Brand_Name_Justification.pdf

JUSTIFICATION AND APPROVAL – SIMPLIFIED ACQUISITION PROCEDURE FOR

OTHER THAN FULL AND OPEN COMPETITION

Pursuant to FAR 6.304(a)(1), the justification must contain sufficient facts and rationale to justify the use of the authority. This justification will be posted on the Federal Business Opportunities within 14 days of contract award for Only One Responsible Source or within 30 days of contract award for any other authorities cited in

Item # 4.

1. Contracting Office: _USDA/OPPM/POD/ITSCB_____________________________________

____________________2150 Centre Ave, Bldg A, Ste 145_________________________________

____________________Fort Collins, CO 80526_________________________________________

2. Description of Action:

Requirements: New Repeat

Pricing: Firm-Fixed Price Time & Materials Cost

3. Name of Suggested Contractor or Brand Name Manufacturer:

_______________Spyrus (Brand Name)_____________________________________________

Street Address: _______________________________________________________

City, State, Zip: _______________________________________________________

Phone: __ __ __ - __ __ __ - __ __ __ __

4. Description of the Supplies or Services:

This requirement is for the purchase of additional Spyrus Secure Pocket Drive Builder

Software. USDA currently has this software in use within its systems, this requirement is to add additional functionality.

5. Authority Cited: (Check one authority that applies)

Only one responsible source and no other supplies or services will satisfy the agency requirements: (10 USC 2304(c)(1) or 41 USC 253(c)(1); FAR 6.302-1).

Brand Name Requirement (FAR 6.302-1(c))

Unusual and compelling urgency: (10 USC 2304(c)(2) or 41 USC 253(c)(2); FAR 6.302-2).

Industrial mobilization, engineering, developmental, or research capability; or expert services:

(10 USC 2304(c)(3) or 41 USC 253(c)(3); FAR 6.302-3).

National Security: (10 USC 2304(c)(6) or 41 USC 253(c)(6); FAR 6.302-6).

International agreement: (10 USC 2304(c)(4) or 41 USC 253(c)(4); FAR 6.302-4).

Sole source acquisition of certain commercial items under the test program: (41 USC 428(a);

Section 4202 of the Clinger-Cohen Act of 1996; or FAR 13.501(a)(1)(ii)).

Federal Property and Administrative Services Act of 1949: (40 USC 501, Section 201; FAR 8.405-6).

6. Reason for Authority Cited: (State why this is the only source to provide the required supplies or services)

Services can only be provided from the original source as this is a follow-on requirement for the continued provision of highly specialized services.

Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition.

United States

Department of

Agriculture

Office of the

Assistant

Secretary for

Departmental

Management

Office of

Procurement and Property

Management

Procurement

Operations

Division

Reporters

Building

300 7th Street, SW, Suite 353

Washington, DC 20024

Supplies or services are needed immediately to satisfy mission requirements.

Supplies required are a brand-name product or item peculiar to one manufacturer.

a. Justification as to why the use of brand name descriptions is essential to the Government’s requirements.

This requirement is for the purchase of additional Spyrus Secure Pocket Drive Builder Software

(software only, no hardware is required). Government currently has Spryus software and hardware deployed on its systems and only additional brand name purchase of additional software will fulfill this requirement. This software has been tested and is currently in use on Government systems. Use of a different product would create duplicate costs to the Government including but not limited to the following: testing of replacement software; removing current software from existing Government systems; removing and replacement of the corresponding hardware utilized in this software’s operation;

installing new product on Government systems; loss of employee productivity; ensuring new product works seamlessly with current Government infrastructure and processes; retraining of Government employees on the use and management of the replacement product.

Additional Information (If Authority cited is FAR 6.302-2)

a. What harm will come to the Government if the desired supplies or services are not provided on time?

b. What harm will come to the Government if the desired contractor does not receive the award?

7. Action to Increase Competition: N/A

8. Market Research/Survey:

Market Research was conducted to determine the commercial availability of Spyrus Brand Software. A combined synopsis/solicitation will be issued via FBO for this requirement.

9. Procurement History:

Previous Contract Number: _AG-3144-P-12-0072______

Previously Competed: N/A No Yes

Previous Authority for Other Than Full & Open Competition: __Brand Name_________

CERTIFICATIONS:

10. Technical Certification: (I certify that the supporting data under my cognizance included in this

Justification are accurate and complete to the best of my knowledge and belief)

Technical /Program Official Signature: ____________________________________ Date: ____________

Position Title (Division Chief, higher): _IOD Project Manager______ Email: __barry.hodge@wdc.usda.gov___

11. Fair and Reasonable Cost Determination: (I hereby determine that the anticipate cost for this proposed contract action will be fair and reasonable)

Justification Approved

Justification Disapproved

Contracting Officer Signature: _____________________________________ Date: ______________

Josh.Tafoya Typewritten Text X

Josh.Tafoya Typewritten Text 8/27/2013