Brand Name Justification_ACS Command Post - comp adv signed REDACTED.pdf

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

FOR OFFICIAL USE ONLY

18 Jun 2019 FOR OFFICIAL USE ONLY Page 1 of 4

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

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: >SAT and < $700K > $700K and < $13.5M

Contracting Activity: 21 CONS/PKB

Purchase Request / Local ID Number: TBD

Program / Project (and PE, if applicable): Advanced Console System (ACS) Maintenance for Command Post

Program Type (PEO or Other Contracting): Other Contracting

Authority: AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 2304a, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): Justification Type: Class Individual

COORDINATION (AFFARS 5306.304(a))

Date

14 Aug 2019

Project Lead / Program Mgr / Requiring Activity Lt Col Michael W. Schreiner

AFSPC/A3/6O / 719-556-4054

Signature

Date

14 Aug 2019

Contracting Officer Justin W. Bowers

21 CONS/PKB / 719-556-4124

Signature

Date

11 Sep 2019

Local Legal Reviewer Katherine A. Illingworth

21 SW/JA / 719-556-3044

Signature

Date

24 Oct 2019

Chief of the Contracting Office (COCO) Kylie J. Hager

21 CONS/CD / 719-556-4835

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

11 Nov 2019

Competition Advocate Col Robert S. Widmann

AFICC/KS / 692-5300

Signature

SCHREINER.MICHAEL.W

ILHELMS.1256683527

Digitally signed by

SCHREINER.MICHAEL.WILHELMS.1256683527

Date: 2019.08.14 14:47:33 -06'00'

BOWERS.JUSTIN.WESLE

Y.1244422116

Digitally signed by

BOWERS.JUSTIN.WESLEY.1244422116

Date: 2019.08.14 15:04:15 -06'00'

ILLINGWORTH.KATHERI

NE.ANN.1362283511

Digitally signed by

ILLINGWORTH.KATHERINE.ANN.1362283511

Date: 2019.09.11 19:30:30 -06'00'

HAGER.KYLIE.J.1241452

Digitally signed by

HAGER.KYLIE.J.1241452006

Date: 2019.10.24 12:52:09 -06'00'

WIDMANN.ROBERT.S.1

084486821

Digitally signed by

WIDMANN.ROBERT.S.1084486821

Date: 2019.11.11 13:48:32 -07'00'

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

18 Jun 2019 FOR OFFICIAL USE ONLY Page 2 of 4

I. Contracting Activity.

21st Contracting Squadron/PKB 135 Dover Street, Building 350 Peterson AFB, CO 80914

Contracting Officer: TSgt Justin W. Bowers 719-556-4124

PR: TBD

This is a Brand Name Justification IAW FAR 13.501(a)(1)(ii) - Sole source (including brand name) acquisitions.

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

This reacquisition will be a new firm-fixed-price (FFP) contract action to take place of the incumbent contract FA2517-17-P-6023. Upon approval of this "Justification for Other than Full and Open Competition" the Air Force intends to solicit in the open market.

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

The purchase will provide service, maintenance, and repair of Unify brand name Advanced Console Systems (ACS) for various locations throughout Air Force Space Command (AFSPC) at various wing Command Posts (CP) & their associated Alternate locations (ACP). The estimated value of the contract estimated value is and will utilize 3400 funds.

This contracting action is for the service, maintenance, and repair of existing equipment previously contracted and funded Headquarters AFSPC. This will be a follow-on contract providing the referenced AFSPC locations with an umbrella of service and support for existing equipment.

To ensure continuity of service, the period of performance will commence on 1 December 2019, with a Base and Four Option Years; Option Year 1 (1 December 2020 - 30 November 2021), Option Year 2 (1 December 2021 - 30 November 2022), Option Year 3 (1 December 2022 - 30 November 2023), Option Year 4 (1 December 2023 - 30 November 2024).

Furthermore, this contract will provide sustainment for HQ AFSPC various Command and Control locations and their Alternates. The Contractor shall respond to all catastrophic outages at any time in the year, and shall respond to major and minor outages during the hours of 8 a.m. and 5 p.m., Monday - Friday (MST), excluding holidays as defined in the Performance Work Statement (PWS). The ACS Maintenance support consists of remote systems monitoring, systems diagnostics, additions, changes, and removals, scheduling system downtime, and dispatching a technician when required under the AFSPC umbrella, defined as Command Post (CP) and Alternate locations, defined as Alternate Command Post (ACP). Maintenance will also specifically include Preventative Maintenance Inspection (PMI) visits, training of Operations personnel on phone and IT personnel on system, IT support to include software modifications, and the repair and/or replacement equipment outlined in paragraph 2.3 of the attached PWS.

The Contractor personnel shall perform primarily from the Contractor's facility with occasional trips, as needed for maintenance, training, or inspection, to HQ AFSPC locations, Colorado Springs Regional (CSR) CP & Alternates (Peterson AFB, CO), 460 SW/CP - ACP (Buckley AFB, CO), 45 SW/CP - ACP (Patrick AFB, FL), 30 SW/CP - ACP (Vandenberg AFB, CA), and 61 ABG/CP - ACP (Los Angeles, CA).

IV. Statutory authority permitting other than full and open competition.

10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901) as implemented by AFFARS 5313.501(a)(1)(ii)

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

Only authorized third-party maintenance providers are allowed to provide Unify's proprietary Software maintenance patches or releases, and only authorized third-party maintenance providers have been given approval by the manufacturer to provide these services to Unify's direct customers, to include the Government. The proprietary

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

18 Jun 2019 FOR OFFICIAL USE ONLY Page 3 of 4 software is a feature unique to Unify that prevents the use of full and open competition, and therefore must be brand name for authorized third-party resellers. Furthermore, Unify's third-party service personnel are uniquely trained in ACS diagnostics, providing rapid, real-time solutions for issues as they arise. The ongoing maintenance of the ACS equipment by authorized personnel is essential to fulfilling the government's requirements, thereby precluding consideration of services provided by another company.

The proprietary nature of this requirement limits the pool of authorized vendors since the equipment, service knowledge, and software are proprietary to only Unify, Inc and their authorized third-party resellers. Costs to the Government and performance risk may be escalated if maintenance services for the ACSs are purchased through any other provider/manufacturer which would void Unify's warranty.

Accordingly, Unify Inc.'s authorized third party providers are the only firms 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 full and open competition and unacceptable delays in fulfilling its requirements. To allow an unauthorized contractor or other manufacturer to obtain the capability to provide this service, it would require replacement of all equipment, creating a delay in performance of at least four months and additional costs of new equipment. (See Attachment 1 - Unify Sole Source Letter) - and reduces the ability of the Air Force to administer Command and Control of its forces for day-to-day and emergency operations/situations.

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

Unify is the manufacturer of the equipment already purchased by the Government, and as such, only authorize providers of Unify can provide the required sustainment for support. Each of HQ AFSPC Wing Command Posts, to include their Alternate locations, have equipment already installed. As prescribed by the manufacturer, this authorized service is not currently available from other sources in the open market. Nothing has changed with the manufacturer policy over the last two years. Prior to award of the previous contract (FA2517-17-P-6023) a Notice of Intent to Award as sole source Unify was posted to FedBizOpps on March 16, 2017 and no inquires were received from potential sources.

Market research has been conducted to locate potential sources for this requirement. A notice of intent was posted to Government Point of Entry (GPE), FedBizOpps, on August 19, 2019 and only authorized resellers of Unify equipment responded. At this time, the manufacturer and their third-party providers are the only authorized technicians of the equipment.

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

The Contracting Officer will determine price fair and reasonable IAW FAR 13.106-3(a)(1) through competitive quotations received.

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

Market research was conducted and the following are the key findings. A search for "console system" on www.abilityone.gov returned no results. Similar searches on GSA confirmed that no authorized vendors, including Unify, hold schedules. A search on FPDS-NG for "Unify, Inc." produced multiple sole source awards to this company. A notice of intent was published to the GPE; and the government received responses from authorized third-party providers that meet the standards of the manufacturer.

In March of 2017 for the previous contract (FA2517-17-P-6023) it was determined that the NAICS code 811213 - Communication Equipment Repair and Maintenance will primary NAICS code for this contract action. Product Service Code for this requirement is D318 - IT & Telecommunications - Integrated Hardware/Software/Services.

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

18 Jun 2019 FOR OFFICIAL USE ONLY Page 4 of 4

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

Unify, Inc. proprietary communication equipment has been installed at the five referenced AFSPC Command Post locations. To ensure continuity of service and best value to the Government, it is necessary to award the maintenance contract for this equipment to authorized service providers of Unify, Inc.

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

Tactical Networks (a small business and authorized service provider of Unify, Inc.) responded to the notice of intent posted to the GPE on August 20, 2019.

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.

If or when the existing equipment reaches end-of-life, or technology advances render it obsolete, or sustainment is deemed economically unfeasible, the agency will proactively research replacement equipment that may be available commercially at that time with the goal of increasing competition and small business participation. Replacing the existing equipment with equipment from a different manufacturer may allow for competition for the maintenance of that equipment. A FFP contract with option years is required as the equipment life expectancy is projected to extend beyond the period of performance stated in Section III above, and to accomplish a follow-on contract each year puts undue administrative burden on the requirements owner and contracting office.

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.