A02 JA -Brand Name-.pdf

Control No: JA-21-Hua-451

Memorandum for Record – Brand Name Justification and Approval

Under FAR 13.106

1. Contracting Activity: Army Contracting Command (ACC) – APG-Fort Huachuca Division, 2133 Cushing Street Bldg 61801, Fort Huachuca, AZ 85613.

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number: TBD Blanket Purchase Agreement (BPA) Number

Order/BPA# against FSS Contract

Order # against Multiple Award IDIQ Contract Name or #

Order # against a single award IDC Contract #

Modification # to existing PO/TO/DO/Call Order #

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable New Procurement 100%

Funds: Operations & Maintenance, Army (OMA) Other Funds:

FY: 2021

Brand Name Buy: Yes No

3. Description of Services or Supplies: Requesting procurement of:

2ea Detect Utilities Under Ground RX UTG Std UNIT, V2,102-1563 2Kits Test Fiber T-BERD5800-1G-10GE100GHW-G 2ea Fibre Channel Test Bundle component of T-BERD5800 1ea NETWORK OptiFiber Inspection Kit OFP2-100-QI/GLD 1Kit NETWORK Tester EXFO TK-2X-PRO-S1-128G 1ea Cable Tester CE-100 1ea NETWORK Cable Testing and Certification Kit OFP2-CFP-QI-NW 1ea NETWORK Cable Analyzer Copper Certifier with Integrated Wi-Fi, DSX2-

5000/GLD Versiv 2 1ea Visual Fault Locator VFL-150

Total Value: $ 207,722.14 (est.)

4. Authority:

FAR 6.302-1(c)(2), in accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L.114-328), the justification and approval addressed in FAR 6.303 is required in order to use brand name or equal descriptions.

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

DFARS 201.302-1(a)(2) Subpart 206.3 -Other than full and open competition.

206.302-1 only one responsible source and no other supplies or services will satisfy agency requirements.

BRAND NAME OR EQUAL (DFARS CASE 2017-D040): Effective 31 May 2019, a justification and approval is required to use brand name or equal purchase descriptions or proprietary specifications and standards.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1)Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable

FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on

FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The Brand Name equipment required by our subordinate units has the unique capabilities used to install, test, and monitor the network. Purchasing equipment other than unit’s requested requirements, will risk our ability to sufficiently sustain the network trustworthiness. Also, with new COTS TMDE it will enhance the similar functionality in protecting network security, and infrastructure security. Without the ability for NETCOM to procure state-of-the-art Commercial Off-The-Shelf (COTS) equipment, we are vulnerable to threats associated with network security, infrastructure security, and the reliability of the network to provide NETCOM organizations the tools necessary to conduct and accomplish their mission.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202 (a)(13).

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $150K, no posting required Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Independent prices were determined based on using Open

Market research thru the internet, GSA Advantage pricing site, and requested non-committal quotes from vendors.

8. Other Facts: The Brand Name testing equipment has certified unique functionality in supporting our mission of validating the NETWORK reliability. Upon open market research find no other authorized sources that can provide the unique testing functionality required by our units.

9. Technical/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.

Typed Name: Mr. Biza, Biza Title: Logistics Management Specialist

Signature:

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Digitally signed by

BIZA.BIZA.1179213768

Date: 2021.07.27 14:01:15 -07'00' 179213768 X

BIZA.BIZA.1

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon Price comparisons based off of the IGCE and Market Research Pricing found.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a Brand Name procurement is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Michael McManus Title: Procurement Contracting Officer

Signature:

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