will the agency plan for the acquisition of the next required purchase, using the results of the market research conducted? Will the agency consider replacement with new technology, lease vs. buy options, and other methods that were identified as part of the market research? What actions will the agency take to remove or overcome any barriers that led to the restricted consideration?)

Justification Demonstration that the proposed FSS contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. (A JOFOC is a stand-alone document. The rationale shall be thoroughly explained in this section.)

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Page of IBWC Form 357 (ACQ) 02/2016

FSS LIMITED SOURCES JUSTIFICATION AND APPROVAL

..\My Pictures\seal-Large.JPG Description of Item(s) to be Purchased (Include brief description of the products or services to be purchased. For products, include quantity and name of each item, brand name (if applicable), and model number (if applicable))

Period of Performance (Include estimated delivery time for products. Include entire period of performance period for services; EXAMPLE: October 1, 2015 - September 30, 2016 or October 1, 2015- September 30, 2018 (base and two one-year option periods). If exact start date is unknown please insert "date of award through...”)

I Recommend the use of limited source procedures for the acquisition of the following supplies or services available under Federal Supply Schedules (FSS). This acquisition is conducted under the authority of FAR 8.405-6:

Requisition Number (If there are multiple requisitions, list each one and include the $ amount of each requisition with a total at the end)

Cost Estimate (If requirement has options state the base amount and list each option year amount separately with a total cost at the end)

Name(s) of Proposed FSS Source(s) (Include Name, Street Address, City, State, Zip Code, and GSA Schedule for proposed source; If brand name, proposed source would be TBD if there are multiple resellers who are available to sell the brand name product) Statutory Authority (Select one) Statement That the Requirement does not Result From a Lack of Planning or the Expiration of Funds (Simple statement - “This requirement does not result from a lack of planning or the expiration of funds.”)

Requesting Office - I certify that the justification is accurate and contains complete data necessary to support the recommendation for a sole source.

Name Title Signature Date Contracting Officer - I certify that this submission is accurate, and that it contains complete information necessary to enable Approving Officials to make an informed recommendation for approval or disapproval.

Name Title Signature Date Bureau Competition Advocate (Over $700,000) Name Title Signature Date Head of Procuring Activity (Over $13,500,000) Name Title Signature Date Senior Procurement Executive (Over $68,000,000) Name Title Signature Date Market Research Describe the market research that was conducted and the results of the research (e.g., search on e-library at http://www.gsa.gov/fss; historical ordering information, FedBizOpps synopsis). Synopsis is not required for FSS procurements, but may be used. Also, list any FSS sources that expressed an interest in writing in the order and the results of that interest. (Was market research conducted? As a result of a sources sought synopsis on FBO.gov, if conducted, did the agency receive any responses? If so, state that the responses will be evaluated. Who responded to the survey, were they qualified, if not, why not? Did the end user conduct any kind of internet search or industry search to determine sources?)

Promote Competition on Subsequent Orders List the actions the agency will take to promote FSS ordering procedures outlined in FAR 8.405 on any subsequent acquisitions for similar supplies or services. (How will the agency plan for the acquisition of the next required purchase, using the results of the market research conducted? Will the agency consider replacement with new technology, lease vs. buy options, and other methods that were identified as part of the market research? What actions will the agency take to remove or overcome any barriers that led to the restricted consideration?)

Justification Demonstration that the proposed FSS contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. (A JOFOC is a stand-alone document. The rationale shall be thoroughly explained in this section.)

ACQ

Laura Baker FSS Limited Sources Justification and Approval 02/09/16 02/09/16 FAR 8.405-6(a)(1)(i)(A) - An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays. (Explain under JUSTIFICATION why the agency's need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless it limited the number or sources. Solicitation from as many potential sources as is practicable under the circumstances is required.)

DUNS: 136947606

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Regulatory Statutes that require the USIBWC to have and maintain CDM services: Federal Information Security Management act of 2014 (FISMA), Office of Management and Budget (OMB) Memorandums 14-03, 10-28, and NIST Special Publication 800-137 - Information Security Continuous Monitoring for Federal Information Systems and Organizations