A02 Brandname_JA_MILTOPE_Signed_Redacted.pdf

Control Number: JA-21-D-285 Miltope Ruggedized Laptops

Sole Source Justification and Approval Review Document Under FAR 13.501(a)

Program/Equipment: Foreign Military Sales (FMS) Cases BE-B-UAA, RO-B-UFH, and UP-B-UCN RLC-4G Ruggedized Laptop.

Authority: 10 U.S.C. § 2304(c)(1), as implemented by FAR 13.501(a), Only One

Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements and Brand Name Descriptions.

Amount:

Prepared by:

Contracting Officer:

Technical:

Requirements:

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel:

Division Chief:

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: Army Contracting Command - Aberdeen Proving Ground

ACC-APG, CCAP-SCD

4310 Boothby Hill Avenue Aberdeen Proving Ground, MD 21005

2. Description of Action: This proposed action is for the award of a new Firm-Fixed- Price “Brand Name” supply contract to purchase Commercial-Off-The-Shelf (COTS) hardware, which will be brand name from MILTOPE. This is a Foreign Military Sales (FMS) Case for Belgium, Ukraine, and Romania using FMS credit (non-repayable). For the total quantity, the estimated value is .The anticipated award date is 30 August 2021.

3. Description of Supplies/Services: The equipment to be procured is as follows:

Qty 39 MILTOPE RLC-G4 Ruggedized Laptop

4. Authority Cited: FAR 13.501 (a), Only one responsible source and no other supplies or services will satisfy agency requirements and brand name descriptions.

5. Reason for Authority Cited: As described at FAR 13.501 (a), when the supplies or services required by the agency are available only from one responsible source, or for DoD, NASA and the Coast Guard, from only one or a limited number of responsible sources, and no other types of supplies or services will satisfy agency requirements, full and open competition need not be provided for. As further described in FAR 13.501 (a), an acquisition or portion of an acquisition that uses a brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition, regardless of the number of sources solicited; and shall be justified and approved in accordance with FAR 13.501 (a). The proposed source is MILTOPE, or resellers of this brand. Since the FMS customer named MILTOPE in its Letter of Request (LOR), the U.S. Government needs to limit competition to those vendors who offer that product.

The country requested brand name product is needed to meet the mission requirements of the partner nations in support of the TPQ-37 radar system. There are no form and fit requirements. The U.S. Government does not possess the technical data package (detailed designs) for these items.

6. Efforts to Obtain Competition: In accordance with FAR 5.202(a)(3), this action will not be synopsized.

a. Effective Competition: Competition will be among all vendors of equivalent equipment to the specified brand-name items.

b. Subcontracting Competition: FAR 52.244-5 Competition in Subcontracting will be a requirement in the solicitation, which will ensure the prime contractor will select subcontractors on a competitive bases to the maximum practical extent.

7. Actions to Increase Competition: This requirement will be openly competed among vendors offering Miltope brand name products for the specific items requested by the FMS customer. The maximum competition possible is brand name procurement from any Miltope distributor. FMS requirements are not generally predictable so no plans are possible for subsequent acquisition of supplies. Therefore no steps are being taken to seek competition outside of brand name procurement.

8. Market Research: Market research was performed in support of CECOM SAMD. An internet search on the on the items was conducted. The searches were conducted from January 20 to January 28, 2021.

9. Interested Sources: All of the brand name vendors are considered interested sources.

10. Other Facts:

a. Procurement history. None.

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification: I certify that the supporting data under my cognizance, which are included in the justification are accurate and complete to the best of my knowledge and belief.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: ☐ cost analysis ☒ price analysis ☐ should cost ☐ IGCE ☐ audit: ☐ other:

As a part of this basis, certified cost or pricing data:

☐ will be required.

☒ will not be required and the following exception applies (FAR 15.403):

☒ Prices that will be agreed upon are based on adequate price competition.

☐ Prices that will be agreed upon are based on prices set by law or regulation.

☒ A commercial item is being acquired.

☐ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

☐ The contract action is a modification to a contract or subcontract for commercial item(s).

☐ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

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

Approval

Based on the foregoing justification, I hereby approve the procurement of Miltope RLC- 4G Ruggedized Laptop for FMS cases BE-B-UAA, RO-B-UFH, and UP-B-UCN for the estimated amount of on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.