Attachment 3 - Redacted BNO JA.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

CONTROLLED UNCLASSIFIED INFORMATION

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V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Cisco and Juniper BNO hardware is required for HQ AMC/A4PI to continue operations of existing network infrastructure built on the Original Equipment Manufacturer (OEM) equipment and to maintain the integrity of the current manufacturer warranty in support of the existing OEM equipment. Only Cisco and Juniper certified resellers may provide Cisco and Juniper OEM products without voiding current warranties. Interoperability between Cisco and Juniper switches is based on the software version that is running on each switch. Since the networks at the delivery locations are OEM branded and contain proprietary information, no other brands of network switches can satisfy this portion of the requirement.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

Efforts to preclude future Brand Name awards are limited to existing network infrastructure requirements. Until existing network infrastructure becomes OEM non-specific, BNO Juniper and Cisco Switches will continue to be an HQ AMC/A4PI need. However, this requirement will be solicited on Sam.gov as a competitive 100% Hubzone set-aside.

Based on Market Research, it is anticipated that two or more proposals will be submitted by Small Businesses in response to the Simplified Acquisition Proposal Request (SAPR).

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

As this requirement will be competed among small businesses, price reasonableness will be based on competitive offers. It is anticipated that two or more proposals will be submitted, however, if only one response is received, the Contracting Officer will include a statement of price reasonableness in the contract file, which will be based on one or more of the fair and reasonable price analysis techniques listed in FAR 13.106-3(a)(2).

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Three sources sought notices were posted for this requirement. One on sam.gov and two on GSA eBuy through the Multiple Award Schedule (MAS) and 2GIT. In response to the sources sought notices, responses were received from sam.gov, responses from MAS, and from 2GIT. After review of the capability packages, the Government determined only one could fulfill the requirement from GSA MAS, therefore it was determined that posting the solicitation to sam.gov would result in two or more responses.

Based on the capability review, were deemed capable ( Hubzones & WOSBs). Due to the 763 Small Business goals and maximizing competition, the Government determined that a 100% Hubzone Set-aside would be most appropriate for this action.

Nonmanufacturer Rule (NMR): According to FAR 19.505(c)(1)(i), any concern, including a supplier, that is awarded a contract or order subject to the nonmanufacturer rule, other than construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is required to provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas. NAICS 334112 Computer Storage Device Manufacturing was determined for this effort. Under the U.S. Small Business Administration (SBA) NMR class waiver list, NAICS 334112 was registered 04 August 2010 in the NMR Class Waiver Database for Automated Data Processing (ADP) Input/Output and Storage Devices as well as ADP Support Equipment. The CO verified with the Mission Partner that Laptop Cabinets and BNO Switches were considered (ADP) to which the Mission Partner confirmed they were.

Therefore, FAR 19.505(c)(4)(A) Class Waiver applies to this acquisition allowing the non-manufacturer to provide an end item of another than small business without regard to the place of manufacture, processing, or

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire) (10 U.S.C. 3204)

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

(FAR 6.303-2(b)(6))

Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. Although Market Research is covered in Section VIII, the information in Section VI should correlate with the Market Research described in Section VI. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. Reference FAR 13.105, Synopsis and Posting Requirements.

Other Actions. In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

Qualifying Country Sources. If qualifying country sources have expressed interest, but are to be excluded, provide supporting rationale.

VII. Determination by the Contracting Officer that the anticipated cost to the government will be fair and reasonable. (FAR 6.303-2(b)(7))

Include a statement by the contracting officer that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits.

VIII. Description of the market research conducted and the results, or explain why market research was not conducted. (FAR 6.303-2(b)(8))

Generally, some form of market research should be conducted. Discuss any market research conducted pursuant to FAR Part 10 and describe results of that research. Market research is any effort undertaken to determine if sources capable of satisfying the agency's requirements exist and to determine if commercial items or non-developmental items are either available or can be modified so that they will satisfy the agency's needs. Market research should be focused not only on identifying alternate sources, but also on alternate equipment or substitutes that might fulfill the Government needs with only minor modification.

Regardless of the approach used, the results should provide a high level of confidence that no other qualified sources exist.

When other exceptions from the requirement to obtain full and open competition are relied upon, the market research might be limited to an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar items.

If no market research was conducted, so state and provide the rationale.

IX. Any other facts supporting the use of Other Than Full and Open Competition. (FAR 6.303-2(b)(9)(i))

Provide any other facts supporting the use of other than full and open competition, including an explanation of why technical data packages, specifications, engineering descriptions, statements of work, statements of objectives, or purchase descriptions suitable for full and open competition have not been developed, are not being developed, are not being used, or are not available.

X. List of sources, if any, that expressed interest in the acquisition. (FAR 6.303-2(b)(10))

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

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If a sources sought synopsis was done and all interested sources are included in Section VI, it is acceptable to state, “See Section VI above.”

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required. (FAR 6.303-2(b)(11))

Describe any actions taken or to be taken to foster competition for future acquisitions of the supplies or services being acquired.

Describe potential actions that could be taken to remove the barriers to competition that have been identified in the justification and include a milestone schedule, where available, for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and provide the planned award date, or state that the Government will attempt to acquire rights in technical data and computer software sufficient to compete follow-on acquisitions as a priced option in the contract action that is the subject of this Justification, or (if applicable) state how the Government intends to challenge nonconforming markings on technical data and computer software delivered to it under previous contracts so those markings can be removed in order that the technical data and computer software may be used in support of a follow-on competitive acquisition, or describe plans to qualify additional sources.

Address efforts to ensure competition for future spare parts and maintenance in support of systems or equipment covered by the justification, even when these acquisitions will be accomplished by other organizations. Include a discussion on available breakout data.

If no actions are planned, so state and provide reasons. If approval is sought for more than one year, explain why a sole source effort is required for the planned time duration.

For a non-competitive follow-on acquisition to a previous award for the same supply or service supported by a Justification citing the same authority, include a discussion of the actions planned to overcome barriers to competition established in the previous justification, the status of those actions, and the results of those actions. The approval authority shall determine whether the planned actions were completed. If the planned actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 13.501(a)(2)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

[DFARS 213.501(a) and DFARS PGI 206.304(a)(S-70)(ii)]

XII. Certification by the Contracting Officer. (FAR 6.303-2(b)(12))

As evidenced by his/her signature, the contracting officer has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

XIII. Certification by the technical/requirements personnel. (FAR 6.303-2(c))

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