Fillable Form - SF 1012 - Part 8 Limited-Sources Justification_Redacted FINAL.pdf

LIMITED-SOURCES JUSTIFICATION

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

1. Identification of the agency and the contracting activity:

2. Nature and/or description of the action being approved:

3.a A description of the supplies or services required to meet the agency’s needs:

3.b Estimated value: $ 4.a Identification of the authority being used (Check the appropriate box that applies).

☐ FAR 8.405-6(a)(1)(i)(A) – An urgent and compelling need exists, and following the procedures would result in unacceptable delays.

☐ FAR 8.405-6(a)(1)(i)(B) – Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

☐ FAR 8.405-6(a)(1)(i)(C) – In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order or BPA provided that the original order or BPA was placed in accordance with FSS procedures in accordance with the applicable Federal Supply Schedule ordering procedures. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

☐ FAR 8.405-6(b) – Items peculiar to one manufacturer.

4.b Supporting Rationale:

Tracki ng No.

First Responder Network Authority

AT&T FirstNet Devices

The First Responder Network Authority has a brand name requirement to renew and continue AT&T FirstNet devices and products. These LTE devices for use by multiple FirstNet Authority divisions to utilize within their engineering test, product evaluation, user trial and demonstration activities which are critical for collaboration and contract oversight of the AT&T FirstNet NPSBN contract and engagement with FirstNet users. The period of performance for this requirement is 09/25/2022-09/24/2023.

In support of the NPSBN contract oversight and collaboration with FirstNet stakeholders, the FirstNet Authority requires access to a select set of FirstNet approved devices to support stakeholder demonstrations and product evaluation activities within the FirstNet Authority Network and Technology, Roadmap and Market Engagement divisions. It is a high priority for the FirstNet Authority technical and customer engagement teams to have access to the same products, services and devices which FirstNet customers are using within their public safety operations. Demonstration kits have been built up and and are in the process of being deployed that include devices, wireless subscriptions and application licenses that this acquisition will continue to support for expanded engagement with FirstNet users.

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

5. A determination by the ordering activity Contracting Officer that the order or BPA represents the best value consistent with FAR 8.404(d):

6. A description of the market research conducted among schedule holders and the results or a statement why market research was not conducted:

7. Any other facts supporting this justification:

8. A statement of the actions, if any, the Requiring Activity and Contracting Activity may take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for the supplies and services is made:

This requirement is a proprietary brand name acquisition and only the manufacturer is solely authorized to provide these items. In the future, before any subsequent acquisitions for similar supplies or services, the agency will try to the maximum extent possible to compete the acquisition among all available sources. Furthermore, the procurement has been verified by management as necessary to meet the goals of the agency and shall be fully covered for the life of the agreed upon performance period.

The Contracting Officer will determine that the price is fair and reasonable based on applicable price analysis techniques and established commercial catalog prices. Award will be made to the lowest priced, technically acceptable offeror.

AT&T FirsNet wireless services and devices is an existing brand name and sole source requirement at the FirstNet Authority. The NAICS code for this requirement 517312-Wireless Telecommunication Carriers. A Market research review of AT&T’s GSA Multiple Award Schedule was conducted and found capable to fulfil this requirement under SIN 517312 Wireless Mobility Solutions.

AT&T is the only services provide of the First Responder Network. This service will allow the First Responder Network Authority to support the authority’s mission which supports their public safety FirstNet customers. It is important that FirstNet employees can have access to the same products to test and support public safety operations and the agency's mission.

There are no other facts to support this justification. The justification is accompanies by a Statement of Work/Price List and an Independent Government Cost Estimate.

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

9. Certifications and Approvals:

9.a Program Office Certification (Requiring Activity). I hereby certify that any supporting information and data provided (e.g., the Government’s minimum needs or requirements, or other rationale for the limited sources) and which form the basis for this justification for an exception to fair opportunity, are accurate and complete to the best of my knowledge and belief.

Name: Date:

Signature:

9.b Small Business Specialist Determination (Contracting Activity). I have reviewed this justification, including any attached documentation, if applicable, and ☐ concur / ☐ do not concur with the findings.

Name: Date:

Signature:

9.c Contracting Officer Certification and Approval. I hereby determine the circumstances of this acquisition support the justification to acquire these supplies or services on a limited source basis. I also certify this limited-sources justification is accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve the processing of this requirement on a limited-source basis.

Name: Date:

Signature:

10. Additional Approvals (if applicable):

10.a Advocate for Competition (if >$700,000 and <=$13.5 million) (Contracting Activity). I have reviewed this limited-sources justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the ordering activity’s Advocate for competition, I hereby approve this limited-sources justification

Name: Date:

Signature:

10.b Head of the Procuring Activity or Authorized Designee (if >$13.5 million and <=$68 million) (Contracting Activity). I have reviewed this limited-sources justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the head of the procuring activity or authorized designee, I hereby approve this limited-sources justification.

Name: Date:

Signature:

10.c Senior Procurement Executive (if >$68 million) (Contracting Activity). I have reviewed this limited-sources justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, I hereby approve this limited-sources justification.

X

This acquisition is conducted under the authority of the Multiple Award Schedule Program (see FAR 8.401)

Name: Date:

Signature:

INSTRUCTIONS FOR

LIMITED-SOURCES JUSTIFICATION

In general, each limited-sources justification shall contain sufficient information and data to justify the proposed action thereby be able to stand on its own. This type of detail is critical in order to enable a reviewer to clearly understand the requirement and the rationale for supporting this justification. If the requirement involves classified or sensitive information ensure the proper steps are taken to protect the information (e.g. labeling and marking). In the event of conflict between this template and applicable regulatory coverage, the more stringent requirement shall be followed.

Retain only those signature blocks applicable to the dollar range of the acquisition being justified.

Prior to distribution to the approving officials, the document should be converted to a .pdf.

Fields are fluid and will change based upon user input. Users should be mindful of formatting prior to submission for signature.

1. Identification of the agency and the contracting activity. Provide the name of requiring agency and the name of the actual requiring activity (e.g.FirstNet's Reston Office

– Central IT Division). Provide the name of the contracting agency and the name of the actual contracting activity (e.g. First Net’s Reston Office – Contracting Division for IT).

2. Nature and/or description of the action being approved. Describe the type of action being issued (e.g. new Federal Supply Schedule (FSS) order, blanket purchase agreement (BPA), contract modification or brand name). Identify the contemplated contract type or order (e.g. firm fixed price). Provide the name, address, socio-economic status and schedule contract number of the proposed contractor.

If a contract modification, include the contract no., task/delivery order number (if applicable), and nature of why the modification is required)

If brand name, state this justification & approval is covering only the portion of the acquisition which is brand-name.

If known include the requisition number and period of performance.

3.a A description of the supplies or services required to meet the agency’s needs. Provide a clear, concise description of the supplies or services to be procured. Include a statement regarding the delivery schedule and/or the period of performance, inclusive of all option periods and award terms. State the schedule and associated schedule category(ies) the supplies or services are being procured against. For supplies, include details such quantity and a brief description of the items (e.g. twelve (12) laptops).

For brand name, provide the name of the brand, model number and other specific details associated with the brand name item(s) being procured; name(s) of known sources that can provide the brand name.

3.b Estimated value. State the total estimated dollar value of the contract, inclusive of all options, award terms and other monetary incentives. If applicable, provide separately for each option, award term and other monetary incentive a general description (e.g. option period 1 – April x, 201x thru March x, 201x) and the associated individual dollar amount. These separate dollar amounts should add up to the total estimated dollar value; however if there is a difference then provide a discussion as to why they don’t.

For brand name also provide the total estimated dollar value of the portion of the proposed award, inclusive of all options, award terms and other monetary incentives, that is brand name.

For modifications provide the total dollar value of the proposed modification, the current total dollar value of the contract.

Include a statement that refers to the Independent Government Cost Estimate for specific details.

4.a Identification of the exception to fair opportunity being used. Check the applicable exception being used for this justification.

4.b Supporting Rationale. Provide a clear and concise description of the rationale for the use of the authority being cited above, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. For example, for

• FAR 8.405-6(a)(1)(i)(A) Describe the nature or circumstances of the urgency surrounding the agency’s need; how any follow-on work will be competed or how such urgency will be mitigated in the future; describe the extent and impact of the unacceptable delay (e.g.

quantitative data, dollars that would be lost, the impact to schedule) if award is not made in the timeframe needed; provide supporting rationale and a concise description of the extent, nature, and impact of the potential harm to the Government.

• FAR 8.405-6(a)(1)(i)(B) Describe what makes this contractor the only responsible source.

For example, (i) does the proposed contractor have facilities or equipment that are specialized or unique that are vital to the effort?; (ii) Is the proposed contractor the only one that can meet critical schedule(s) required by the Government?; (iii) Does the proposed contractor have prior experience or expertise of a highly specialized nature that is vital to the effort?; (iv) Does the contractor have an exclusive licensing agreement?. Fully explain why any other supply or service provided by another vendor will not satisfy the Government’s need. Describe market survey and analysis efforts leading to this conclusion. Do not simply take information from a vendor’s website or other such marketing information to use as the basis as to why they are unique.

• FAR 8.405-6(a)(1)(i)(C) Describe why the work is a logical follow-on and provide information on the original competition for the first order; thereby describing the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value). Provide the estimated cost and/or time savings that will result from the non-competitive award, and explain the basis for the estimate. The original order or BPA must not have been previously issued under sole-source or limited-sources procedures.

• FAR 8.405-6(b) State the brand name product’s unique attributes (be specific and use technical terms, if necessary). Describe why the brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. Provide an estimate of the cost and/or delay the Government would incur if other than the brand name item is used for this requirement. Do not simply take information from a vendor’s website or other such marketing information to use as the basis as to why they are unique. Also, describe any type of market survey and analysis efforts conducted to support this conclusion.

5. A determination by the ordering activity Contracting Officer that the order or BPA represents the best value consistent with FAR 8.404(d). Provide a clear and complete description of the contracting officer’s determination that the proposed order or BPA represents the best value consistent with FAR 8.404(d).

6. A description of the market research conducted among schedule holders and the results or a statement why market research was not conducted. Provide a clear and concise description of the market research conducted amongst schedule holders and the results (e.g. list the names of the schedule holders that were contacted or expressed interest). Also, if completed, include reference to the market research report as it will likely contain more detail, thereby enabling the reviewer to refer to that document for additional information.

If market research was not conducted, provide a complete discussion of the rationale and, if applicable, the circumstances for why market research was not conducted.

7. Any other facts supporting this justification. Examples might include:

• If the justification is based on an urgent and compelling need, there may be additional data or estimated costs that further support the extent and nature of the harm to the government in delay in award will cause or

• If acquisition of a patented or copyrighted product is based on the representation of the intellectual property holder that has not been licensed for resale.

8. A statement of the actions, if any, the Requiring Activity and Contracting Activity may take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for the supplies and services is made. Describe actions taken, or that may be taken, to remove or overcome any barriers to competition before any subsequent acquisitions for the supplies or services required (e.g. overcoming challenges to restrictive data markings, data rights, preparation of a performance based work statement). If planning or in the midst of a competition, include information regarding this action (e.g. estimated date when the competitive procurement will occur or award to be made).

9. and 10. Certifications and Approvals. Each review must be preceded by lower level approval(s), e.g., over $68 million all approvals are required. IN NO CASE WILL AN

INDIVIDUAL SIGN MORE THAN ONE APPROVAL LEVEL.

A supplemental justification is required if any of the following revisions occur between the approval of the original justification and the covered award or modification of the contract: an increase in dollar value beyond the authority approved in the justification; a change in the competitive strategy that further reduces competition; or any type of change in requirement that affects the basis of the justification.