Brand Name Justification and Approval Signed.pdf

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Attached to
TRX Daps II
Solicitation number
H92421-24-P-0014
Issued by

About this file

This document is a Justification and Approval (J&A) for a brand name purchase of the TRX DAPS II handheld communications system for the 1st Special Forces Command (Airborne), Headquarters. The J&A cites FAR 11.105 and FAR 6.302-1 as the authority for the brand name requirement, as the Slingshot brand is the only system compatible with the existing communications infrastructure and coalition partner integration. The estimated contract value is $15,600. The procurement will be awarded on a sole source basis under solicitation H92421-24-P-0014 to an unnamed vendor. The J&A provides details on the technical requirements, market research, and fair and reasonable cost determination. It outlines the rationale for the brand name justification, noting that without this system, the customer's communications capabilities would be severely limited.

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FOR OFFICIAL USE ONLY - J&A No.

FOR OFFICIAL USE ONLY - J&A No. Amendment Page of V1.4, 12 Jul 19 United States Special Operations Command (USSOCOM) Justification and Approval (J&A) Document Template Type J&A: ( or ) Bridge Action: ( or ) Greater than 12 Months: ( or ) J&A No.

Generated when entered in log J&A No.

Amendment No.

This is an interactive form that will auto populate in accordance with the Authority, Office and Estimated Contract Cost. For the form to populate, you will need to input at a minimum of the following:

1) Authority

2) Bridge Action (Yes or No)

3) Greater than 12 Months (Yes or No)

4) Office (This will tell the form what approval levels of authority and document review to use)

5) Estimated Contract Cost (This will tell the form what review/ approval blocks to populate)

The POC for this form is SOF ATL-KX @ michael.c.watson.civ@socom.mil (813) 826-6852 and trevor.money@socom.mil (813) 826-6491.

For policy related questions, please contact Michelle Cames @ michelle.cames@socom.mil (813) 826-0034.

Justification for Other Than Full and Open Competition

1. Agency and Contracting Activity: (FAR 6.303-2(b)(1))

2. Description of Action: (FAR 6.303-2(b)(2))

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

4. Authority Cited: (FAR 6.303-2(b)(4)) 10 U.S.C 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, as implemented by FAR 6.302-1 (NOTE: For a non-competitive follow-on acquisition to a previous award for the same supply or service, supported by a justification for other than full and open competition citing the authority at FAR 6.302-1, follow the procedures at PGI 206.304(a)(S-70))

10 U.S.C 2304(c)(2), Unusual and Compelling Urgency, as implemented by FAR 6.302-2 (NOTE: Performance may not exceed 12 months unless approval by the HCA (see FAR 6.302-2(d)(1)-(2). HCA approval signature for the determination of exceptional circumstances will be done in block 16) 10 U.S.C 2304(c)(3), Industrial Mobilization; Engineering, Developmental, or Research Capability; or Expert Services, as implemented by FAR 6.302-3 10 U.S.C 2304(c)(4), International Agreement, as implemented by FAR 6.302-4 10 U.S.C 2304(c)(5), Authorized or Required by Statute, as implemented by FAR 6.302-5 10 U.S.C 2304(c)(6), National Security, as implemented by FAR 6.302-6 10 U.S.C 2304(c)(7), Public Interest, as implemented by FAR 6.302-7

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

7. Market Research: (FAR 6.303-2(b)(8))

8. Other Authorities/Factors: (FAR 6.303-2(b)(9)) (If additional authority(ies) for “Other than full and open competition” applies to this J&A, or a secondary authority, identify the additional statutory authority(ies) permitting other than full and open competition, followed by the FAR citation title and FAR citation. If multiple secondary authorities apply, cite the applicability in order of precedence, i.e., 6.302-2 Unusual and Compelling Urgency then 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Select from the list of seven options below and follow with a full explanation of the facts and circumstances applicable to each of the secondary authority(ies) cited.)

9. Interested Sources: (FAR 6.303-2(b)(10))

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days.

9. Technical and Requirements Certification: (FAR 6.303-2(c)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a. If it does not require USSOCOM Agency Advocate for Competition (AAC) approval, then an RAO commensurate with the Chief of the Contracting Office.)

b. If the AAC or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.

c. If the Senior Procurement Exectutive (SPE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

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.

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

12. Contracting Officer Certification: (FAR 6.303-2(b)(12)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

Limited Sources Justification Under the General Service Administration Federal Supply Schedule Program

1. Agency and Contracting Activity: (FAR 8.405-6(c)(2)(i))

2. Description of Action: (FAR 8.405-6(c)(2)(ii))

3. Description of Supplies/Services: (FAR 8.405-6(c)(2)(iii))

4. Authority Cited Permitting Limited Sources: (FAR 8.405-6(c)(1)(i)) (Identify the citation permitting limited sources. This section is normally the most detailed part of the justification. To assist you in preparing this justification, an introductory sentence for each of the FAR 8.405-6(a)(1)(i) circumstances for limiting sources are provided below.

5. Efforts/Actions to Increase Competition: (FAR 8.405-6(c)(2)(viii))

6. Market Research: (FAR 8.405-6(c)(2)(vi))

7. Interested Sources:

8. Other Facts Supporting the Justification: (FAR 8.405-6(c)(2)(vii)) (If additional authority(ies) for “Other than full and open competition” applies to this J&A, or a secondary authority, identify the additional statutory authority(ies) permitting other than full and open competition, followed by the FAR citation title and FAR citation. If multiple secondary authorities apply, cite the applicability in order of precedence, i.e., 6.302-2 Unusual and Compelling Urgency then 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Select from the list of seven options below and follow with a full explanation of the facts and circumstances applicable to each of the secondary authority(ies) cited.)

9. Technical and Requirements Certification: (FAR 8.405-6(c)(2)(x)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a. If it does not require USSOCOM Agency Advocate for Competition approval, then an RAO commensurate with the Chief of the Contracting Office.)

b. If the AAC or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.

c. If the Senior Procurement Executive (SPE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

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.

10. Fair and Reasonable Cost Determination: DFARS 216.505-70(d)(3))

11. Contracting Officer Certification: (FAR 8.405-6(c)(2)(ix)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

Simplified Procedures for Sole Source Justification

1. Agency and Contracting Activity:

2. Description of Action: (FAR 6.303-2(b)(2))

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

4. Authority Cited:

FAR 13.106-1(b)(1):

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

7. Market Research: (FAR 6.303-2(b)(8))

8. Other Authorities/Factors: (FAR 6.303-2(b)(9)) (If additional authority(ies) for “Other than full and open competition” applies to this J&A, or a secondary authority, identify the additional statutory authority(ies) permitting other than full and open competition, followed by the FAR citation title and FAR citation. If multiple secondary authorities apply, cite the applicability in order of precedence, i.e., 6.302-2 Unusual and Compelling Urgency then 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Select from the list of seven options below and follow with a full explanation of the facts and circumstances applicable to each of the secondary authority(ies) cited.)

9. Interested Sources: (FAR 6.303-2(b)(10))

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days.

10. Technical and Requirements Certification:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

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.

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

12. Contracting Officer Certification:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

Simplified Procedures for Certain Commercial Items Sole Source Justification

1. Agency and Contracting Activity:

2. Description of Action: (FAR 6.303-2(b)(2))

3. Description of Supplies/Services: (FAR 6.303-2(b)(3))

4. Authority Cited:

41 U.S.C. 1901 (or 41 U.S.C. 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5:

5. Reason for Authority Cited: (FAR 6.303-2(b)(5))

6. Efforts/Actions to Increase Competition: (FAR 6.303-2(b)(6) & (11))

7. Market Research: (FAR 6.303-2(b)(8))

8. Other Authorities/Factors: (FAR 6.303-2(b)(9)) (If additional authority(ies) for “Other than full and open competition” applies to this J&A, or a secondary authority, identify the additional statutory authority(ies) permitting other than full and open competition, followed by the FAR citation title and FAR citation. If multiple secondary authorities apply, cite the applicability in order of precedence, i.e., 6.302-2 Unusual and Compelling Urgency then 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Select from the list of seven options below and follow with a full explanation of the facts and circumstances applicable to each of the secondary authority(ies) cited.)

9. Interested Sources: (FAR 6.303-2(b)(10))

NOTICE 1

Prior to approval, J&As will be screened to identify proprietary data and information exempted from disclosure by 5 U.S.C. 552, Freedom of Information Act, so that the final J&A may be prepared for required posting to FedBizOpps IAW Section 844 of NDAA 2009 as implemented via DPAP Memo, Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts, dated 13 February 2009. J&As shall be posted to FedBizOpps within 14 days unless 10 U.S.C 2304(c)(2), Unusual and Compelling Urgency is cited. In that particular case the J&A will be posted within 30 days.

10. Technical and Requirements Certification:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

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.

11. Fair and Reasonable Cost Determination: (FAR 6.303-2(b)(7))

12. Contracting Officer Certification:

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

Fair Opportunity Exception

1. Agency and Contracting Activity: (FAR 16.505(b)(2)(ii)(B)(1))

2. Description of Action: (FAR 16.505(b)(2)(ii)(B)(3))

3. Description of Supplies/Services: (FAR 16.505(b)(2)(ii)(B)(2))

4. Authority Cited Permitting Fair Opportunity Exception and Rationale: (FAR 16.505(b)(2)(ii)(B)(4))

5. Efforts/Actions to Increase Competition: (FAR 16.505(b)(2)(ii)(B)(7))

6. Market Research: (FAR 8.405-6(c)(2)(vi))

7. Interested Sources:

8. Other Facts Supporting the Justification: (FAR 16.505(b)(2)(ii)(B)(6)) (If additional authority(ies) for “Other than full and open competition” applies to this J&A, or a secondary authority, identify the additional statutory authority(ies) permitting other than full and open competition, followed by the FAR citation title and FAR citation. If multiple secondary authorities apply, cite the applicability in order of precedence, i.e., 6.302-2 Unusual and Compelling Urgency then 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Select from the list of seven options below and follow with a full explanation of the facts and circumstances applicable to each of the secondary authority(ies) cited.)

9. Technical and Requirements Certification: (FAR 16.505(b)(2)(ii)(B)(9)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

(This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a. If it does not require USSOCOM Agency Advocate for Competition approval, then an RAO commensurate with the Chief of the Contracting Office.)

b. If the AAC or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.

c. If the Senior Procurement Executive (SPE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

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.

10. Fair and Reasonable Cost Determination: (FAR 16.505(b)(2)(ii)(B)(5))

11. Contracting Officer Certification: (FAR 16.505(b)(2)(ii)(B)(8)) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

HCD/FCO Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I have reviewed this document and find the J&A adequate to support other than full and open competition:

Legal Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition:

SOF AT&L-KM/KX/KB Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I have reviewed this document and find the J&A adequate to support other than full and open competition:

N01C/N01C-D Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I have reviewed this document and find the J&A adequate to support other than full and open competition:

ACC Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I have reviewed this document and find the J&A adequate to support other than full and open competition:

DOP Review: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I have reviewed this document and find the J&A adequate to support other than full and open competition:

Procuring Activity Authority for Competition (PAAC) Approval: (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I have reviewed this document and find the J&A adequate to support other than full and open competition:

Agency Advocate for Competition (ACC) Approval: (If over Procuring Activity Authority for Competition Authority (PAAC), [see SOFARS 5601-1 for your component's approval authorities], up to $13.5M. Note AAC must also sign above $13.5M. (SOFARS 5601-1) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

I have reviewed this document and find the J&A adequate to support other than full and open competition.

Head of Contracting Authority (HCA) Approval: Over $13.5M to $93M (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

Senior Procurement Executive (SPE) Approval: Over $93M or Bridging Action (any dollar value) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

HCA FAR 6.302-2 Approval: (Required when performance exceeds 12 months, regardless of contract amount) (This should be signed by a Requiring Activity Official (RAO) at a level commensurate with the ultimate approving authority:

a.If it does not require USSOCOM Competition Advocate General (CAG) approval, then an RAO commensurate with the Chief of the Contracting Office.)
b.If the CAG or Head of Contracting Activity (HCA) must approve, then the RAO must be an 0-6 or equivalent.
c.If the Acquisition Executive (AE) must approve, then the RAO must be at the level of Program Executive Officer, Director, Commander, Chief of Staff, or equivalent.)

11.0.1.20130826.2.901444.899636

JANumber: 3916
AmendmentNumber:
CurrentPage:
PageCount:
Classified:
SaveBTN:
ClearFormBTN:
PrintButton1:
EmailSubmitButton1:
AuthorityList: FAR 13.106-1(b)(1) Only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.
IndividualRB:
ClassRB:
AmendmentCB: 0
BridgeYes: 0
BridgeNo: 1
Greaterthan12MoYes: 0
Greaterthan12MoNo: 1
GeneralFeedbackBTN:
GeneralFeedback:
OfficeList: USASOC
Project: TRX DAPS II
Componet:
EstimatedCost: 15600.00000000
ClassifiedCB: 0
Section1SFFeedbackBTN:
Section1AgencyText: 905th CBN

X4047 New Dawn Ave Fort Liberty, NC 28310 Section1CActivityText: 905th CBN X4047 New Dawn Ave Fort Liberty, NC 28310

Section1SFFeedbackText:
Section2SFFeedbackBTN:
Section2Text: 1st Special Forces Command (Airborne), Headquarters requests a brand name purchase of TRX DAPS II based on SOJTF-C not organically owning any expeditionary communications capabilities or transport methods. As a means to mitigate, the SOJTF-C would require a dedicated CSU/CSC on perpetual orders to provide 24/7 communications support in response to any contingency missions. This is not a sustainable means to mitigate this deficiency. This solution will provide multiple possibilities for communications systems to enable the SOJTF-C to conduct Mission Command in both training and named operations.
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Section3Text: One (1) TRX-DAPS-23D: TRX DAPS II Handheld Dismounted Assured PNT System (DAPS) II with

M-code and other complementary PNT sources; each kit includes (1) Garmin Tactix Watch with DAPS software load, (1) MOLLE carrying pouch, (2) rechargeable 11W/hr STUB batteries with (1) USB charging cable, (1) Rapidmate to Nett Warrior power/data cable, (1) ruggedized transport case. *Includes 4 hours of training and technical support delivered virtually. *Export Controlled

One (1)RX-DAPS-0102: DAPS Programming/Keyfill Cable; Rapidmate to J2 compatible DE-15 and DS-101 keyfill (6-pin connector)

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Section5Text: (Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractors’ unique qualifications for fulfilling the contract requirements. Note, only the one authority cited above may be addressed here, if more than one authority applies, cite and discuss the basis for use of them in Section 8, Other Facts.)

(NOTE: Agencies shall request offers from as many potential sources as is practicable under the circumstances, otherwise FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, must be cited and justified in Section 8, Other Facts.)

(For guidance, the three authorities used most often are cited in the following general order of precedence: (1) FAR 6.302-6 - National Security; (2) FAR 6.302-2 - Unusual and Compelling Urgency; and (3) FAR 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For example, if all three were to apply to a given procurement, FAR 6.302-6 - National Security would be cited here and the remaining two would be cited in order or precedence in Section 8, Other Facts.)

Section5Text: a. The TRX DAPS II

b. The "TRX DAPS II" brand name emphasizes the flexibility

c. IAW FAR 11.105 Items peculiar to one manufacturer (not a single vendor), (a)(2)(i) states "the authority to contract [for brand name] without providing for full and open competition is ... 6.302-1" and (a)(2)(ii) states 13.106.1 (b ).

d. Due to the fact that "Brand Name" is used in various sections, but not formally defined in the FAR, SOFARS, DFARS, or AFARS, the precedent of what a "Brand Name" is stems from FAR 6.302-1 "Only one responsible source ... "; whereby (a)(2) and(b)(1 )(ii) states "only one responsible source, or for ... Department of Defense (DoD) ... ,from only one or a limited number of responsible sources ... " Additionally, (c)(1 )(i) further explains that a [brand name description] "Does not provide for full and open competition, regardless of the number of sources solicited."

e. Therefore, with the reference to 13.106-1 (b) in FAR 11.105, and the precedent set by FAR 6.302-1 that brand name for DoD is from one or a limited number, it is reasonably concluded that when FAR 13.106-1 (b )( 1) states that "brand name" is an example of and included in "soliciting from a single source", that portion for DoD usage extends to multiple sources that can provide the "Brand Name" item.

f. Impact If Not Supported: 1st Special Forces Command (Airborne) will be unable to conduct Mission Command as a deployable contingency element.

Section5Text: a. The Slingshot antenna systems are currently being utilized in theater. These systems allow for CJOA C2 communication to continue transitioning away from failing legacy satellite constellations, over to newer more reliable satellites. Slingshot will also permit the integration of US and nine coalition partner communication platforms into a common architecture, providing Beyond-Line-of-sight (BLOS) communication across the CJOA. Under current circumstances, the Slingshot brand name specifications are the only brand that can meet the government's requirement to integrate US and coalition partner communications. No other known brand of equipment is compatible with the current COMSAT service and existing equipment.

b. The "Slingshot Kits" brand name emphasizes the flexibility and customization of the communication system, highlighting its ability to be configured and adapted for various scenarios. The name also suggests ease of use and quick deployment, which are critical factors for military personnel who require reliable communication systems in challenging environments.

c. IIAW FAR 11.105 Items peculiar to one manufacturer (not a single vendor), (a)(2)(i) states "the authority to contract [for brand name] without providing for full and open competition is ... 6.302-1" and (a)(2)(ii) states 13.106.1 (b ).

d. Due to the fact that "Brand Name" is used in various sections, but not formally defined in the FAR, SOFARS, DFARS, or AFARS, the precedent of what a "Brand Name" is stems from FAR 6.302-1 "Only one responsible source ... "; whereby (a)(2) and(b)(1 )(ii) states "only one responsible source, or for ... DoD ... ,from only one or a limited number of responsible sources ... " Additionally, (c)(1 )(i) further explains that a [brand name description] "Does not provide for full and open competition, regardless of the number of sources solicited."

e. Therefore, with the reference to 13.106-1 (b) in FAR 11.105, and the precedent set by FAR 6.302-1 that brand name for DoD is from one or a limited number, it is reasonably concluded that when FAR 13.106-1 (b )( 1) states that "brand name" is an example of and included in "soliciting from a single source", that that portion for DoD usage extends to multiple sources that can provide the "Brand Name" item.

f. Without this brand name requirement, the customer's communicate capabilities will be severely limited.

g. Overall, the "Slingshot Kits" brand name is an appropriate and effective choice for Beyond Line of Sight communications for special operations forces, as it emphasizes the product's flexibility, customization, reliability, and ease of use in challenging environments. The brand name highlights the versatility of the communication system and its ability to meet the unique needs of SOF operators in a variety of scenarios, with technical specifications that ensure optimal performance and reliability.

Section5_6_302-1: (Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractors’ unique qualifications for fulfilling the contract requirements. Note, only the one authority cited above may be addressed here, if more than one authority applies, cite and discuss the basis for use of them in Section 8, Other Facts.)

(If the authority FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, is cited for a follow-on acquisition, include the estimate of the cost to the Government that would be duplicated and how the estimate was derived. NOTE: The inability of more than one contractor to meet the required delivery schedule would be justified under this authority.

(NOTE: Agencies shall request offers from as many potential sources as is practicable under the circumstances, otherwise FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, must be cited and justified in Section 8, Other Facts.)

(For guidance, the three authorities used most often are cited in the following general order of precedence: (1) FAR 6.302-6 - National Security; (2) FAR 6.302-2 - Unusual and Compelling Urgency; and (3) FAR 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For example, if all three were to apply to a given procurement, FAR 6.302-6 - National Security would be cited here and the remaining two would be cited in order or precedence in Section 8, Other Facts.)

Section5_6_302-1Bridge: (Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractors’ unique qualifications for fulfilling the contract requirements. Note, only the one authority cited above may be addressed here, if more than one authority applies, cite and discuss the basis for use of them in Section 8, Other Facts.)

(If the authority FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, is cited for a follow-on acquisition, include the estimate of the cost to the Government that would be duplicated and how the estimate was derived. NOTE: The inability of more than one contractor to meet the required delivery schedule would be justified under this authority. NOTE: If the J&A is for a bridge action, explain the rationale for issuing a bridge action (e.g. protest, inadequate planning, emerging technology, etc…), and the rationale for the length of the bridge action.)

(NOTE: Agencies shall request offers from as many potential sources as is practicable under the circumstances, otherwise FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, must be cited and justified in Section 8, Other Facts.)

(For guidance, the three authorities used most often are cited in the following general order of precedence: (1) FAR 6.302-6 - National Security; (2) FAR 6.302-2 - Unusual and Compelling Urgency; and (3) FAR 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For example, if all three were to apply to a given procurement, FAR 6.302-6 - National Security would be cited here and the remaining two would be cited in order or precedence in Section 8, Other Facts.)

Section5Text6_302-2: (Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractors’ unique qualifications for fulfilling the contract requirements. Note, only the one authority cited above may be addressed here, if more than one authority applies, cite and discuss the basis for use of them in Section 8, Other Facts.)

(If the authority FAR 6.302-2, Unusual and Compelling Urgency, is cited, include the required delivery schedule and lead-time involved as well as the discussion of the serious injury to the Government, e.g., loss of life, mission failure, etc., which would result if award of a contract is delayed. NOTE: USSOCOM is required to request offers from as many potential sources as is practicable under the circumstances, otherwise FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, must be cited and justified in Section 8, Other Facts.)

(NOTE: Agencies shall request offers from as many potential sources as is practicable under the circumstances, otherwise FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, must be cited and justified in Section 8, Other Facts.)

(For guidance, the three authorities used most often are cited in the following general order of precedence: (1) FAR 6.302-6 - National Security; (2) FAR 6.302-2 - Unusual and Compelling Urgency; and (3) FAR 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For example, if all three were to apply to a given procurement, FAR 6.302-6 - National Security would be cited here and the remaining two would be cited in order or precedence in Section 8, Other Facts.)

Section5Text6_302-6: (Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s), and include a discussion of the proposed contractors’ unique qualifications for fulfilling the contract requirements. Note, only the one authority cited above may be addressed here, if more than one authority applies, cite and discuss the basis for use of them in Section 8, Other Facts.)

(If the authority FAR 6.302-6, National Security, is cited, outline how disclosure of the Government’s needs would compromise the national security; the explanation should result in the J&A document being classified. When FAR 6.302-6, National Security, is cited, requiring activities should address program protection requirements as it relates to the Acquisition Strategy; relationship with the vendor, Procurement Vehicle (to include logistics tail); and Finance (payments/systems used, etc.). At a minimum, address the following elements related to the aforementioned areas:

What needs to be protected, Why it needs to be protected, At what level, and How will the information be protected)

(NOTE: Agencies shall request offers from as many potential sources as is practicable under the circumstances, otherwise FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements, must be cited and justified in Section 8, Other Facts.)

(For guidance, the three authorities used most often are cited in the following general order of precedence: (1) FAR 6.302-6 - National Security; (2) FAR 6.302-2 - Unusual and Compelling Urgency; and (3) FAR 6.302-1 - Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. For example, if all three were to apply to a given procurement, FAR 6.302-6 - National Security would be cited here and the remaining two would be cited in order or precedence in Section 8, Other Facts.)

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Section6Text: A presolicitation notice was or will be publicized as required by FAR 5.2. If a notice will not be or was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was:

(In addition to completing the information above, state the acquisition history. Describe efforts made to ensure that offers are solicited from as many potential sources as is practicable. Also include efforts to procure data rights to ensure future procurements are competitive, or explain why data rights cannot or should not be procured, i.e., excessive costs quoted by the prospective contractor.)

(Note: IAW DFARS 206.304(a)(4)(S-70), for non-competitive follow-on acquisitions previously awarded on a non-competitive basis citing the authority at FAR 6.302-1, follow the procedures at DFARS PGI 206.304(a)(S-70)).

(Include any actions to remove or overcome barriers to competition before any subsequent acquisition takes place.

Section6Text: (Describe the extent and the results of the market research (FAR Part 10) conducted to identify qualified sources. Research must have been conducted within the past 6 months and be available in written form within the official contract file. The Desktop Contracting Guide template, Market Research Report is an excellent tool.)

(Note: Make affirmative statement that the Technical Industrial Liaison Office (TILO) and Office of Small Business Programs (OSBP) databases were reviewed as a part of this market research. State the results of this review in the market research narrative.)

(Note: The Use of a chart to depict salient requirements and the ability or inability of prospective offerors to meet these requirements is a useful tool in encapsulating the results of the market research when combined with a narrative explanation.)

Section6Text: A Presolicitation notice will not be publicized as required by FAR 5.2. A notice will not be publicized, the exception cited under FAR 5.202(a)(1) through (13) was: 5.202(a)(13)

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 a brand name restriction, under $25K. It will be redacted and posted with the solicitation.

Actions to increase Competition: The manufacture of TRX Systems was contacted by the KO to assist in identifying U.S. and CONUS based authorized resellers. The manufacture TRX Systems is the sole manufacturer and distributor of the DAPS II systems.

Section6Text: A presolicitation notice will not be publicized as required by FAR 5.2. A notice will not be publicized, the exception cited under FAR 5.202(a)(1) through (13) was: 5.202(a)(13)

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 a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Actions to increase Competition: The manufacture of Slingshot was contacted by the KO to assist in identifying U.S. and OCONUS based authorized resellers. The manufacture advised they have six total U.S. based sellers including themselves and seven authorized resellers OCONUS.

Section6Text: (Describe the extent and the results of the market research (FAR Part 10) conducted to identify qualified sources. Research must have been conducted within the past 6 months and be available in written form within the official contract file. The Desktop Contracting Guide template, Market Research Report is an excellent tool.)

(Note: Make affirmative statement that the Technical Industrial Liaison Office (TILO) and Office of Small Business Programs (OSBP) databases were reviewed as a part of this market research. State the results of this review in the market research narrative.)

(Note: The Use of a chart to depict salient requirements and the ability or inability of prospective offerors to meet these requirements is a useful tool in encapsulating the results of the market research when combined with a narrative explanation.)

Section6TextBridge: A presolicitation notice was or will be publicized as required by FAR 5.2. If a notice will not be or was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was:

(In addition to completing the information above, state the acquisition history. Describe efforts made to ensure that offers are solicited from as many potential sources as is practicable. Also include efforts to procure data rights to ensure future procurements are competitive, or explain why data rights cannot or should not be procured, i.e., excessive costs quoted by the prospective contractor.)

(Note: IAW DFARS 206.304(a)(4)(S-70), for non-competitive follow-on acquisitions previously awarded on a non-competitive basis citing the authority at FAR 6.302-1, follow the procedures at DFARS PGI 206.304(a)(S-70)).

(Include any actions to remove or overcome barriers to competition before any subsequent acquisition takes place. For bridge actions, include any actions taken to avoid future bridge actions.)

Section6TextBridge: A presolicitation notice was or will be publicized as required by FAR 5.2. If a notice will not be or was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was:

(In addition to completing the information above, state the acquisition history. Describe efforts made to ensure that offers are solicited from as many potential sources as is practicable. Also include efforts to procure data rights to ensure future procurements are competitive, or explain why data rights cannot or should not be procured, i.e., excessive costs quoted by the prospective contractor.)

(Note: IAW DFARS 206.304(a)(4)(S-70), for non-competitive follow-on acquisitions previously awarded on a non-competitive basis citing the authority at FAR 6.302-1, follow the procedures at DFARS PGI 206.304(a)(S-70)).

(Include any actions to remove or overcome barriers to competition before any subsequent acquisition takes place. For bridge actions, include any actions taken to avoid future bridge actions.)

Section6TextBridge: A presolicitation notice was or will be publicized as required by FAR 5.2. If a notice will not be or was not publicized, the exception cited under FAR 5.202(a)(1) through (13) was:

(In addition to completing the information above, state the acquisition history. Describe efforts made to ensure that offers are solicited from as many potential sources as is practicable. Also include efforts to procure data rights to ensure future procurements are competitive, or explain why data rights cannot or should not be procured, i.e., excessive costs quoted by the prospective contractor.)

(Note: IAW DFARS 206.304(a)(4)(S-70), for non-competitive follow-on acquisitions previously awarded on a non-competitive basis citing the authority at FAR 6.302-1, follow the procedures at DFARS PGI 206.304(a)(S-70)).

(Include any actions to remove or overcome barriers to competition before any subsequent acquisition takes place. For bridge actions, include any actions taken to avoid future bridge actions.)

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Section7Text:

(Describe the extent and the results of the market research (FAR Part 10) conducted to identify qualified sources.

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