Attachment_6_-_justification_and_approval_document_redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

Page 1 of 10Updated: 15 Mar 16

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Choose the funding level for this J&A Document:

< $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 21 CONS/LGCBB

Purchase Request / Local ID Number: F3LNHA6285AC01

Program / Project (and PE, if applicable): Command and Control C2 Systems Video Telecommunications (VTC) Suite Maintenance Support

Program Type (PEO or Other Contracting): Brand Name Justification

Authority (include full title): 13.106-1(b)(2) - Soliciting From A Single Source

Estimated Contract Cost (including options): J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

13 Jan 2017

Project Lead/ Program Mgr/ Requiring Activity Babette C. Whorley

N&NC/J6, 719-554-8009

Signature

Date

13 Jan 2017

Contracting Officer MSgt. Douglas Keeler

LGCBB, 719-556-9133

Signature

Date

13 Jan 2017

Section Chief Kristie L. Ford

LGCBB, 719-556-4796

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

17 Jan 2017

Contracting Officer MSgt. Douglas Keeler

LGCBB, 719-556-9133

Signature

WHORLEY.BABETTE.C.

1230328419

Digitally signed by WHORLEY.BABETTE.C.1230328419 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=WHORLEY.BABETTE.C.1230328419 Date: 2017.01.13 13:57:51 -07'00'

KEELER.DOUGLAS.A.1

020035370

Digitally signed by KEELER.DOUGLAS.A.1020035370 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=KEELER.DOUGLAS.A.1020035370 Date: 2017.01.13 14:22:08 -07'00'

FORD.KRISTIE.LYNNE.1

007736572

Digitally signed by FORD.KRISTIE.LYNNE.1007736572 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=FORD.KRISTIE.LYNNE.1007736572 Date: 2017.01.13 14:58:37 -07'00'

KEELER.DOUGLAS.A.1

020035370

Digitally signed by KEELER.DOUGLAS.A.1020035370 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=KEELER.DOUGLAS.A.1020035370 Date: 2017.01.17 09:35:34 -07'00'

Page 2 of 10Updated: 15 Mar 16

I. Contracting Activity.

Department of the Air Force, 21st Space Wing, 21st Contracting Squadron, Peterson Air Force Base, Colorado.

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

This is a logical follow on procurement to contract FA2517-16-F-6000. The Government intends to solicit through other than full and open competition (brand name) and award a firm fixed price purchase order for Premier Maintenance support from a original equipment manufacturer(s) (OEM) Certified Service Partner authorized under FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items, specifically FAR 13.501(a)(1)(ii) - Special documentation requirements and FAR Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items, specifically FAR 12.603 Streamlined solicitation for commercial items.

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

(a) N&NC requires the following levels of hardware and software support services:

(1) For equipment listed in Attachment 1 “Command and Control C2 Systems Video Telecommunications (VTC) Suite Maintenance Support Itemized Listing”, under the Second Business Day (2nd BD), N&NC requires Tier 3, 24x7 hardware and software support services with second business day parts replacement as well as Tier 3, 24X5 (M-F) hardware and software support. These requirements vary due to the usage requirements of the assets. Both levels of support are to include OEM software updates, upgrades, and patches, as well as technical support via telephone.

(2) For equipment listed in Attachment 1 “Command and Control C2 Systems Video Telecommunications (VTC) Suite Maintenance Support Itemized Listing”, under the Next Business Day (NBD) Tab, the Contractor shall provide Tier 3, 24x7 level hardware and software support as well as maintain a sufficient bench stock to support a break-fix 24 hour advanced parts replacement. The Contractor shall also provide On-site preventive maintenance on a quarterly basis for the N&NC Command Center (N2C2) Master Suite and GO-FO locations. Preventive maintenance will include Audio/Video and Control Programming. Tier 3 Level support will include On-Site service/repair and installation of failed hardware with 1 hour Hardware and Software telephone support and 4 hour onsite response time during normal operations and a 2 hour response time during exercise and real world contingency operations. The Contractor shall provide a minimum of Next Business Day (NBD) onsite support for areas outside of the NORAD and USNORTHCOM Command Center (N2C2) and GOFO locations when required.

All software programming must be handled by a Platinum Level Master Crestron Programmer.

IV. Statutory authority permitting Other than Full and Open Competition.

Citation: 10 U.S.C. 2304(c)(1)

FAR 6.302-1(a)(2)(iii) -- For DoD, NASA and the Coast Guard, services may be deemed to be available only from the original source in the case of follow-on contracts for the continued provision of highly specialized services when it is likely that award to any other source would result in--

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition, or

(B) Unacceptable delays in fulfilling the agency's requirements. (See 10 U.S.C. 2304(d)(1)(B)).

Page 3 of 10Updated: 15 Mar 16

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

The products that comprise the N&NC Command and Control C2 Systems VTC infrastructure are tightly integrated and are vital sub-components of the entire VTC system employed by N&NC. Any attempt to integrate an outside product would require the redesign of the entire infrastructure from system wiring down to recoding of the existing software. Secondly, certain VTC suites are critical due to the nature of the content that is broadcast. Interoperability issues such as delays in software patches being made available for dissimilar brands with these suites would introduce critical and unacceptable risk to VTC operations and continuity. Award to any vendor who is not an authorized Crestron, Cisco, Polycom, and Dell Service Provider for the equipment listed within the itemized listings will result in the cessation of the manufacturer's warranty support coverage and force N&NC to procure new assets in the event of hardware or software failure.

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

On two separate occasions RFI's were posted via NASA SEWP. The RFI revealed a total of two (2) interested vendors. Both vendors stated that they are capable of fulfilling the requirement and are currently registered in the System for Award Management (SAM). We also reached out to the incumbent on the current contract. Applied Global Technologies, Inc also stated interest in the re-acquisition of this requirement. They are currently registered in SAM as well. A Sources Sought was posted on FedBizzOpps on 13 December 16 and closed on 21 December 16. Eleven (11) vendors responded saying that they were capable and interested in performing the requirement.

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

Prior to making the award, the Contracting Officer will determine that the proposed price is fair and reasonable in accordance with FAR 13.106-3. The Government anticipates competitive quotations or offers for this acquisition which will assist in the determination of the price being fair and reasonable.

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

Government conducted market research on products or services offered through manufacturers other than those listed was not conducted. Due to the complexity of the hardware that comprises the N&NC VTC infrastructure and the level of maintenance that varies accordingly, our ability to reach out to vendors to conduct RFI/RFQs is extremely hampered.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

Crestron, Cisco, and Polycom require Authorized Service Providers to maintain their product(s). Use of vendors who are not Authorized Service Providers will void all manufacturers' warranties. Service Providers must maintain the required levels of certification outlined in the PWS. During the project review, it was determined unfeasible to break out the requirements for individual manufacturer's product and award separate contracts. The use of a single source of contact eliminates the difficulties that will be incurred when attempting to troubleshoot failed devices that are tied in to another manufacturer's product.

X. List of sources, if any, that expressed interest in the acquisition.

Applied Global Technologies currently maintains the maintenance and support agreement. The contract number for the previous acquisition is FA2517-16-F-6000. Applied Global Technologies also held the support agreement before this last one. The purchase order number for that agreement is 00212-15D0209 with a Period of Performance of 1 October 2014 through 31 September 2015. There were also thirteen (13) other vendors that expressed interest in the requirement.

Page 4 of 10Updated: 15 Mar 16

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.

At present time, the barrier to open competition is based in part that N&NC/J6 has made a significant investment in the current Command and Control C2 Systems VTC architecture as well as the extremely complex nature of the system. N&NC/J6 is currently modernizing the VTC infrastructure but cannot remove the barrier to full and open competition as the requirements for multiple authorized manufacturers service level providers still remains. Currently, there is no single manufacturer product line that could effectively and at reduced cost, replace all of the hardware and software components of the N&NC Command and Control C2 Systems VTC system.

Therefore, the barriers to competition must remain. In addition to the cost to procure new equipment, it would take hundreds of hours test and certify the new equipment before it could be loaded onto N&NC's network which provides 24x7 defense to the Nation, an additional hundred hours to train folks to use a new system and would impact N&NC's $99M Network Operations and Maintenance support contract. N&NC's software and hardware baselines must be evaluated and tested before the go onto N&NC's network, once on the network they are added to N&NC's contractor service catalog. If N&NC were to change the configuration management the contractor provides to N&NC's day to day operations and maintenance support to the command may not have the correct certifications to operate the new equipment and would have to go back for a new proposal and contract modification to support changes in the infrastructure. N&NC requires the ability to share decision briefs and mission sensitive details during VTCs. The use of a multiple vendor maintenance solution would degrade our ability to troubleshoot and sustain the time sensitive and essential environment on a timely manner. The VTC capabilities at N&NC are a vital part of the communications and coordination with other Commands and Agencies on a daily basis. It is critical that this service be available and operational at the standards that N&NC requires. Affected Services are (1) Defense Information System Network (DISN) Video Service; (2) VTC Service; (3) Full Motion Video Service; and (4) The NORAD/NORTHCOM Command Center Master Systems and General Officer-Flag Officer Office Suites and Housing.

XII. 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.

XIII. 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.

Page 5 of 10Updated: 15 Mar 16

GUIDANCE

I. Contracting Activity.

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action. Specifically identify as a “Justification for Other Than Full and Open Competition.” Identify purchase request number, if applicable.

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

State whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (e.g., firm-fixed-price, cost-plus-incentive-fee, etc.). If exception 2 is cited (unusual or compelling urgency), state date of UCA/contract/modification issuance and amount.

An individual J&A cannot be used to support more than one contract irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise or the J&A supporting the basic contract must be a Class J&A. For Class J&A situations where the number of contracts in the class can be identified: (1) Provide brief general description of actions, (2) identify the document as a Class J&A, (3) identify the supplies and services that are being acquired, and (4) for each contract in the class identify the contractor; estimated value; type of contract and rationale for contract length; and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time. (FAR 6.303-2(b)(2)).

III. Description of the supplies/services required to meet agency needs. (FAR 6.303-2(b)(3))

Specifically describe the supplies and/or services to be acquired including the estimated value (including options) and quantity of each item, the total estimated value of the acquisition, and the estimated delivery dates/periods of performance. For example, if commodities are being procured with technical data, support equipment, and support services (staff-hour quantity of support hours) each should be listed, not just commodity quantities. If all of the ancillary requirements associated with a particular item are not specifically described in the J&A, those ancillary requirements cannot be included in the resulting contract unless a second J&A covering those ancillary requirements is executed. Also, state the type of appropriation (e.g., 3600, 3010, 3400) that will be used to fund each requirement listed.

Here is an example of such a list:

“Under the contemplated contract, ABC Corporation will provide the following supplies and services in sustainment of the XYZ program:

(1) Approximately 30,030 staff-hours will be acquired each year for: (a) depot-level (Level II) maintenance on eight XYZ systems around the world and routine (Level 1) maintenance on the two systems located at ABC Corporation's facility, (b) help desk services (24 hours/day, 7 days/week) to provide daily assistance to military personnel to maintain the systems, and (c) software releases for the XYZ system (including any deficiency releases needed to fix minor problems that occur after a major release) and maintenance training on those software releases. The period of performance of this effort will be from January 2005 through 30 September 2005, and 3400 appropriations will fund this effort.

(2) Approximately 2,640 staff-hours will be acquired each year to convert seventeen XYZ systems into seventeen QRS systems to enable a transportable weather system to be deployed into forward locations in order to provide polar ingest capability outside the UMQ-13 polar footprint. Deliveries of these items will occur between January 2005 and March 2006, and 3400 appropriations will fund this effort.

(3) . . .

(N) . . .”

If approval for more than one fiscal year requirement is needed, give the rationale for this request. Generally, the scope of these actions is limited to current requirements only, so that actions may be taken to facilitate competition for out-year requirements. In some cases, there are no feasible actions that could develop future competition, and it is reasonable to seek approval for more than one fiscal year's requirements.

Page 6 of 10Updated: 15 Mar 16

For ID/IQ or requirements contracts, use the maximum dollar value of the total estimated orders as the estimated J&A dollar value.

IV. Statutory authority permitting Other Than Full and Open Competition.

10 USC 2304(c)(?) (see Note 1 below), as implemented by FAR 6.302-? (see Note 2 below), required by FAR 6.303-2(b)(4).

Note 1: Complete the 10USC 2304(c) citation with the statutory subparagraph cited in the (a) Authority (1) Citations portion of the Competition exception used for your J&A.

Note 2: Complete the FAR citation with the appropriate subparagraph.

Note 3: For class J&As, all contracts within the class should fall within the same statutory authority. Where a different authority must be used for any contract action, a separate J&A should be prepared.

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

Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. For acquisitions that include both supplies and services, separately justify the use of the authority for the services and supplies. (FAR 6.303-2(5))

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) (FAR 6.301(c)). To assist you, the following information is provided:

A. Only One Responsible Source (FAR 6.302-1)

In the case of a follow-on contract for continued development or production of a major system or highly specialized equipment/ services, the rationale must first justify the supplies/services as being a “major system” or “highly specialized.” The rationale must then justify “either” substantial duplication of cost to the government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency's requirements, whichever situation applies. If both of these situations apply, the rationale can be based on either of these two situations, or both

Discuss the use of restrictive brand name descriptions in requirements documentation here under Part V. An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. If a brand name will be used, you must justify it and clearly explain why a specific brand produced by a single company is required, as opposed to allowing free and open competition. The justification should indicate that the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company. (FAR 6.302-1(c))

(Brand-name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand name, provide for full and open competition and do not require justifications and approvals to support their use.)

Subsection 1. When using this exception…

(a) Describe the system or support element to which supply/service to be procured under the contemplated acquisition relates in terms of its purpose and its capabilities. Describe how the contemplated acquisition relates to that system or support element. State what work the current contractor has been performing. Include the current contract number, basis of award for that contract award (competitive/sole source), when the contract was awarded, and when the contract will expire. If the work the contractor will perform under the contemplated acquisition is being done under an ACAT I or II program, state that designation. If the work will not be done under an ACAT I or II program, provide a detailed explanation

Page 7 of 10Updated: 15 Mar 16 from a technical perspective as to why the supplies/services to be procured are “highly specialized.” This section must summarize your justification by including the main point(s) of the justification.

(b) If the planned acquisition is a “bridge” effort, which contains options, so state and explain why options are necessary.

(c) Add a concluding sentence to the end of this paragraph, suitably tailored; e.g., “Therefore, this acquisition will be a follow-on contract for the continued production of a major system,” or “Therefore, this acquisition will be a follow-on contract for the continued development of highly specialized equipment,” or “Therefore, this acquisition will be follow-on contract for the continued development of a major system,” or “Therefore, this acquisition will be a follow-on contract for the continued production of highly specialized equipment,” or “Therefore, this acquisition is for continued performance of a highly specialized service.”

Subsection 2. When using this exception, describe in 3-4 sentences the contractor's unique/highly specialized capabilities and/or qualifications (e.g., facilities, personnel, special tooling acquired). (FAR 6.303-2(b)(5))

Subsection 3. When using this exception, you should begin with the following sentence, suitably tailored: “The (XXX SPO, or XXX Wing) believes that award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition and unacceptable delays in fulfilling the Air Force's requirements.” Then, discuss either or both of the following situations (although only one of these situations is needed; if the facts exist to support both, then provide that information):

(a) When the rationale is based on substantial duplication of cost, state the approximate cost and state that the cost could not be recovered through competition. When FAR 6.302-1(a)(2)(ii) is cited for follow-on acquisitions as the basis for the justification, include an estimate of the anticipated cost to run a competition offset by the amount of cost that would be duplicated. Include the rationale for the amount of cost that would be duplicated (e.g., training required so that another source could acquire the skills necessary to perform the effort, equipment, facilities) and how the estimate was derived (e.g., development costs incurred by the Government under the existing contract or similar programs). (FAR 6.303-2(b)(9)(ii))

(b) When the rationale is based on unacceptable delay, state how long it would take someone else to obtain this capability (e.g., months, years) and why, and provide a detailed explanation of the impact or problem caused by the delay. For example, the impact of not adding additional quantities of launch support services staff-hours to an existing contract might cause a launch to not occur as scheduled, thus delaying the operational use of a spacecraft, thus reducing the constellation's operational availability - and thus reducing (or precluding) the ability of the war fighter to accomplish specific missions.

Subsection 4. When using this exception, you should include one of the following sentences, whichever is applicable:

(a) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition.”

(b) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing unacceptable delays in fulfilling its requirements.”

(c) “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the U.S. Air Force experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.”

B. Unusual and Compelling Urgency (FAR 6.302-2, 6.303-2(a)(b)(iii), DFARS PGI 206.302-2)

Contracting Officers shall contact SAF/AQC at usaf.pentagon.saf-aq.mbx.saf-aqc-workflow@mail.mil as soon as practicable when contemplating an award under the authority cited in FAR 6.302-2 for J&As requiring SPE approval. Provide an explanation why (1) the supplies or services are needed at once because of fire, flood, explosion, or other disaster, or (2) essential equipment or repairs to that equipment are needed at once, e.g., to preclude impairment of launch capabilities or mission performance of missiles or missile support equipment, eliminate imminent grounding of the XX fleet crucial to what mission of the USAF and Defense of the Nation. In other words, identify the anticipated serious injury to the Government, the nature of the urgency, the reasons for it occurring and why it is “urgent and compelling” to preclude adverse impact to military readiness. Merely citing a Joint Urgent Operational Need

Page 8 of 10Updated: 15 Mar 16

(JUON),Force Activity Designator (FAD) rating, Program Management Directive (PMD)/Program Action Directive (PAD) guidance, or DX priority rating is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition.

Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception; thus, this exception might not suffice to justify option quantities. For example, a JUON covering an entire program may not necessarily warrant a class J&A for all program requirements. The inclusion of future “unknown” requirements in class J&As proceeding on this basis is disfavored. In addition, actions covered by a relevant JUON should, a) cite the JUON, b) describe the nature of the need covered by the JUON, and c) describe the relationship between the JUON and the requirements contemplated under the J&A (e.g., whether the J&A includes requirements not covered by the JUON, whether the J&A covers just a portion of the JUON's scope, etc.). JUONs can provide important support for the J&A; however, the J&A is a stand-alone document and should not rely solely upon the fact that a JUON has been issued as a basis for approval. Activities are under a continuing duty to ensure maximum competition practicable under the circumstances, and JUONs to not automatically provide relief from that duty.

The exception for “unusual and compelling urgency” does not authorize a sole source contract. This exception only authorizes limitation to the greatest number of potential sources than can fulfill the requirement in the time needed. Therefore, the J&A should also describe the method and rationale for identifying the sources to which the solicitation will be limited. If the solicitation is to be limited to only one source, the J&A must be based on an exception that authorizes selection of a single source.

C. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3)

The most important part of justifications citing this authority is demonstrating the need to maintain the capability possessed by the identified source(s). Some form of market survey may be critical in demonstrating the uniqueness of this capability.

D. Authorized or Required by Statute (FAR 6.302-5)

It is imperative to identify what is being acquired and the applicable statute authorizing other than full and open competition. Note:

Some statutes do not require a written J&A.

E. National Security (FAR 6.302-6)

Provide the minimum essential information needed to establish validity of the justification. This information will make the J&A a classified document. Special handling procedures are required for processing such documentation to the approval authority. Only parties with a “need to know” and the proper level of security clearance should be permitted access to the documentation. Such acquisitions are also exempt from synopsis under FAR 5.202(a)(1).

F. Public Interest (FAR 6.302-7)

This authority may only be used when none of the other authorities is appropriate and may not be made on a class basis. Provide detail addressing the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.

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

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. If a sources sought synopsis was issued, state the date the synopsis was issued, the synopsis number, 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. This is particularly important when citing the authority of 10 USC 2304(c)(1), “Only one (or a limited number of) responsible source(s)”, since it is this survey of the market place that confirms our assumptions regarding the capability of industry to meet our needs.

Address whether this acquisition will require a synopsis IAW FAR 5.201. If the proposed action was not or will not be synopsized, cite the specific authority for not doing so (FAR 5.202) and the rationale for the synopsis exception. Note that although synopsis of proposed contract actions initiated pursuant to FAR 6.302-2 may not be required, use of this authority is not an automatic exemption from synopsis. (FAR 5.202(a)(2)).

Page 9 of 10Updated: 15 Mar 16

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.

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. (FAR 6.303-2(b)(7))

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

Generally, some form of market research should be conducted, but it is most critical when citing the authority of FAR 6.302-1, Only one (or a limited number of) responsible source(s). Under such circumstances, use the following sentence: “As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.”

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.

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. (FAR 6.302-1(b)(2) and 6.303-2(b)(9)(i)).

X. List of sources, if any, that expressed interest in the acquisition.

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.

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 undertaken to remove the barriers to competition that have been identified in the justification and include a milestone schedule for accomplishing these actions. For example, if a follow-on competitive acquisition is planned, so state and give planned award date (FAR 6.303-2(b)(11)), or state 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 J&A, Page 10 of 10Updated: 15 Mar 16 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 that 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.

XII. Certification by the Contracting Officer.

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. (FAR 6.303-2(b)(12))

XIII. Certification by the technical/requirements personnel

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. (FAR 6.303-2(c))