Sole_Source_J A_FBO.pdf

JUSTIFICATION FOR OTHER THAN

FULL AND OPEN COMPETITION

I. CONTRACTING ACTIVITY:

Department of the Air Force, 1st Special Operation Contracting Squadron/LGCC, Hurlburt Field, FL 32544, PR # F2FF045175A002. This document serves as a Justification for Other Than Full and Open Competition.

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING PROCESSED

This action will be awarded as a sole source, firm fixed price purchase order. A purchase order for one year of warranty service and four one year options will be executed between Unify, Inc.

and the United States Government.

III. DESCRIPTION OF THE SUPPLIES/SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS

AFSOC/A3OP requests sole source procurement for annual Unify telephone system maintenance for the AFSOC/OC, 1 SOW/CP, and 27 SOW/CP. Repairs include but are not limited to replacing equipment that is no longer operating, ensuring the equipment that connects the

Siemens equipment to the base switch is operating and anything else that may hamper the

Command Post from conducting its mission. The length of the coverage will be one base year with an additional four one year options.

The estimated start date is 10 August 2015. The type of appropriation used is Operations and

Maintenance fund code 3400.

IV. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN

COMPETITION

Authority for this sole source requirement is conducted through 41 U.S.C. 1901, further implemented by the procedures at FAR 13.501(a) sole source acquisitions.

V. DETERMINATION THAT THE CONTRACTOR’S UNIQUE QUALIFICATION OR

NATURE OF THE ACQUISTION REQUIRES THE USE OF THE AUTHORITY CITED

ABOVE

Siemens telephone system is proprietary and as such no other companies can service the current system. Unify is the only company that is able to repair this equipment and is a subsidiary company of Siemens.

The requirement is for a follow-on warranty solution that is offered through a subsidiary company of Siemens, the original manufacturer of the equipment that will cover the maintenance of the telephone system currently in place. Numerous attempts have been made to locate competition on Federal Business Opportunities (FBO) and GSA Ebuy. Only the company Unify

Inc, has responded with the capability to extend the current coverage.

VI. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE

SOLICITED FROM AS MANY POTENTIAL SOURCES AS DEEMED PRACTICABLE

In accordance with FAR 10.001(a)(2)(ii), agencies must conduct market research appropriate to the circumstances before soliciting offers for acquisitions with an estimated value in excess of the simplified acquisition threshold.

The following methods of completing market research were conducted: query of same and similar previously purchased items using the Federal Business Opportunities website, GSA E-

Buy website, Easy Search website, EZQuery database search, Electronic Document Access search, Google search, and the Procurement Desktop Defense search.

VII. DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The contracting officer will utilize techniques recommended in FAR 13.106-3(a)(2) to determine the price fair and reasonable.

VIII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE

RESULTS, OR STATEMENT OF THE REASONS MARKET RESEARCH WAS NOT

CONDUCTED

A requirement was received for coverage of the command post emergency telephone switch in

December 2014. A sources sought was posted 04 December 2015 which closed on 10 December

2014. There were two companies that expressed interest, but did not actually comment on their capability to meet the requirement. A solicitation was posted and extended multiple times on

FBO for 35 days from 16 December 2015 and finalized on 30 January 2015. The company Unify expressed interest, but could not bid because they were a large business and the solicitation was posted as a small business set aside. Unify, Inc. sent the solicitation to a small business team member that quoted on the requirement adding on their additional profit. It was discovered that the current warranty from the initial contract FA8771-04-D-0002, order number 13-212, was not expired and it would be a duplication of coverage if a warranty agreement were put in place at that time.

A sources sought was posted on 9 July 2015 until 14 July 2015 to verify that market conditions have not changed. No responses were received in response to the sources sought to date. It can be reasonably concluded that there is no expectation of competition on GSA Advantage or the open market to meet this requirement. The best value to the Government will be to execute a purchase order with the company noted below. This Justification and Approval (J&A) will be publicized within 14 days of award utilizing FBO, in accordance with the requirements at FAR

13.501(a)(1)(iii).

Unify, Inc.

5500 Broken Sound Blvd

Boca Raton, Florida 33487

Phone: (800) 835-7656

Email: jenny.worster@unify.com

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND

OPEN COMPETITION

The current requirement is for a Siemens telephone switch that was purchased through contract

FA8771-04-D-0002, order number 13-212. The initial maintenance warranty is about to expire, and a post warranty agreement is needed to ensure the continuous 24 hour operation of the equipment. Siemens the original manufacture of the equipment utilizes a subsidiary company, Unify Inc. to fulfill its post warranty agreements.

X. LIST OF SOURCES, IF ANY, THAT EXPRESSED INTEREST IN THE

ACQUISITION

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

AFSOC A3/A3OP will continue to review other vendors emerging on the market to determine whether other systems or device can better meet the Air Force need for communications. In order to preclude future sole source acquisitions, AFSOC A3/A3OP must purchase an entire new communications system. When it is time to replace the communication system, market research will be conducted to determine if there are other sources to fulfill the communication requirements.

XII. CONTRACTING OFFICER’S CERTIFICATION

mailto:jenny.worster@unify.com

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

XIII. TECHNICAL/REQUIREMENTS PERSONNEL’S CERTIFICATION

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