Limited_Sources_Justification_Redacted.pdf

FOR OFFICIAL USE ONLY

Fair Opportunity Exception (FOE) Limited Source Justification and Approval (J&A)

Project/Program Name: Perpetual License Google Earth and Accessories

Component/PEO/Other: Company A, 6th BN, 1st Special Warfare Training Group.

Estimated Contract Cost (including options): $166,250.00

FOE

J&A No.

12 - 062

1. Agency and Contracting Activity: (FAR 8.405-6(c)(2)(i))

The United States Army Special Operations Command (USASOC), Deputy Chief of Staff for Acquisitions and Contracting Office, Building E-2929, Desert Storm Drive, Fort Bragg, North Carolina 28310. The USASOC Contracting Office supports the training requirements for the 1st Special Warfare Training Group (Airborne) (SWTG)(A), US Amy John F. Kennedy Special Warfare Center and School (USAJFKSWCS).

2. Description of Action: (FAR 8.405-6(c)(2)(ii))

USASOC proposes to acquire the Google Earth Server System for A Company (Co), 6th Battalion, 1st SWTG (A). This acquisition will result in a new task order under GSA multiple award contracts. The requirement is funded with O&M funds in the amount of $166,250.00.

3. Description of Supplies/Services: (FAR 8.405-6(c)(2)(iii))

A Company, 6th Battalion, 1st SWTG(A) conducts a course of instruction that is driven by a robust scenario including ever changing boundaries of fictitious countries. The geographical locations are used for planning purposes and actual training sites. The Google Earth Server will allow for physical manipulation of borders, cities, and overhead imagery and promote realism.

The System includes a perpetual Google Earth Enterprise Server License, a perpetual Google Earth Enterprise Fusion Pro license, base operating system and all required and related software licenses, separate server hardware for each server license, server rack, switch equipment, a UPS solution, and network attached storage in the Government facility. The majority of the components for the System are available in GSA Advantage.

4. Authority Cited Permitting a Fair Opportunity Exception and Rationale:

(FAR 16.505-6(b)(2), (FAR 8.405-6(c)(2)(iv))

FAR 16.505(b)(2)(ii), “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized”.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P399_69627

USSOCOM has conducted extensive operational and security testing and integration to ensure secure and reliable operation for Google on Special Operations Forces Information Enterprise networks. The Command uses this single brand for all of its networks to minimize repeated and continual testing and integration efforts that are costly and time-consuming. Utilizing a single brand minimizes maintenance, training requirements, streamlines logistics support processes, reduces costs associated with maintenance and operation of multiple brands.

5. Efforts/Actions to Increase Competition: (FAR 8.405-6(c)(2)(viii), FAR 16.505(b)(1)(ii))

In accordance with FAR 16.505(a)(1) orders under indefinite-delivery, contracts do not have to be synopsized. Paragraph 4, above, justifies why competition among all awardees is not possible for this acquisition.

This requirement will be competed among GSA Schedule 70, Category 132-33 contract holders as a brand name requirement for Google Earth Server System.

6. Market Research: (FAR 8.405-6(g)(2)(vi))

USASOC makes every effort to promote competition by constantly reviewing the market to adhere to the process of competing service and material acquisitions. If on-going market research uncovers another product that presents a compelling advantage over Google, steps will be taken to evaluate whether it is in the customer’s best interest to provide full and open competition.

Market research determined that the software is sold to the general public and used for purposes other than government purposes. The software is a commercial product.

7. Interested Sources:

The software is available on GSA from the following sources:

Onix Networking Corp.

Emergent, LCC DLT Solutions Thermopylae Sciences and Technology

8. Other Facts Supporting the Justification: (FAR 8.405-6(g)(2)(vii))

N/A http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/16.htm#P399_69627

9. Technical and Requirements Certification: (FAR 8.405-6(g)(2)(x))

I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief:

NAME: ______________________ TITLE: ______________________________

SIGNATURE: _Original Signed________________ DATE: ___16 Aug 2012___

10. Fair and Reasonable Cost Determination: (FAR 16.505(b)(3)), (DFARS 216.505-70(d)(3))

The Google Earth Server System is available on GSA . DoD has already determined the prices of products and services offered in the contracts to be fair and reasonable.

Although, DoD has already negotiated fair and reasonable pricing, the Government may seek additional discounts before placing an order. In accordance with FAR 15.403- 1(b)(1) &(3), cost and pricing data is not required.

CONTRACTING OFFICER SIGNATURE IN SECTION 11 BELOW ALSO SERVES AS

THE PRICE FAIR AND REASONABLENESS DETERMINATION IN THIS SECTION.

11. Contracting Officer Certification: (FAR 8.405-6(g)(2)(ix))

I hereby certify that this J&A is complete and accurate to the best of my knowledge and belief.

NAME: __ELLA M. PORTER__________ TITLE: _Contracting Officer_________

SIGNATURE: _____Original Signed___________ DATE: _16 Aug 2012______

12. Legal: (SOFARS 5601-1)

I have reviewed this document and find the J&A legally sufficient to support other than full and open competition: NOT REQUIRED IAW SOFARS 5601-1.2D

13. Component Competition Advocate General Approval (CCA) (SOFARS 5601-1)

I have reviewed this document and find the J&A adequate to support other than full and open competition: NOT REQUIRED IAW SOFARS 5601-1.2D