FCC_Zebra_TC22_Brand_Name_Justification_Filled - Copy_Redacted.pdf

GUIDANCE

1. Identification of the agency and contracting activity, and specific identification of the document as a “Sole Source (including Brand Name) Justification Under Simplified Procedures for Certain Commercial Products and Commercial Services (FAR 13.5)”

Identify the agency and contracting activity processing the requirement. In addition insert the name of the appropriate contracting office and include the location of the contracting office. Also, include the statement that this document is a justification Sole Source (including Brand Name) Justification Under Simplified Procedures for Certain Commercial Products and Commercial Services (FAR 13.5).

Example: This Sole Source Justification Under Simplified Procedures for Certain Commercial Items justification was prepared in accordance with FAR 13.5 by the Federal Communications Commission (FCC), Headquarters (HQ), Office of the Managing Director (OMD), Enterprise Acquisition Center (EAC) located at 45 L Street NE, Washington, DC 20554. The managing program is the (INSERT B/O Here) (i.e. Office of the Managing Director (OMD), Information Technology Center

(ITC)).

2. Nature and/or description of the action being approved , i.e., sole source (including brand name) under procedures for certain commercial products and commercial services in accordance with FAR 13.5.

Describe the type of action being issued, e.g., new action, contract modification, etc., under FAR 13.5. Identify the brand name and include the proposed contractor’s name. Identify the contemplated contract type, e.g., firm fixed price, fixed-price with economic price adjustment, time-and-materials, etc. Provide sufficient information to ensure the reviewer clearly understands the proposed approach under consideration. If an existing contract is being modified, include the contractor’s name, contract number, contract modification number, approval date, the dollar amount of the modification, and if applicable, the dollar amount and approval date of the original justification and approval (J &A).

3. A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

Provide a clear and concise description of the product(s) and/or service(s) to be procured. This provides the reviewing and approving official with a better understanding of the scope, magnitude, and complexity of the requirement. Always include the estimated value of the procurement (including the total funding profile for all of the years that will be used).

All contract line items (CLINs) e.g., technical data, support equipment, support services, etc., should be listed. 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 and would require a second J&A.

Example: The requirement is to provide [insert supplies/services to be provided and location] at a total cost of $___ for [insert period of performance, including any option periods]. This will allow the [insert name of agency/organization] to accomplish its mission of [insert mission objective.

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.

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

4. An identification of the statutory authority permitting sole source/brand name.

Select the appropriate statutory authority in accordance with FAR 13.501; the authority for simplified procedures for certain commercial products and commercial services under 41 U.S.C. 1901 or the authority of 41 U.S.C. 1903.

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

Provide an explanation of the contractor’s unique qualifications or the nature of the acquisition that requires use of the statutory authority cited. This is the most important part of the justification because it demonstrates that the prospective contractor has unique qualifications and/or specialized capabilities or expertise not prevalent in the marketplace. Also, explain what unique qualifications and special capabilities the contractor possesses. Unique qualifications and expertise is defined as knowledge that is currently very limited within the marketplace; there is only one company or individual that has the expertise to provide the product or perform the required services.

Alternative to #5 for brand name products. A demonstration of any brand name product’s unique attributes: An explanation of the unique attributes of the proposed brand name item(s) and why no other similar item will suffice.

Explain the unique attributes of the brand name item(s) and (if applicable) the nature of the acquisition that requires use of the statutory authority cited. This is the most important part of the justification because it demonstrates that the prospective brand name item(s) has unique attributes and/or specialized capabilities not available from another commercial source. Explain what unique attributes and special capabilities the brand name item(s) possesses.

Example: <Insert brand name item(s)> is uniquely qualified based on the following:

a. It has/is . . . This is a statement of fact. In general, characteristics that make a brand name unique are proprietary parts or capabilities and compatibility issues. Be very specific and use technical terms if necessary.

Use a separate paragraph for each unique characteristic.

b. Write a paragraph that explains why any other sources that expressed an interest in the acquisition in writing are not qualified. These are the companies listed in paragraph 10 of the justification. One sentence for each company usually will suffice.

6. A description of efforts made to ensure offers/quotes are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR 5.2 and, if not, which exception under 5.202 applies.

If the requirement was not publicized, explain why it was not publicized. When an acquisition contains brand name specifications, the contracting officer shall include with the solicitation the justification or required documentation. See FAR 5.102(a)(6) for the requirement to post the brand name justification.

The justification normally should be prepared after the requirements notification is posted on Contract Opportunities, to allow the requirements office an opportunity to examine the results of industry inquiries and reach a conclusion concerning the potential degree of competition. This paragraph should provide a description of the type of action, i.e., purchase and/or delivery order, task orders, and estimated quantities. This section also should include a description of the efforts by the program manager and contracting office to ensure offerors are solicited from as many potential sources as possible.

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 8, the information in Section 6 should correlate with the Market Research described in Section 6. The following issues should be addressed in this paragraph:

Sources Sought Synopsis (used as part of market research). If a sources sought synopsis was issued, state the date the synopsis was issued 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. Reference FAR 13.105, Synopsis and Posting Requirements.

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.

7. The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable. [Note: dollar amounts may not exceed statutory limitations for use of the simplified procedures under FAR 13.5.].

Provide a narrative of the measures performed by the Contracting Officer to ensure that the costs and/or prices will be fair and reasonable before negotiations commence. In addition, provide the methodology used in the market research analysis that supports a determination of fair and reasonable costs/prices. Provide any information, such as commercial pricelists or prior acquisition history that will help the Contracting Officer determine that the anticipated cost is fair and reasonable 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)) This paragraph should always begin with a sentence similar to:

“The Contracting Officer determines that the anticipated price(s) will be fair and reasonable based on . . .” By signing the justification the Contracting Officer makes a determination that the costs/prices to the Government are expected to be fair and reasonable.

8. A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

Issuance of a synopsis as required in FAR part 5 does not satisfy the requirement to conduct a market survey. A survey can include announcements in trade journals or telephone surveys with interested/knowledgeable individuals in or outside government.

Market research requires collecting and analyzing product/service information on the technical capabilities and prices/costs within the marketplace to satisfy agency needs. If market research was not conducted, the reasons it was not conducted should be stated. Since this is a sole-source acquisition, the only way to state in paragraph 5 of the justification that there is only one contractor that can fulfill the agency’s needs is to conduct market research, and it must be summarized here.

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.

9. Any other facts supporting the use of sole-source/brand name.

Provide additional explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable to competitive contracts have not been developed or are not available. Include any other relevant information that will help the reader understand why it is necessary to use only the selected contractor.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

List the source, address, and results of review for each response to synopsis announcements, as well as other expressions of interest. Provide a brief description of the government response provided to each separate interested party. All responses must be addressed prior to the approval of this justification.

Example: A synopsis was issued in the SAM.gov on 12/3/20xx, requesting that parties express their interest in writing to the Contracting Officer. Only XYZ Corporation responded. The XYZ capabilities statement was reviewed and [deficiencies

vs. requirement were identified and discussed with xxx of the XYZ Corporation, who agreed.

If a sources sought synopsis was done and all interested sources are included in Section 6, it is acceptable to state, “See Section 6 above.”

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition.

Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before any subsequent acquisitions for the item/service or brand name item(s), including challenges to restrictive data markings, data rights, preparation of a performance-based work statement, etc. If this is a follow-on procurement, state the measures initiated to eliminate or reduce competitive barriers.