Atatchment 1 - Sole Source Justification.pdf

Limited Sources Justification and Approval (J&A)

CONTROLLED UNCLASSIFIED INFORMATION

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Contracting Activity: 99th Contracting Squadron, 5865 Swaab Blvd Bldg 588, Nellis AFB, NV 89191

Purchase Request / Local ID Number: F3G3EA4169AW01

Program / Project (and PE, if applicable): 99 ABW Unify CP Upgrade

Program Type (PEO or Other Contracting): Other Contracting

Authority: Multiple Award Schedule Program (FAR 8.405-6)

Estimated Contract Cost (including options):

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Description of Limitation:

The 99th Contracting Squadron intends to award this new requirement as a sole source, firm fixed price (FFP) purchase order to MCS of Tampa, Inc. vis GSA schedule 47QTCA22D009G.

COORDINATION (AFFARS 5306.304(a))

Date

16 Sep 2024

Contracting Officer

JULIA A. PETTIT, CIV, DAF

99 CONS/PKC,

Signature

Date

17 Sep 2024

Small Business Professional

CALEY S. HORTON, CIV, DAF

99 CONS/CD,

Signature

APPROVAL (AFFARS 5306.304(a))

Date

17 Sep 2024

Chief of the Contracting Office (COCO)

JUSTIN T. SCHNEIDER, Lt Col, USAF

99 CONS.CC,

Signature

PETTIT.JULIA.A.12399146

Digitally signed by

PETTIT.JULIA.A.1239914680

HORTON.CALEY.SUNG MEE

CYPHERS.1274810625

Digitally signed by HORTON.CALEY.SUNG

MEE CYPHERS.1274810625

Date: 2024.09.17 12:51:36 -07'00'

SCHNEIDER.JUSTIN.THOM

AS.1374251976

Digitally signed by

SCHNEIDER.JUSTIN.THOMAS.1374251976

Date: 2024.09.17 13:48:43 -07'00'

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( See guidance at the end of this document for completing the following sections. )

I. Contracting Activity.

The Department of the Air Force (DAF), 99th Contracting Squadron Commodities Team (99CONS/PKC), Nellis Air Force Base (AFB), NV, is responsible for this Sole Source Justification - Simplified Procedures for Certain Commercial Items.

II. Nature and/or description of the action being processed.

The 99th Contracting Squadron intends to award this new requirement as a sole source, firm fixed price (FFP) purchase order to MCS of Tampa, Inc..

Estimated Period of Performance : 150 Days After Receipt of Order

The Las Vegas Regional Command Post (LVRCP) has requested for the purchase, delivery, and installation of hardware and software for the Unify OpenScape Command and Control dispatch communications system.

III. Description of supplies/services required to meet agency needs.

The LVRCP requires a system upgrade and maintenance service due to end of life of the current equipment, and no option to renew the maintenance and service contract. The new system will be installed in the Primary and Alternate Command Posts, building 260 and 2345, on Nellis AFB. The new system will allow the LVRCP to have direct lines to all operational organizations inclusive of Security Forces, Fire Department, Medical and other base mission and mission support functions as outlined in AFMAN 10-207 para 5.3.4 and 5.3.4.1. There are 13 items that are required to be Brand Name: Unify, highlighted in yellow in Attachment 1. Unify manufactures OpenScape, the only software utilized by all USAF CONUS Command Posts and is extremely important in emergency situations. It is critical that Command Post Personnel utilize a software that they are trained on and familiar with.

This requirement consists of various equipment/materials along with peripherals and incidental service. The complete detailed list and descriptions can be found in Attachment 1 - Specification.

Total Price: $313,598.19

This requirement will be funded fully with Department of the Air Force, Operation and Maintenance funds (57*3400) in its entirety.

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

FAR 8.405-6 requires an ordering activity to justify its actions when restricting consideration of schedule contractors to fewer than required in FAR 8.405-1 or 8.405-2.

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".

Unify is the sole manufacturer of OpenSpace. A letter from Mitel, the parent organization of Unify Inc., states that MCS of Tampa, Inc. is Unify's only "Master Service Provider" that employs trained and qualified resource(s) on the Unify OpenScape Xpert Product who also have the appropriate security clearance required for the United States Air Force. A "Master Service Provider" means that MCS of Tampa's sales and technical personnel have completed and passed Unify's training curriculum to allow them to install and maintain Unify products. Without this training MCS of Tampa would not be approved to install or maintain any Unify products. MCS of Tampa's personnel already have the DoD IT Secret Clearances required to both install and support the systems on the network.

Unify and MCS of Tampa's engineers and project managers also have specific technical expertise of the products, installation, data and functionality. This expertise is critical during emergency situations, when it is essential to restore the proper operation and function of systems as quickly as possible.

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V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with

FAR 8.404(d).

All required items on GSA schedule 47QTCA22D009G have been deemed fair and reasonable by GSA. Prior to award, the contracting officer shall determine costs of all other items, not on the schedule, to be fair and reasonable. Procedures outlined in FAR 13.106-3(a) shall be followed.

VI. Description of the market research conducted and the results, or explain why market research was not conducted.

A search via government database, FPDS-NG, has determined that his requirement shall be solicited as a sole source to MCS of Tampa under the NAICS 334210 and FSC 7G21. Within the past three years, the DoD has awarded 9 contracts to MCS of Tampa for similar or like requirements. Of the 9 DoD awarded contracts; 3 were awarded on a sole source basis, 3 were solicited as full and open with no set-aside and received only 1 quote, and 3 were solicited as small business set-asides and received only 1 quote.

VII. Other facts supporting the justification.

Market research conducted supports the award of this requirement on a sole source basis to MCS of Tampa as directed by

13.501. MCS of Tampa has an existing GSA Schedule, 47QTCA22D009G, that the majority of the items required can be purchased from.

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

In the future, continual market research shall be performed for similar or like requirements to ascertain if other manufacturers/distributors are entering these specified markets that can meet the AFI and/or DoDI standards/requirements.

Additional market research shall also be conducted to determine if there are other brands available for future similar or like requirement that will neither hinder the mission of the customer nor increase the cost/price for the government.

IX. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

X. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

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GUIDANCE

I. Contracting Activity.

Fully identify the contracting activity responsible for the proposed contracting action. Include the name/phone number of the Contracting Officer. Specifically identify as a “Limited Sources” Justification. Identify purchase request number, if applicable.

II. Nature and/or description of the action being processed.

State whether the action is a new order or by modification to an existing order. Identify the GSA schedule number, the Blanket Purchase Agreement (BPA) number, the order number for the current action, and the Contactor(s). Indicate the Period of Performance (PoP). Also identify the type of the order/line items on the order (e.g. Firm Fixed Price, Labor Hour, etc).

III. Description of the supplies/services required to meet agency needs.

Specifically describe the supplies and/or services to be acquired including the price and quantity of each item in the order and state the total estimated value of the order. For services, state whether the services are performance-based and, if not, provide rationale for not being performance based. Also state the delivery/performance schedule/period for the items under the order.

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

This section is normally the most detailed part of the justification. To assist you in preparing this justification, an introductory sentence and the four circumstances of FAR 8.405-6 that justify restricting the number of schedule holders are provided below. Select the appropriate cite, then provide, in narrative form, a detailed explanation supporting the specific circumstance cited for limiting the number of schedule holders.

(Introductory sentence) FAR 8.405-6 requires an ordering activity to justify its actions when restricting consideration of schedule contractors to fewer than required in FAR 8.405-1 or 8.405-2.

After selecting the appropriate cite, next select one of the four sentences below and provide a detailed explanation supporting the specific circumstance cited.

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”. (Provide a detailed justification with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement.

The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements are not acceptable.)

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 was not issued under sole source or limited source procedures. (Provide details on the previously competed order and explain how this order is a logical follow-on to that order. Explain fully the connection between the previous work/order and the current one.

The user/customer typically provides this supporting information. General statements are not acceptable.)

FAR 8.405-6(a)(1)(i)(A), “An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.” (Provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the schedule impact if time were to be taken to follow FSS ordering procedures. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.)

FAR 8.405-6(b)(1), “The item is 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 should not be used unless the particular brand name, product or feature is essential to the Government's requirements. Therefore, explain why the particular brand item is essential to the Government's requirements, and why other companies' similar items, or products lacking the particular feature, do not meet, or

April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 6April 2021 CONTROLLED UNCLASSIFIED INFORMATION Page 5 of 6 cannot meet, or cannot be modified to meet, the agency's need. The user/customer typically provides this supporting information.

General statements are not acceptable.)

V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with

FAR 8.404(d).

This section needs to be tailored based upon whether the order is for supplies/services not requiring a statement of work (FAR 8.405-1) or if the order is for services requiring a statement of work (FAR 8.405-2).

For FAR 8.405-1 orders the best value determination needs to be based upon the supply or service offered under MAS contracts by surveying at least three schedule contractors through the GSA Advantage! on-line shopping service, or by reviewing the catalogs or price lists of at least three schedule contractors. The ordering Contracting Officer's review of the Contractor's price list(s) and any price reductions sought is also required. (Contracting Officer should seek additional price discounts/concessions based on the specific order requirements on all orders over the micro-purchase threshold.) In addition to price, when determining best value, the ordering activity may consider, among other factors, past performance, special features of the supply or service required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, environmental and energy efficiency considerations, and delivery terms.

When an order contains brand name specifications, the Contracting Officer shall post the Request for Quote (RFQ) along with the basis of the justification as required by FAR 8.405-6(b)(3).

For FAR 8.405-2 orders for services requiring a statement of work, FAR 8.405-2(d) requires that an evaluation be performed based on the criteria provided to the schedule contractors. Therefore, the justification must address how the FAR 8.404(d) requirement for an evaluation of the proposed level of effort and mix of labor will be conducted and include a statement that the Contracting Officer will perform a price reasonableness determination as part of the best value determination.

VI. Description of the market research conducted and the results, or explain why market research was not conducted.

Discuss market research that was conducted among schedule holders and the market research results that led to the conclusion to go sole source or to limit the number of schedule holders to be solicited. The narrative in this section should provide a high level of confidence that the requirements of 8.405-1 and 8.405-2 could not be met. If no market research was conducted, state so and provide the rationale.

VII. Other facts supporting the justification.

When FAR 8.405-6(a)(1)(i)(C) is cited for an follow-on acquisition as the basis for the justification, include an estimate of the cost that would be duplicated and the basis and derivation of the estimate, or provide details on why a delay to solicit additional schedule holders would be unacceptable.

Provide any other facts supporting the Limited Sources Justification.

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

Describe all efforts to be taken to remove or overcome any barriers that preclude the agency from meeting the requirements of FAR 8.405-1and FAR 8.405-2 before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.

IX. Certification by the Contracting Officer.

The contracting officer's signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

X. Certification by the technical/requirements personnel

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As evidenced by their signatures on the signature page, the technical/requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.