JOFOC_OM_2016-01_(Kastle).pdf

JUSTIFICATION & APPROVAL FOR FAR SUBPART 13.5 SOLE

SOURCE (INCLUDING BRAND NAME) ACQUISITIONS

Tracking No. Page 1 of 4 Treasury Standard Form – 1013 (Rev 10/15)

Prescribed by Treasury: DTAP 1013.501

1. Identification of the agency and the contracting activity.

2. Nature and/or description of the action being approved.

3.a A description of the supplies or services required to meet the agency’s needs.

3.b Estimated value.

4. Identification of the authority being used (Check the appropriate box that applies).

41 U.S.C. 1901 – Simplified acquisition procedures.

41 U.S.C. 1903 – Special emergency procurement authority.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

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6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR subpart 5.2 and, if not, which exception under FAR 5.202 applies.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

8. A description of the market research conducted (see FAR part 10) and the results or a statement of the reason market research was not conducted.

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9. Any other facts supporting this justification.

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

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12. Certifications and Approvals:

12.a Program Office Certification (Requiring Activity). I hereby certify that any supporting information and data provided, which form the basis for this justification, are accurate and complete to the best of my knowledge and belief.

Name:____________________________________ Date: _____________________

Signature: ___________________________________ 12.b Small Business Specialist Determination (Contracting Activity). I have reviewed this justification, including any attached documentation, if applicable, and concur / do not concur with the findings.

Name:____________________________________ Date: _____________________

Signature: ___________________________________ 12.c Contracting Officer Certification and Approval. I hereby determine the circumstances of this acquisition support the justification to acquire these supplies or services on a sole source (including brand name) basis. I also certify this justification is accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve the processing of this requirement on a sole source (including brand name) basis under the authority of FAR subpart 13.5.

Name:____________________________________ Date: _____________________

Signature: ___________________________________

13. Additional Approvals (if applicable):

13.a Advocate for Competition (if >$700,000 and <=$13.5 million) (Contracting Activity).

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the Advocate for competition, I hereby approve this justification.

Name:____________________________________ Date: _____________________

Signature: ___________________________________ 13.b Head of the Procuring Activity or Authorized Designee (if >$13.5 million and <=$68 million) (Contracting Activity). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the head of the procuring activity or authorized designee, I hereby approve this justification.

Name:____________________________________ Date: _____________________

Signature: ___________________________________ 13.c Senior Procurement Executive (if >$68 million) (Contracting Activity). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

Therefore, as the senior procurement official, I hereby approve this justification.

Name:____________________________________ Date: _____________________

Signature: ___________________________________ https://www.acquisition.gov/?q=/browse/far/13 https://www.acquisition.gov/?q=/browse/far/13

INSTRUCTIONS FOR JUSTIFICATION & APPROVAL FOR FAR

SUBPART 13.5 SOLE SOURCE (INCLUDING BRAND NAME)

ACQUISITIONS

In general, each Justification & Approval for FAR subpart 13.5 Sole Source (including brand name) acquisitions shall contain sufficient information and data to justify the proposed action thereby be able to stand on its own. This type of detail is critical in order to enable a reviewer to clearly understand the requirement and the rationale for supporting this justification. If the requirement involves classified or sensitive information ensure the proper steps are taken to protect the information (e.g. labeling and marking). In the event of conflict between this template and applicable regulatory coverage, the more stringent requirement shall be followed.

For Brand-name acquisitions keep in mind the justification & approval is to cover only the portion of the acquisition which is brand-name. Also, that the approval requirements only apply to that portion.

1. Identification of the agency and the contracting activity. Provide the name of requiring agency and the name of the actual requiring activity (e.g. Treasury’s Washington, DC Office – Central IT Division). Provide the name of the contracting agency and the name of the actual contracting activity (e.g. Treasury’s West Virginia Office – Contracting Division for IT).

2. Nature and/or description of the action being approved. Describe the type of action being issued (e.g., new award, contract modification, or brand name). Identify the contemplated contract type (e.g. firm fixed price). Provide the name, address, and socio-economic status of the proposed contractor.

If a contract modification, include the contract no., task/delivery order number (if applicable), and nature of why the modification is required)

If brand name, state this justification & approval is covering only the portion of the acquisition which is brand-name.

If known include the requisition number.

3.a A description of the supplies or services required to meet the agency’s needs:

Provide a clear, concise description of the supplies or services to be procured. Include a statement regarding the delivery schedule and/or the period of performance, inclusive of all option periods and award terms. State the schedule and associated schedule category(ies) the supplies or services are being procured against. For supplies, include details such quantity and a brief description of the items (e.g. twelve (12) laptops).

For brand name, provide the name of the brand, model number and other specific details associated with the brand name item(s) being procured; name(s) of known sources that can provide the brand name.

3.b Estimated value. State the total estimated dollar value of the contract, inclusive of all options, award terms and other monetary incentives. If applicable, provide separately for each option, award term and other monetary incentive a general description (e.g. option period 1 –

April x, 201x thru March x, 201x) and the associated individual dollar amount. These separate dollar amounts should add up to the total estimated dollar value; however if there is a difference then provide a discussion as to why they don’t.

For brand name also provide the total estimated dollar value of the portion of the proposed award, inclusive of all options, award terms and other monetary incentives, that is brand name.

For modifications provide the total dollar value of the proposed modification, the current total dollar value of the contract.

Include a statement that refers to the Independent Government Cost Estimate for specific details.

4. Identification of the exception to fair opportunity being used. Check the applicable exception being used for this justification.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. Provide a clear and concise description of the rationale for the use of the authority being cited above, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. For example,

• If using the proposed contractor’s unique qualifications then describe what makes the proposed contractor the only source. For example, (i) does the proposed contractor have facilities or equipment that are specialized or unique that are vital to the effort?; (ii) Is the proposed contractor the only one that can meet critical schedule(s) required by the Government?; (iii) Does the proposed contractor have prior experience or expertise of a highly specialized nature that is vital to the effort?; (iv) Does the contractor have an exclusive licensing agreement?. Fully explain why no other supply or service provided by another vendor will satisfy the Government’s need. Also, describe any type of market survey and analysis efforts conducted to support this conclusion. Do not simply take information from a vendor’s website or other such marketing information to use as the basis as to why they are unique

• If using urgency describe the nature or circumstances surrounding the urgency of the agency’s need; how any follow-on work will be competed or how such urgency will be mitigated in the future; describe the extent and impact of any unacceptable delay (e.g. quantitative data, dollars that would be lost, the impact to schedule) if award is not made in the timeframe needed;

provide supporting rationale and a concise description of the extent, nature, and impact of the potential harm to the Government.

• If using brand name state the brand name product’s unique attributes (be specific and use technical terms, if necessary), provide an explanation of the proposed brand name item(s) unique qualifications and why no other similar product will suffice, including why other companies’ similar products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs; why (if applicable) the nature of the acquisition requires the use of the brand name product. Provide an estimate of the cost and/or delay the Government would incur if other than the brand name item is used for this requirement. Do not simply take information from a vendor’s website or other such marketing information to use as the basis as to why they are unique. Also, describe any type of market survey and analysis efforts conducted to support this conclusion.

• If the logical follow-on exception is used, the rationale shall describe why the relationship between the initial award and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

• If authorized or required by statute is the supporting rationale behind the nature of this acquisition, cite the statute along with the specific language from the statute and how it applies to this acquisition.

5. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR subpart 5.2 and, if not, which exception under FAR 5.202 applies. Provide a clear and concise description of the efforts taken to solicit from as many potential sources as is practicable (include the names of the vendors that responded to the notice or that were contacted or expressed interest).

If a notice was or will be published, include the date that it was published or anticipated to be published along with any other pertinent information regarding the notice.

If a notice was not published as required by FAR subpart 5.2, state the FAR exception that was used and how it applies to this acquisition.

6. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Provide a narrative of the measures performed by the Contracting Officer to ensure that the costs or pricing to the Government will be fair and reasonable.

Provide any information, such as commercial pricelists or prior acquisition history that helped the Contracting Officer determine that the anticipated cost or pricing is fair and reasonable.

This paragraph should always begin with a sentence similar to: “The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on….

7. A description of the market research conducted (see FAR part 10) and the results or a statement of the reason market research was not conducted. Issuance of a synopsis as required in FAR part 5 does not satisfy the requirement of conducting market research.

Altogether, describe the market research performed along with the results. If a market research summary report was completed, provide a summary of the findings along with a statement that refers to that report for specific information regarding the market research that was conducted.

If market research was not conducted, provide a complete discussion of the rationale and, if applicable, the circumstances for why market research was not conducted.

8. Any other facts supporting this justification. In addition, to those listed in FAR 6.303-2 other examples are:

• If the justification is based on an urgent and compelling need, there may be additional data or estimated costs that further support the extent and nature of the harm to the government in delay in award will cause or

• If acquisition of a patented or copyrighted product is based on the representation of the intellectual property holder that has not been licensed for resale.

10. A listing of sources, if any, that expressed a written interest in the acquisition.

Provide a listing of sources, if any, that expressed a written interest in the acquisition.

An example of what could be written is: A synopsis was issued on the FBO on 12/3/20xx, requesting that parties express their interest in writing to the Contracting Officer. Only XYZ Corporation responded. XYZ Corporation’s capabilities statement was reviewed and deficiencies in comparison to the requirement were identified. These were discussed with xxx of the XYZ Corporation, who agreed.

If no sources expressed a written interest in the acquisition provide a statement along those lines. Do not use “Not Applicable”.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. Describe actions taken, or that may be taken, to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required (e.g. overcoming challenges to restrictive data markings, data rights, preparation of a performance based work statement). If planning or in the midst of a solicitation (i.e. competitive or sole source), include information regarding this action (e.g. estimated date when the solicitation will be issued or anticipated date of award). If a sole source requirement is being contemplated, state the reasons why it will be sole source.

12. and 13. Certifications and Approvals: Each review must be preceded by lower level approval(s), e.g., over $68 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL LEVEL. Retain only those signature blocks applicable to the dollar range of the acquisition being justified.

A supplemental justification is required if any of the following revisions occur between approval of the original justification and award of modification of the order: an increase in dollar value beyond the authority approved in the justification; a change in the competitive strategy that further reduces competition; or any type of change in requirement that affects the basis of the justification.

Additional.

1. Tracking No.: This field is completed as prescribed by Bureau procedures.

3a A description of the supplies or services required to meet the agencys needs: Treasury DO, REFM needs to have the operation, maintenance and PIV card certification for card readers at the following locations:

a) 1801 L Street NW, Washington, D.C. 20036

b) 1722 I Street NW, Washington, D.C.

c) 1750 Pennsylvania Ave. NW, Washington, D.C. 20006

d) 1341 G Street NW, Washington, D.C. 20005

e) 1500 Pennsylvania Ave. SE, Washington D.C. 20003

f) 501 W. Ocean Blvd., Long Beach, CA 90802

g) 290 Broadway, New York, NY 10007

h) 50 Beale Street, San Francisco, CA 94105

i) 401 West Peachtree Street NW, Atlanta, GA 30308

j) 655 15th Street, NW, Washington, DC 20005

Period of Performance:

Base: 12/01/2015 - 11/30/2016 Option Year 1: 12/01/2016 - 11/30/2017 Option Year 2: 12/01/2017 - 11/30/2018 Option Year 3: 12/01/2018- 11/30/2019 Option Year 4: 12/01/2019 - 11/30/2020

The HSPD-12 Executive Order requires PIV card readers for security in all government buildings. The existing card readers in the above leased buildings are Kastle. The Kastle System software and card readers are a proprietary system; therefore, this procurement can only be solicited from Kastle.

There are other manufacturers who supply HSPD-12 card readers and maintain them; however in order to use them you must remove the existing system and reinstall a new security system in all the buildings. Not only would you still have to pay for monthly monitoring and maintenance, but you would also have to pay for the removal of the existing system and installation of a new security system. This is not efficient or cost effective to the Government.

6 A description of efforts to ensure that offers were solicited from as many potential sources as is practicable including whether a notice was or will be publicized as required by FAR subpart 52 and if not which exception under FAR 5202 applies:

A search was conducted in the current marketplace, SAM and PRISM, including existing Government contracts for card readers that were HSPD-12 compliant.

The Justification & Approval for sole source for brand name services will be posted with the solicitation in accordance with FAR Subpart 5.2.

7 A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The contractor's proposal will be evaluated for fairness and reasonableness by the Contracting Officer and the Program Office by comparing prices with prices in the current market and price catalogs for similar services as well as performing price analysis techniques in accordance with FAR 13.106-3, Award and Documentation.

8 A description of the market research conducted see FAR part 10 and the results or a statement of the reason market research was not conducted:

Market research was conducted based on the commercial marketplace.

1. Kastle System LLC 6402 Arlington Blvd., Falls Church, VA 22042

2. DataWatch Systems, Inc.

4401 East West Highway, Suite 500, Bethesda, MD 20814

3. Hirsch-Identive 22 Whitelawn Ave., Milton, MA 02186

The HSPD-12 Executive Order requires PIV card readers for security in all government buildings. The existing card readers in the above leased buildings are Kastle. The Kastle System software and card readers are a proprietary system; therefore, this procurement can only be solicited from Kastle.

9 Any other facts supporting this justification:

The IGCE, Acquisition Plan, and the Market Research all support this justification.