JA Limited Source FAR8.405-6 13 Jan 25 FINAL MP Signed.pdf

Limited Sources Justification and Approval (J&A)

SOURCE SELECTION SENSITIVE

April 2024 SOURCE SELECTION SENSITIVE Page 1 of 10

Contracting Activity: 764 ESS/PKAA

Purchase Request / Local ID Number: TBD

Program / Project (and PE, if applicable): TCMax Software Support

Program Type (PEO or Other Contracting): Other Contracting

Authority: Multiple Award Schedule Program (FAR 8.405-6)

Estimated Contract Cost (including options): $512,623.86

Is this a Bridge Action? Yes No

Description of Limitation:

IAW FAR 8.405-6 (a)(1)(i)(B), "there is only one source capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized". HQ USAFE AFAFRICA/A4M has a need for license support of 300 TCMax Tool Accountability System (TAS) software licenses through the TCMax Gold support package to support all USAFE-AFAFRICA assigned aircraft and munitions maintenance units/sections and personnel. The licenses were initially purchased through the sole source awarded contract FA564120P0001. The incumbent, Soaring Software Solutions, developed the TAS software and is the only company that can provide the requested license support. The license support is included into the Department of Defense (DoD) Enterprise Software Initiative (ESI) Blanket Purchase Agreement (BPA) #N6600121A0093. IAW DFARS 208.7402(a) “Departments and agencies shall fulfill requirements for commercial software and commercial software services, such as software maintenance, in accordance with the DoD Enterprise Software Initiative (ESI) (see https://www.esi.mil/). Therefore, company Soaring Software Solutions is the only source capable to provide the requested supplies IAW FAR 8.405-6 (a) (1)(i)(B) and is also mandated to purchase from IAW DFARS 208.7402(a).

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Date

13 Jan 2025

Project Lead / Program Mgr / Requiring Activity Mr. Lynn Martin

USAFE-AFAFRICA/A4M / DSN 314-480-8890

Signature X

Date Contracting Officer Ms. Ina Hemmer

764 ESS/PKAA / DSN 314-489-5286

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

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

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

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April 2024 SOURCE SELECTION SENSITIVE Page 2 of 10

( See guidance at the end of this document for completing the following sections. ) Remove guidance pages.

I. Contracting Activity.

The Contracting Activity is the 764 ESS/PKAA. The Contracting Officer is Ms. Ina Hemmer. This is a brand name limited sources requirement. The Purchase Request Number is F3NF304299AW01.

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

This action is for the limited source procurement of TCMax technical support and upgrades (TCMax Gold support package) for 300 each licenses. A firm-fixed price Enterprise Agreement (EA) call against DoD ESI Blanket Purchase Agreement (BPA) N66001-21-A-0093 will be placed. The BPA was written against GSA contract GS-35F-542GA.

Based on the DoD ESI White Paper "Is Commercial off-the-Shelf Software Maintenance a Supply or Service?", subject purchase is determined as a supply. The White Paper is referring to GSA's recommendation on the supply definition of software maintenance. GSA holds that software maintenance is a supply that can be billed at the time of purchase when it is for the “purpose of maintaining the operability and usability of the software product by utilizing published fixes to bugs via patches, updates, or upgrades.” It may also include other “no charge” support that is included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries, Frequently Asked Questions (FAQs), hosted chat rooms, and limited telephone, email and/or web-based general technical support for a user's self-diagnostics. Consequently, this purchase will be determined as a supply.

The period of performance will be as follows:

Base year: 21 Mar 25 - 20 Mar 26 Option 1: 21 Mar 26 - 20 Mar 27 Option 2: 21 Mar 27 - 20 Mar 28 Option 3: 21 Mar 28 - 20 Mar 29 Option 4: 21 Mar 29 - 20 Mar 30

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

The United States Air Forces in Europe - Air Forces Africa (USAFE-AFAFRICA) A4M Aircraft and Munitions Maintenance Division has a need for license support services of 300 TCMax Tool Accountability System (TAS) software licenses through the TCMax Gold support package to support all USAFE-AFAFRICA assigned aircraft and munitions maintenance units/sections and personnel. The requirement shall align with the Software Maintenance Services description of GSA, Federal Acquisition Service, Authorized Federal Supply Schedule Pricelist, but especially encompass the following technical support and updates :

- The contractor shall provide unlimited TAS licenses technical support for USAFE-AFAFRICA telephone and/or email help desk from Monday through Friday from 8AM to 5PM Eastern Standard Time (EST) with a maximum of an one (1) hour response time.

- The contractor shall provide unlimited TAS licenses technical support for USAFE-AFAFRICA via telephone and/or email help desk from Monday through Friday from 5PM to 8AM EST with a maximum of twelve (12) hours response time.

- The contractor shall provide unlimited TAS licenses technical support for USAFE-AFAFRICA via telephone and/or email help desk on the weekends and on the below Federal holidays with a maximum of

April 2024 SOURCE SELECTION SENSITIVE Page 3 of 10 twelve (12) hours response time.

Holidays:

January 1 New Year's Day 3rd Monday in January Martin Luther King, Jr. Day 3rd Monday in February Washington's Birthday Last Monday in May Memorial Day June 19 Juneteenth July 4 Independence Day 1st Monday in September Labor Day 2nd Monday in October Columbus Day November 11 Veterans Day 4th Thursday in November Thanksgiving Day

December 25 Christmas Day

- The contractor shall provide requisite software updates for 300 TAS software licenses in order to meet DISA requirements to operate on the AFNET.

- The contractor shall provide unlimited access to support/software download site on Soaring Software Solutions webpage.

-The contractor shall provide all the associated support and products that are included under the Soaring Software Support - Gold package IAW DoD ESI BPA # N6600121A0093.

The contract vehicle for this requirememt will be an Enterprise Agreement (EA) call from the existing Department of Defense (DoD) Enterprise Software Initiative (ESI) Blanket Purchase Agreement (BPA) #N6600121A0093. Based on the DoD ESI White Paper "Is Commercial off-the-Shelf Software Maintenance a Supply or Service?" subject purchase is determined as a supply. The White Paper is referring to GSA's recommendation on the supply definition of software maintenance. GSA holds that software maintenance is a supply that can be billed at the time of purchase when it is for the “purpose of maintaining the operability and usability of the software product by utilizing published fixes to bugs via patches, updates, or upgrades.” It may also include other “no charge” support that is included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries, Frequently Asked Questions (FAQs), hosted chat rooms, and limited telephone, email and/or web-based general technical support for a user's self-diagnostics.

Software maintenance and support are usually provided as a package by software Publishers either directly or through their resellers. While maintenance is the source of fixes, patches and fix-packs for correcting defects, support is generally the mechanism for identifying and reporting those defects so fixes can be created. It often includes product enhancements in addition to fixes and the EULA will define licensee entitlements to both by virtue of paying for maintenance and support. Support often has more frequently and commonly become self-service, which enables licensees to search defect databases, selecting fixes and applying them. This description of maintenance and support indicates it is a product, since the essence of what is being purchased is enhanced or corrected software code tied to the original code licensed that makes the base product work better.

The TAS software has the purpose to track tools, tool kits (including inventories), equipment (including inventories), Hazardous Materials (HAZMAT) and Technical Orders (TOs). The TAS software specifies whether the tools, equipment, HAZMAT, or TOs are in-use, available, broken or listed as spares. The

April 2024 SOURCE SELECTION SENSITIVE Page 4 of 10 system has the ability to track authorizations and restrictions for special tools or equipment. The TAS software tracks and documents all associated inspection requirements pertaining to any item tracked in the TAS software and shall be accessible by multiple users. The software and support increases/enhances maintenance capabilities and complies with US Air Force (USAF) mandated security standards to allow USAFE-AFAFRICA aircraft maintenance organizations their mission accomplishment more effectively and efficiently. The TAS software meets all Defense Information Systems Agency (DISA) requirements to operate on the Air Force Network (AFNET) and be installed/operated on approved devices (desktop computers, laptops, and tablets running the approved Air Force Windows Standard Desktop Client).The TAS software is mandatory for DoD use in accordance with (IAW) the Department of the Air Force Instruction (DAFI) 21-101, Chapter 8 – Tool and Equipment Management. IAW DAFI 21-101, Chapter 8, “all units must use TCMax® for accountability and control of tools and equipment” and additionally, “to prevent and eliminate Foreign Object Damage (FOD) to aircraft, engines, missiles, training and support equipment, and to reduce costs through strict effective control and accountability of assets”. USAFE- AFAFRICA aircraft and munitions maintenance organizations have a requirement for operations and maintenance technical support and software assurance for an existing command-wide tool control accountability system. USAFE-AFAFRICA org/units own and manage their own TAS software licenses.

During the performance of the predecessor contract, all license management and ownership was realigned to USAFE-AFAFRICA/A4M and placed under a MAJCOM Enterprise construct that supports all Aircraft and Munitions Maintenance org/units, as defined by DAFI 21-101, that are assigned to the Area of Responsibility. The Enterprise construct allows for additional installations to meet operational needs during crisis and exercise events.

The current Purchase Order FA564120P0001 is sole source. It expires 20 Mar 25. Soaring Software Solutions was the only available offeror to provide TCMax support. FA564120P0001 is for a base period and 4 option periods. The total amount is $373,932.31. Per the previous market research report dated 4 Apr 2019 the TCMax requirement was determined a sole source including brand-name commodity buy.

The purchase for the maintenance of the 300 TCMax software licenses is determined as a supply.

The period of performance will be as follows:

Base year: 21 Mar 25 - 20 Mar 26 Option 1: 21 Mar 26 - 20 Mar 27 Option 2: 21 Mar 27 - 20 Mar 28 Option 3: 21 Mar 28 - 20 Mar 29 Option 4: 21 Mar 29 - 20 Mar 30

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

Company Soaring Software Solutions, developed the TAS software and is the only company that can provide the requested license support IAW mandated use of DoD ESI BPA #6600121A0093 per DFARS 208.7402(a) and FAR 8.405-6 (a)(1)(i)(B).

DFARS 208.7401 states that “Enterprise Software Initiative” means an initiative led by the DoD Chief Information Officer to develop processes for DoD-wide software asset management. “Software maintenance” means services normally provided by a software company as standard services at established catalog or market prices, e.g., the right to receive and use upgraded versions of software, updates, and

April 2024 SOURCE SELECTION SENSITIVE Page 5 of 10 revisions.

IAW DFARS 208.7402(a) “Departments and agencies shall fulfill requirements for commercial software and commercial software services, such as software maintenance, in accordance with the DoD Enterprise Software Initiative (ESI) (see https://www.esi.mil/). ESI promotes the use of enterprise software agreements (ESAs) with contractors that allow DoD to obtain favorable terms and pricing for commercial software and commercial software services…” The DoD ESI’s mission is to lead in the establishment and management of enterprise Commercial-off-the-Shelf (COTS) Information Technology (IT) agreements, assets, and policies for the purpose of lowering total cost of ownership across the DoD, Coast Guard and Intelligence communities. DoD ESI’s mission extends across the entire commercial IT life-cycle leveraging the DoD’s combined buying power with commercial software publishers, hardware vendors and service providers. DoD ESI and Enterprise Software Agreements have proven that managing the acquisition of commercially available software at the enterprise level reduces costs. DoD ESI enables aggregation of software requirements and promotes the use of Enterprise Software Agreements that leverage the DoD’s buying power. DoD ESI does not dictate the products or services to be acquired. On the DoD ESI webpage, a DOD ESI Agreement with Soaring Software Solutions was identified.

IAW DFARS PGI 208.7403 (1), the requiring official shall review the information at the ESI website after requirements are determined, to determine if the required commercial software or related services are available from DoD inventory (e.g., Golden Disks and DoD-wide software maintenance agreements). If the software or services are available, the requiring official shall fulfill the requirement from the DoD inventory. The Contracting Office reviewed the ESI website and found that the requested commercial software maintenance (technical support and maintenance of TCMax software licenses) is available through a DoD-wide software maintenance agreement (BPA #N6600121A0093).

DFARS PGI 208.7403 (3) states that if the commercial software or related services/supplies are on an ESI, the contracting officer or requiring official shall review the terms and conditions and prices in accordance with otherwise applicable source selection requirements. All terms, conditions and prices of BPA #N6600121A0093 will apply to this requirement. The DoD ESI BPA #N6600121A0093 acquires products and services from the General Services Administration (GSA) Federal Supply Schedule (FSS) 70 Contract(s) GS-35F-542GA. GSA FSS contract BPAs reduce contracting and open market costs such as:

search for sources, development of technical documents, solicitations, and the evaluation of offers. The BPA will be reviewed annually to ensure that it still represents “best value” as referenced in FAR 8.405-3(e), see paragraph 5.3.1. BPA paragraph 8.2.1 states “Contractor shall ensure the prices under this BPA are as low as the prices Contractor has under any other contract instrument with any customer under like quantities, terms and conditions.” Further, paragraph 8.4.1 references that “the Office of Management and Budget (OMB) Federal Wide category management as well as DoD ESI and the GSA Software Purchase Agreements initiative are working to maximize cost savings and achieve the best practices for acquiring commercial products and services. If during the BPA Ordering Period, the OEM enters into a government-wide agreement with another organization (such as GSA), which includes pricing for the specific products or services under similar terms and conditions as those licensed by this DoD ESI BPA, the Contractor will reduce the prices in Attachment 2 (if a reduction is applicable) for the remaining BPA Ordering Period to match the new prices and fees.” Using the DoD EDI BPA provides cost/prices savings for the mission partner by offering a 57.9% quantity discount. Additionally, the use of the DoD EDI BPA has the advantage for the Contracting office in form of time savings by administrative reliefs.

IAW DFARS PGI 208.7403 (4), if an ESA’s terms and conditions and prices represent the best value to the Government, the contracting officer or requiring official shall fulfill the requirement for software or services through the ESA. Due to the evaluation of DFARS PGI 208.7403 (3) for subject requirement, using the ESA’s #N660121A0093 terms and conditions and prices represents the best value to the Government. Therefore, the software services will be fulfilled through the DoD ESI BPA #N660121A0093 for maintenance and technical support of the 300 Government owned TCMax software licenses.

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V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

DoD ESI has awarded a multiple BPA for Information Technology Asset Management (ITAM) software products which includes: Software licenses, subscriptions, maintenance, support, and services to support Information Technology (IT) operations across the DoD enterprise.

There are 48 BPA holders. In the Department of the Air Force Lauchpad use of ESI is defined as mandatory. Soaring Software Solutions created and developed TCMax Asset Management Suite in order to track items, manage staff, generate reports, improve security, and increase workflow efficiency through a single interface. On 12 Mar 24 an ESI expert confirmed that Soaring Software Solutions is the only supplier for TCMax Licenses. This statement was confirmed by Internet research of the Contracting Office, 764 ESS.

Supplies offered on the schedule are listed at fixed prices. GSA has already determined the prices of supplies to be fair and reasonable.

Further, DFARS PGI 208.7403 (3) states that if the commercial software or related services are on an ESI, the contracting officer or requiring official shall review the terms and conditions and prices in accordance with otherwise applicable source selection requirements. All terms, conditions and prices of BPA #N6600121A0093 will apply to this requirement. The DoD ESI BPA #N6600121A0093 acquires products and services from the General Services Administration (GSA) Federal Supply Schedule (FSS) 70 Contract(s) GS-35F-542GA. GSA FSS contract BPAs reduce contracting and open market costs such as:

search for sources, development of technical documents, solicitations, and the evaluation of offers. The BPA will be reviewed annually to ensure that it still represents “best value” as referenced in FAR 8.405-3(e), see paragraph 5.3.1. BPA paragraph 8.2.1 states “Contractor shall ensure the prices under this BPA are as low as the prices Contractor has under any other contract instrument with any customer under like quantities, terms and conditions.” Further, paragraph 8.4.1 references that “the Office of Management and Budget (OMB) Federal Wide category management as well as DoD ESI and the GSA Software Purchase Agreements initiative are working to maximize cost savings and achieve the best practices for acquiring commercial products and services. If during the BPA Ordering Period, the OEM enters into a government-wide agreement with another organization (such as GSA), which includes pricing for the specific products or services under similar terms and conditions as those licensed by this DoD ESI BPA, the Contractor will reduce the prices in Attachment 2 (if a reduction is applicable) for the remaining BPA Ordering Period to match the new prices and fees.” In BPA Attachment 8 “Product and Price List” it can be seen that 57.9% quantity discount will be provided to ESA purchases for quantities between 250 to 499.

Currently, USAFE AFAFRICA A4M owns 300 TCMax software licenses. Using the DoD EDI BPA provides cost/prices savings for the mission partner by offering multiple discounts. Additionally, the use of the DoD EDI BPA has the advantage for the Contracting office in form of time savings by administrative reliefs.

For the above reasons, the purchase of the software support requirement through DoD ESI BPA #6600121A0093 represents the best value to the Government.

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VI. Description of the market research conducted and the results, or explain why market research was not conducted.

The requirement's owner USAFE-AFAFRICA A4M informed that they have a continuous requirement for TCMax support. The requirement's owner informed that they have to use the DoD ESI BPA with the incumbent, Soaring Software Solutions. The DoD ESI BPA is identified as a mandatory source in the Department of the Air Force Launchpad. TCMax is required per DAFI 21.101. Soaring Software Solutions has developed the TCMax Software and has a DoD Software License Agreement. DoD ESI confirmed that Soaring Software Solutions is their only provider for TCMax Software gold support. The Contracting Office conducted its own market research and was able to confirm that only Soaring Software Solutions was the only source to fulfill subject requirement:

https://www.selecthub.com/p/aviation-mro-software/tcmax/ https://www.softwaresuggest.com/tcmax https://www.capterra.co.uk/software/32223/tcmax https://www.g2.com/products/tcmax/competitors/alternatives

VII. Other facts supporting the justification.

There are no facts besides paragraph VI. supporting the use of Other Than Full and Open Competition.

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

ESI is the mandatory source to support DoD with software licenses support IAW DFARS 208.7402(a). 764 ESS will continuously check if ESI adds a further capable sources in the future that could provide support for TCMax software support.

IX. 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.

X. 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.

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GUIDANCE

I. Contracting Activity.

Fully identify the contracting activity responsible for the proposed contracting action. Include the name/phone number of the Contracting Officer. Specifically identify as a “Limited Sources” Justification. Identify purchase request number, if applicable.

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

State whether the action is a new order or by modification to an existing order. Identify the GSA schedule number, the Blanket Purchase Agreement (BPA) number, the order number for the current action, and the Contactor(s). Indicate the Period of Performance (PoP). Also identify the type of the order/line items on the order (e.g. Firm Fixed Price, Labor Hour, etc).

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

Specifically describe the supplies and/or services to be acquired including the price and quantity of each item in the order and state the total estimated value of the order. For services, state whether the services are performance-based and, if not, provide rationale for not being performance based. Also state the delivery/performance schedule/period for the items under the order.

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

This section is normally the most detailed part of the justification. To assist you in preparing this justification, an introductory sentence and the four circumstances of FAR 8.405-6 that justify restricting the number of schedule holders are provided below. Select the appropriate cite, then provide, in narrative form, a detailed explanation supporting the specific circumstance cited for limiting the number of schedule holders.

(Introductory sentence) FAR 8.405-6 requires an ordering activity to justify its actions when restricting consideration of schedule contractors to fewer than required in FAR 8.405-1 or FAR 8.405-2.

After selecting the appropriate cite, next select one of the four sentences below and provide a detailed explanation supporting the specific circumstance cited.

FAR 8.405-6(a)(1)(i)(B), “Only one source is capable of responding due to the unique or specialized nature of the work”. (Provide a detailed justification with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement.

The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements are not acceptable.)

FAR 8.405-6(a)(1)(i)(C), “The new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures.” The original order was not issued under sole source or limited source procedures. (Provide details on the previously competed order and explain how this order is a logical follow-on to that order. Explain fully the connection between the previous work/order and the current one.

The user/customer typically provides this supporting information. General statements are not acceptable.)

FAR 8.405-6(a)(1)(i)(A), “An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.” (Provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the schedule impact if time were to be taken to follow FSS ordering procedures. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.)

FAR 8.405-6(b)(1), “The item is peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.” (Brand name specifications should not be used unless the particular brand name, product or feature is essential to the Government's requirements. Therefore, explain why the particular brand item is essential to the Government's requirements, and why other companies' similar items, or products lacking the particular feature, do not meet, or

April 2024 SOURCE SELECTION SENSITIVE Page 9 of 10 cannot meet, or cannot be modified to meet, the agency's need. The user/customer typically provides this supporting information.

General statements are not acceptable.)

V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

This section needs to be tailored based upon whether the order is for supplies/services not requiring a statement of work (FAR 8.405-1) or if the order is for services requiring a statement of work (FAR 8.405-2).

For FAR 8.405-1 orders the best value determination needs to be based upon the supply or service offered under MAS contracts by surveying at least three schedule contractors through the GSA Advantage! on-line shopping service, or by reviewing the catalogs or price lists of at least three schedule contractors. The ordering Contracting Officer's review of the Contractor's price list(s) and any price reductions sought is also required. (Contracting Officer should seek additional price discounts/concessions based on the specific order requirements on all orders over the micro-purchase threshold.) In addition to price, when determining best value, the ordering activity may consider, among other factors, past performance, special features of the supply or service required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, environmental and energy efficiency considerations, and delivery terms.

When an order contains brand name specifications, the Contracting Officer shall post the Request for Quote (RFQ) along with the basis of the justification as required by FAR 8.405-6(b)(3).

For FAR 8.405-2 orders for services requiring a statement of work, FAR 8.405-2(d) requires that an evaluation be performed based on the criteria provided to the schedule contractors. Therefore, the justification must address how the FAR 8.404(d) requirement for an evaluation of the proposed level of effort and mix of labor will be conducted and include a statement that the Contracting Officer will perform a price reasonableness determination as part of the best value determination.

VI. Description of the market research conducted and the results, or explain why market research was not conducted.

Discuss market research that was conducted among schedule holders and the market research results that led to the conclusion to go sole source or to limit the number of schedule holders to be solicited. The narrative in this section should provide a high level of confidence that the requirements of FAR 8.405-1 and FAR 8.405-2 could not be met. If no market research was conducted, state so and provide the rationale.

VII. Other facts supporting the justification.

When FAR 8.405-6(a)(1)(i)(C) is cited for an follow-on acquisition as the basis for the justification, include an estimate of the cost that would be duplicated and the basis and derivation of the estimate, or provide details on why a delay to solicit additional schedule holders would be unacceptable.

Provide any other facts supporting the Limited Sources Justification.

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

Describe all efforts to be taken to remove or overcome any barriers that preclude the agency from meeting the requirements of FAR 8.405-1and FAR 8.405-2 before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.

IX. Certification by the Contracting Officer.

The contracting officer's signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

X. Certification by the technical/requirements personnel

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As evidenced by their signatures on the signature page, the technical/requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.

April 2024 Page of Authority: Multiple Award Schedule Program (FAR 8.405-6) Is this a Bridge Action?

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( See guidance at the end of this document for completing the following sections. ) I. Contracting Activity.

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

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

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

VI. Description of the market research conducted and the results, or explain why market research was not conducted.

VII. Other facts supporting the justification.

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

IX. Certification by the Contracting Officer.

X. Certification by the technical/requirements personnel.

GUIDANCE

I. Contracting Activity.

Fully identify the contracting activity responsible for the proposed contracting action. Include the name/phone number of the Contracting Officer. Specifically identify as a “Limited Sources” Justification. Identify purchase request number, if applicable.

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

State whether the action is a new order or by modification to an existing order. Identify the GSA schedule number, the Blanket Purchase Agreement (BPA) number, the order number for the current action, and the Contactor(s). Indicate the Period of Performance (PoP). Also identify the type of the order/line items on the order (e.g. Firm Fixed Price, Labor Hour, etc).

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

Specifically describe the supplies and/or services to be acquired including the price and quantity of each item in the order and state the total estimated value of the order. For services, state whether the services are performance-based and, if not, provide rationale for not being performance based. Also state the delivery/performance schedule/period for the items under the order.

IV. Identification of the justification/rationale for limiting sources and demonstration of the contractor's unique qualifications to provide the required supply/service.

This section is normally the most detailed part of the justification. To assist you in preparing this justification, an introductory sentence and the four circumstances of FAR 8.405-6 that justify restricting the number of schedule holders are provided below. Select the appropriate cite, then provide, in narrative form, a detailed explanation supporting the specific circumstance cited for limiting the number of schedule holders.

(Introductory sentence) FAR 8.405-6 requires an ordering activity to justify its actions when restricting consideration of schedule contractors to fewer than required in FAR 8.405-1 or FAR 8.405-2.

After selecting the appropriate cite, next select one of the four sentences below and provide a detailed explanation supporting the specific circumstance cited.

FAR 8.405-6(a)(1)(i)(B), “Only one source is capable of responding due to the unique or specialized nature of the work”. (Provide a detailed justification with supporting documentation, as evidence of the “unique or highly specialized” nature of the procurement. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements are not acceptable.)

FAR 8.405-6(a)(1)(i)(C), “The new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures.” The original order was not issued under sole source or limited source procedures. (Provide details on the previously competed order and explain how this order is a logical follow-on to that order. Explain fully the connection between the previous work/order and the current one. The user/customer typically provides this supporting information. General statements are not acceptable.)

FAR 8.405-6(a)(1)(i)(A), “An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.” (Provide a detailed justification with supporting documentation that explains the exact urgency of the requirement and the schedule impact if time were to be taken to follow FSS ordering procedures. The user/customer typically provides this supporting information. Recommend attaching supporting documentation to the back of the document. General statements of urgency are not acceptable.)

FAR 8.405-6(b)(1), “The item is peculiar to one manufacturer. A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer.” (Brand name specifications should not be used unless the particular brand name, product or feature is essential to the Government's requirements. Therefore, explain why the particular brand item is essential to the Government's requirements, and why other companies' similar items, or products lacking the particular feature, do not meet, or cannot meet, or cannot be modified to meet, the agency's need. The user/customer typically provides this supporting information. General statements are not acceptable.)

V. Determination by the ordering activity Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

This section needs to be tailored based upon whether the order is for supplies/services not requiring a statement of work (FAR 8.405-1) or if the order is for services requiring a statement of work (FAR 8.405-2).

For FAR 8.405-1 orders the best value determination needs to be based upon the supply or service offered under MAS contracts by surveying at least three schedule contractors through the GSA Advantage! on-line shopping service, or by reviewing the catalogs or price lists of at least three schedule contractors. The ordering Contracting Officer's review of the Contractor's price list(s) and any price reductions sought is also required. (Contracting Officer should seek additional price discounts/concessions based on the specific order requirements on all orders over the micro-purchase threshold.) In addition to price, when determining best value, the ordering activity may consider, among other factors, past performance, special features of the supply or service required for effective program performance, trade-in considerations, probable life of the item selected as compared with that of a comparable item, warranty considerations, maintenance availability, environmental and energy efficiency considerations, and delivery terms.

When an order contains brand name specifications, the Contracting Officer shall post the Request for Quote (RFQ) along with the basis of the justification as required by FAR 8.405-6(b)(3).

For FAR 8.405-2 orders for services requiring a statement of work, FAR 8.405-2(d) requires that an evaluation be performed based on the criteria provided to the schedule contractors. Therefore, the justification must address how the FAR 8.404(d) requirement for an evaluation of the proposed level of effort and mix of labor will be conducted and include a statement that the Contracting Officer will perform a price reasonableness determination as part of the best value determination.

VI. Description of the market research conducted and the results, or explain why market research was not conducted.

Discuss market research that was conducted among schedule holders and the market research results that led to the conclusion to go sole source or to limit the number of schedule holders to be solicited. The narrative in this section should provide a high level of confidence that the requirements of FAR 8.405-1 and FAR 8.405-2 could not be met. If no market research was conducted, state so and provide the rationale.

VII. Other facts supporting the justification.

When FAR 8.405-6(a)(1)(i)(C) is cited for an follow-on acquisition as the basis for the justification, include an estimate of the cost that would be duplicated and the basis and derivation of the estimate, or provide details on why a delay to solicit additional schedule holders would be unacceptable.

Provide any other facts supporting the Limited Sources Justification.

VIII. Actions the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services.

Describe all efforts to be taken to remove or overcome any barriers that preclude the agency from meeting the requirements of FAR 8.405-1and FAR 8.405-2 before any subsequent acquisition for the supplies or services is made. If no actions are planned, so state and provide reasons.

IX. Certification by the Contracting Officer.

The contracting officer's signature on the signature page evidences that he/she has determined this document to be both accurate and complete to the best of his/her knowledge and belief.

X. Certification by the technical/requirements personnel

As evidenced by their signatures on the signature page, the technical/requirements personnel have certified that any supporting data contained herein which is their responsibility is both accurate and complete.

9.0.0.2.20120627.2.874785

USAFE-AFAFRICA/A4M / DSN 314-480-8890

Name: Ms. Ina Hemmer

764 ESS/PKAA / DSN 314-489-5286

Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: Ms. Ina Hemmer

764 ESS/PKAA / DSN 314-489-5286

Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ] Name: [ Name ] [ Office Symbol / Phone Number ]