CISCO_Warranty_Brand_Name_Redacted.pdf

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

For Official Use Only

For Official Use Only Updated: 15 Mar 16

I. Contracting Activity.

Department of the Air Force, 27th Special Operations Contracting Squadron (27 SOCONS), Cannon AFB, NM. This document serves as a Justification for Other Than Full and Open Competition. The purchase request number is F1L0XP7194AW01.

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

This action is a brand name action pursued in accordance with FAR 13.501 for a CISCO warranty covering CISCO equipment. This requirement will be solicited on FBO.gov, and the resulting action will be a firm-fixed price acquisition that will be awarded as a new contract.

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

Under the contemplated contract, a CISCO SMARTnet warranty will be provided to the 27th SOW/XPU.

Products covered under the warranty are listed in the attached spreadsheet.

Estimated value is The period of performance is one year from the date of the award.

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

This procurement will be pursued as a brand name acquisition under Simplified Acquisition Procedures in accordance with the statutory authority 41 U.S.C. 3304(a)(1), use of noncompetitive procedures, implemented by 41 U.S.C. 1901 as required by FAR 13.501(a).

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

CISCO brand warranty is essential to the Government's requirements. In accordance with FAR 11.105, the contracting agency may establish a brand name specification when the particular brand name is essential to the Government's requirements. Only CISCO brand warranty, the CISCO SMARTnet, can be utilized to support the continued use of the CISCO products. This service is only available through CISCO authorized distributors. The RPA community cannot risk a single pause in their productivity/mission. Purchasing any other product warranty would render the CISCO products unusable. A complete new purchase of similar products would cause substantial duplication of costs to the Government that cannot be recovered by competing this requirement outside the CISCO brand. These items have been purchased over the last 2 years. CISCO products have an average of 5 year lifespan but many last over 10 years with proper warranty support and maintenance. CISCO is the only United States Special Operations Command approved products for Special Operations use. A complete replacement of the products, valued at over would also require a brand name solicitation. Purchasing the CISCO brand warranty is in the best interest of the Government and is essential to the Government's requirements.

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

This requirement will be pursued as a brand name requirement. The manufacturer, CISCO, has confirmed that they authorize other companies to provide warranties on all CISCO products. Additionally, sources from Section X were contacted and confirmed that they could provide CISCO SMARTnet warranty. A combined synopsis/solicitation will be posted to the GPE to allow for maximum competition to sources that can provide the CISCO SMARTnet warranty requried.

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

This requirement will be competed as a brand name requirement. According to market research, three or more quotes are expected. Prices will be determined fair and reasonable in accordance with FAR 13.106-3 based on competitive quotes.

For Official Use Only

For Official Use Only Updated: 15 Mar 16

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

CISCO was contacted to inquire about the nature of this acquisition. The company representative stated that CISCO does not directly supply these warranties, but there are multiple companies capable of supplying this requirement. Of the 5 companies discovered, 2 were small businesses. Warranties are commercial items. The CISCO SMARTnet warranty, which is a blanket warranty that can be purchased for any CISCO product, is available to any commercial customer. This requirement will be solicited as a small business set-aside on FBO.gov, as there is reasonable expectation that 2 or more small businesses will submit technically acceptable proposals. The award will be made to the lowest price technically acceptable vendor.

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

N/A

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

FCN, WWT, Force3, Regency Consulting, and Northern Technologies Group, Inc. have expressed interest in this acquisition. As stated above, CISCO does not directly provide the items.

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.

Future acquisitions will be evaluated before any additional purchases are processed as a brand name. Currently only one brand name is suitable to provide CISCO SMARTnet warranties. Any efforts to replace the items being covered under this warranty will be evaluated for full and open competition, including evaluation of all lifecycle costs.

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 signature above, I certify that any supporting data contained herein, which is my responsibility, is both accurate and complete.

For Official Use Only

For Official Use Only Updated: 15 Mar 16

The following page contains a suggested template for “International Agreement Competitive Restrictions (IACR)”. The authority to prepare an IACR has been delegated from the HCA to the Contracting Officer. (AFFARS 5306.302-4)

International Agreement Competitive Restrictions

For Official Use Only

For Official Use Only

COORDINATION (AFFARS 5306.304(a) )

Date Contracting Officer [ Name ] [ Office Symbol / Phone Number ]

Signature

Date Project Lead / Program Mgr / Requiring Activity [ Name ] [ Office Symbol / Phone Number ]

Signature

Date Communications and Info Systems Officer (CSO) [ Name ] [ Office Symbol / Phone Number ]

Signature

Date Local Legal Reviewer [ Name ] [ Office Symbol / Phone Number ]

Signature

Date Chief of the Contracting Office (COCO) [ Name ] [ Office Symbol / Phone Number ]

Signature

Date Competition Advocate [ Name ] [ Office Symbol / Phone Number ]

Signature

Date Senior Contracting Official (SCO or SCCO) [ Name ] [ Office Symbol / Phone Number ]

Signature

Date PEO / Commander (Requirements Cognizance) [ Name ] [ Office Symbol / Phone Number ]

Signature

Date Deputy Assistant Secretary (Contracting) [ Name ] [ Office Symbol / Phone Number ]

Signature

Date SAF/AQ [ Name ] [ Office Symbol / Phone Number ]

Signature

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature

For Official Use Only

For Official Use Only

APPROVAL (AFFARS 5306.304(a) )

Date Chief of the Contracting Office (COCO) [ Name ] [ Office Symbol / Phone Number ]

Signature

Date Contracting Officer [ Name ] [ Office Symbol / Phone Number ]

Signature

Date Competition Advocate [ Name ] [ Office Symbol / Phone Number ]

Signature

Date PEO [ Name ] [ Office Symbol / Phone Number ]

Signature

Date Senior Procurement Executive [ Name ] [ Office Symbol / Phone Number ]

Signature

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature

Date [ Title ] [ Name ] [ Office Symbol / Phone Number ]

Signature

For Official Use Only

For Official Use Only

I. Organization:

[ Contracting Activity (include base name and zip code) ] [ PCO (Name / Office Symbol / Phone) ] [ PR Number (If desired) ]

II. Description of Requirement:

[ Include estimated cost. ]

III. Nature / Description of the Action:

[ Include contract type, period of performance, cost and schedule, and rationale. ]

IV. Statutory Authority: 10 USC 2304(c)(4) as implemented by FAR 6.302-4, International Agreement.

V. Applicability of Authority:

[ Include statement that the cited exception is applicable because (LOA #, treaty, agreement, etc.), dated ____________, directed that the requirement be obtained from __________________. ]

[ NOTE: Provide a copy of the page(s) of the agreement, treaty, or written directions that has the effect of restricting competition by the requirements activity and attach them to the IACR. ]

VI. Certification of Accuracy and Completeness:

As evidenced by his/her signature, the contracting officer has determined the IACR to be both accurate and complete to the best of his/her knowledge and belief. The CO also approves the IACR.

As evidenced by his/her signature, the program/technical/requirements manager(s) have/has determined that any supporting data contained in the IACR, which is his/her responsibility, is both accurate and complete.