Attachment 4 Limiting-Competition-under-SAT_ACC_22-R-VMSU_12JUL2022_Redacted.pdf

Control No: 21-R-VMSU

Version – February 2017

Memorandum for Record – Limiting Competition at or below the Simplified

Acquisition Threshold

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command – Fort Sam Houston (MICC-FSH), 2205 Infantry Post Road, JBSA Fort Sam Houston, Texas 78234-1361.

2. Description of Action: Upgrade of Video Management System with SMG WAVEPRO 4, 8, and 48 Channel Software Licenses.

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number 0011797573

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 Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________ FY: 2022

Name of Proposed Contractor(s) and Address: Not Applicable

Brand Name Buy: Yes No

3. Description of Services or Supplies: The requirement is for brand name software licenses, Hanwha Server Management Group (SMG) Wavepro software maintenance licenses.

Description Part Number QTY Unit Price

Estimate Cost

HANWHA SMG WAVEPRO

48 Channel Software

WAVE-PRO-48 31

SMG WAVEPRO 48

Channel Software

WAVE-PRO-08 1

SMG WAVEPRO 48

Channel Software

WAVE-PRO-04 1

Total Cost

4. Authority:

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.

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:

a. This requirement is to acquire SMG WAVEPRO 4, 8 and 48 channel software licenses and fees to maintain the current electronic security system (ESS) equipment. The ESS requires brand name software to maintain propriety compatibility. There are no open market generic software upgrades available to update our brand name ESS due to exclusive and propriety information necessary to provide such service. Hence, the Government needs brand name software to service our brand name products to ensure effective maintenance and operation.

Due the brand name equipment, software licenses specific to the current brand name equipment used is required. Mission critical maintenance and support services are needed for the brand name.

b. Justification: The employment of SMG WAVEPRO software update is critical to the operation, maintenance, and upkeep of the MEDCoE ESS infrastructure. This software will ensure the ESS technicians are able to operate systems and ensure the command’s execution and compliance with TRADOC 350-6 “separate and secure” standards are met IAW AR 190 series (physical security) regulatory requirements.

c. Impact. Failure to obtain the name brand software will result in the high potential for an unacceptable level of system operation and functionality as well as the degradation of the command security posture for the IET population as well as all personnel assigned to this command.

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 ______________________. (Fill in exception).

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: Based on the estimated dollar value and overall scope of this requirement, sufficient market research has been conducted. This requirement has been determined to be commercial in nature. A brand name justification and approval has been submitted. To produce an increase in competition, recommend that no set-aside be mandated for this requirement. Recommend the requirement be solicited on www.sam.gov, as a full and open competition.

IAW Defense Federal Acquisition Regulation Supplement (DFARS) 205.205-71, DFARS 206.302-1(d), and DFARS Procedures, Guidance, and Information (PGI) 206.302-1(d), the requesting activity (RA) has provided a statement of non-availability (SoNA) from CHESS office and/or vendor quote for contracted services in accordance with the Secretary of the Army Waiver Process for COTS-Information Technology Procurement Outside the CHESS Program. All procurements for ESS software require this approval memorandum with or without a CHESS SoNA. The waiver number is 20220509032521129, dated 09 May 2022.

8. Other Facts: Not Applicable.

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.

Date: See Digital Signature

Contracting Officer Representative

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 and cost analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source 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.

Date: See Digital Signature

SYLVIA FARMER

Contracting Officer