JA Sole Source FAR Part 8.pdf

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CUI//SP-SSEL

JUSTIFICATION REVIEW DOCUMENT

NATIONAL GUARD BUREAU

111 South George Mason Drive Arlington, VA 22204-1373

1. OVERVIEW

a. Program/Equipment Name b. Estimated Price

RFID Plexus $120,000.00

c. Authority 47 USC 4106(c) as implemented in 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.

d. Technical Representative Name Title Email Phone Date TSgt Tinklenberg, Scott Base Comm Squadron Planner scott.tinklenberg@us.af.mil 520-295-6227 August 11, 2025

e. Contracting Officer Name Title Email Phone Date TSgt George Ballesteros Contracting Officer george.ballesteros@us.af.mil 520-295-6112 August 11, 2025

Requirements Representative (If different from Technical Representative.)

Prepared by (If different from Contracting Officer.)

2. REVIEWS

I have reviewed this justification and find it adequate to support other than full and open competition.

✔ Program Manager (If applicable.)

Name Date Phone TSgt Tinklenberg, Scott August 12, 2025 520-295-6227

Program Executive Officer (When item is Program Executive Officer managed.)

Controlled by: National Guard Bureau

Controlled by: Local Office

CUI Category: SOURCE SELECTION Limited Dissemination Control: FEDCON POC: TSgt George Ballesteros 520-295-6112

(Populates from the 1.e. Contracting Officer.)

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Memorandum for Record - Limiting Competition Instructions

Local Control Number NGB Control Number (if applicable)

162-25-0006

1a. CONTRACTING ACTIVITY b. Requiring Activity c. POC 162nd MSC 162d COMM Squadron TSgt Tinlenberg, Scott

2a. NATURE OF ACTION Only one source.

b. Contract Action New Contract

c. Contract Type Firm Fixed Price

d. Fund Type O&M, Air

3a. ESTIMATED PRICE $120,000.00

4a. Name of Requirement RFID Plexus

b. Description of Requirement Maintenance support for Plexus RFID system used by LRS and CS for supply and IT hardware accountability and tracking. Support provides updates, patches, and configuration changes to the system to keep the system functioning and compliant with accreditation requirements. Additionally, maintenance provides on-site and remote support of system issues or changes beyond user operations and local comm capabilities.

c. Demonstrate, in Detail, Why This Specific Item or Service, is the Only One That Meets Your Requirements Sole Source Justification:

History: The Plexus Vision Asset tracking system (the only RFID tracking system accredited to operate across DoD networks) is installed at the 162d, Tucson, AZ.

Authority for Consideration: Federal Acquisition Regulation authority for a consideration of using Conexus as the sole source provider for the additions/augmentations/maintenance/support for the Plexus Vision Asset Tracking system may be found in FAR 6.302-1.

2) When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in—

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C. 2304(d)(1)(B) or 41 U.S.C. 3304(b)(2).)

Reason for Consideration: Conexus is the only source capable of providing the services required at the level of quality because the supplies or services are unique and highly specialized. Conexus is the sole creator of the software and manufacturer of the Plexus product from which the services and products can be obtained. In accordance with the regulatory section cited above, the following is the rationale for this justification for Sole Source Justification, Limited Sources Justification and / or exception to full and open competition:

1. This is a proposed follow-on maintenance contract for the existing installation of the Plexus Vision Asset Tracking System.

2. Conexus created the product “Plexus”.

3. Conexus is the only source capable of providing the services required at the level of quality required because the supplies or services are unique and highly specialized.

4. No other sources are authorized to provide maintenance, service or install additional components for the Plexus Vision Asset Tracking system.

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5a. HAS THIS BEEN PREVIOUSLY PROCURED?

Yes, details are below.✔ No.

b. Contract Number c. Date d. Competitive Status e. Authority Previously Cited (if OTF&O) W50S6S24FA01 September 06, 2024 Sole Source NA

f. Summary of "Actions to Increase Competition" and an explanation of the results.

Conexus Inc (CAGE CODE- 1ZBZ3) is the only vendor that sells the RFID system that integrates with the components in place at the 162nd Morris ANG Wing. In previous acquisitions (W50S6S24FA01) the contracting office attempted to solicit using Brand Name or Equal to increase competition.

However, Conexus Inc. chose not to allow third party vendors respond to the solicitation by not selling them their product. The 162nd only received 1 quote from Conexus Inc. for our previous acquisition.

g. If previously used "Full and Open Competition" explain what changes causing this to now have limited sources.

In previous acquisitions (W50S6S24FA01) the contracting office attempted to solicit using Brand Name or Equal to increase competition. However, Conexus Inc. chose not to allow third party vendors respond to the solicitation by not selling them their product. The 162nd only received 1 quote from Conexus Inc. for our previous acquisition. Due to previous history and a Conexus Inc being the only vendor that can provide compatible equipment, it is recommend that this requirement be solicited as a Sole Source.

h. Provide an explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

This acquisition moving forward will most likely be required to be posted as a Sole Source as historical and current market research concluded that Nexus is the only vendor who can provide compatible equipment.

i. If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

N/A. It was solicited as a Brand Name or Equal.

j. Provide any other facts necessary to justify limiting competition that were not previously stated.

N/A

6a. AUTHORITY CITED 47 USC 4106(c) as implemented in 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.

b. Reason for Authority Cited ⋯

Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor's unique qualifications for fulfilling the contract requirements.

(a) The rationale used for justifying the cited authority should be consistent throughout the document as appropriate.

(b) Describe the reason for authority cited:

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

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; OR

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 not previously issued under sole-source or limited-sources procedures.

(c) If applicable, explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition were not developed or are not available.

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.

Conexus Inc., the creator of the Plexus Asset Tracking System installed at the 162d Wing, gives them a unique qualifications. The proprietary factors involved in the Conexus products and services are only available through Conexus. There is no other source that can provide the support required that is compatible with the Plexus equipment that meets the level of quality to keep Comm's equipment operating. This support is unique and highly specialized. Conexus Inc. is the sole source for the software for the Plexus product from which the services and products can be obtained.

7. POSTING REQUIREMENTS

None.

8. CONTRACTING REQUIREMENTS

a. Efforts to Obtain Competition ⋯

Sources Sought have been posted via GSA to search for additional vendors who can purchase the equiment from Conexus Inc. or provide an or equal item that can integraded into our current systems. The sources sought revealed that Conexus was planning to submit a bid directly to the solication was was not entertaining allowing resellers to purchase their products to quote on the previous requirement.

b. Actions to Increase Competition ⋯

Unable to increase competition as the manufacture bids directly to the solicitation and will not allow resellers to puchase their products to submit for the solicitaion.

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c. Market Research ⋯

Initial customer market research indicates this to be a sole source procurement. Conexus Inc., the creator of the Plexus Asset Tracking System installed at the 162d Wing, gives them a unique qualifications. The proprietary factors involved in the Conexus products and services are only available through Conexus. There is no other source that can provide the support required that is compatible with the Plexus equipment that meets the level of quality to keep Comm's equipment operating. This support is unique and highly specialized. Conexus Inc. is the sole source for the software for the Plexus product from which the services and products can be obtained.

Historical Acquisitions:

-W50S6S24FA018, Awarded 06 September 2025, $25,000.00 to Conexus Inc. Cage Code- 1ZBZ3.

Previous RFI in GSA and NASA SEWP, the only response received was from Conexus Inc. on GSA confirming positive and favorable capability for potential Delivery Order.

Based on the results of this market research, I recommend moving forward with a Sole Source and procuring this item using Conexus Inc contract through GSA (47QRCA24D00P5).

Quote: 0532126A

d. Interested Sources ⋯

N/A

e. Other Facts ⋯

N/A

9. REQUIRING ACTIVITY CERTIFICATION

Technical and Requirements 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 Date Title TSgt Tinklenberg, Scott August 11, 2025 Base Comm Squadron Planner

Phone Email 520-295-6227 scott.tinklenberg@us.af.mil

11. APPROVAL

Contracting Officer (KO)

1. I hereby determine that the anticipated cost to the government for this contract action will be Fair and Reasonable.

2. I certify that this Justification is accurate and complete to the best of my knowledge and belief.

(This certification shall be made by the contracting Officer who will sign the contract resulting from this Justification and Approval.)

Name Date Phone TSgt Ballesteros, George August 11, 2025 520-295-6112

Email george.ballesteros@us.af.mil

12. REDACTION INSTRUCTIONS

After completion and signatures, print to PDF. Then redact items such as, but not limited to:

1. Dollar amounts.

2. Names.

3. Signatures.

4. Proprietary information.

FAR 5.401, FAR 24.1, and FAR 24.2

Draft

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LIMITED COMPETITION REQUEST

NATIONAL GUARD BUREAU

111 South George Mason Drive Arlington, VA 22204-1373 Instructions:

1. Complete all fields in the form. Fields will expand if necessary.

2. Sign and save the form.

3. Do not complete Contracting's section.

1a. REQUIRING ACTIVITY

b. POC

c. Date

d. Request Type

e. Fund Type Sole Source - a contract for the purchase of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only one source.

Brand Name - a purchase description that calls for a particular brand-name product, or a feature of a product that is peculiar to one manufacturer, and which does not permit the offer or delivery of an equal.

Unusual and Compelling Urgency - a condition that will lead to serious injury if a procurement is not undertaken immediately. However, 10 USC 2304(f)(5)(A) and 41 USC 3304(d)(5)(A)(i) preclude the use of this exception to full and open competition if the urgency is created by lack of acquisition planning or concerns over the amount of funds available for the procurement.

d. Request Type

e. Fund Type Sole Source - a contract for the purchase of supplies or services that is entered into or proposed to be entered into by an agency after soliciting and negotiating with only one source.

Brand Name - a purchase description that calls for a particular brand-name product, or a feature of a product that is peculiar to one manufacturer, and which does not permit the offer or delivery of an equal.

Unusual and Compelling Urgency - a condition that will lead to serious injury if a procurement is not undertaken immediately. However, 10 USC 2304(f)(5)(A) and 41 USC 3304(d)(5)(A)(i) preclude the use of this exception to full and open competition if the urgency is created by lack of acquisition planning or concerns over the amount of funds available for the procurement.

2a. ESTIMATED PRICE OF SOLE SOURCE ITEM/SERVICE 2a. ESTIMATED PRICE OF BRAND NAME ITEM/SERVICE 3a. NAME OF REQUIREMENT

DESCRIPTION OF SUPPLIES/SERVICES

b. Description of Requirement.

c. Demonstrate, in Detail, Why This Specific Item or Service, is the Only One That Meets Your Requirements.

d. HAVE ANY SOURCES EXPRESSED INTEREST IN WRITING?

SOURCE LIST (Provide Names, Phone Numbers, Email Address, etc.)

4a. REQUESTOR AUTHORITY CITED Identify any statutory authority or internal regulation that supports your request.

Do not state contracting authority, provide requiring activity authority.

b. REASON AUTHORITY CITED Describe circumstances preventing full and open competition and describe what harm will come to the Government if this action is not taken.

4a. HAS THIS BEEN PREVIOUSLY PROCURED?

b. Contract Number

c. Date

d. Competitive Status

e. Authority Previously Cited (if OTF&O)

f. Summary of "Actions to Increase Competition" and an explanation of the results.

g. If previously used "Full and Open Competition" explain what changes causing this to now have limited sources.

h. Provide an explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

i. If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

j. Provide any other facts necessary to justify limiting competition that were not previously stated.

JUSTIFICATION REVIEW DOCUMENT

NATIONAL GUARD BUREAU

111 South George Mason Drive Arlington, VA 22204-1373

CONTROL NUMBER

1. OVERVIEW

a. Program/Equipment Name

b. Estimated Price

c. Authority

d. Technical Representative Name Title Email Phone Date

e. Contracting Officer Name Title Email Phone Date Requirements Representative (If different from Technical Representative.)

Name Title Email Phone Date Prepared by (If different from Contracting Officer.)

Name Title Email Phone Date

2. REVIEWS

I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager Name Date Phone Program Manager (If applicable.)

Name Date Phone Program Executive Officer (When item is Program Executive Officer managed.)

Name Date Phone Legal Counsel (If directed by Approval Thresholds Matrix.)

Name Date Phone Command Advocate for Competition (If J&A is over $750K but not exceeding $15M.)

Name Date Phone Senior Contracting Official (If total dollar value is over $15M but not exceeding $100M.)

Name Date Phone Head of the Contracting Activity (If total dollar value is over $100M; if delegated SCO at GO/SES level only; otherwise HCA.)

Name Date Phone Controlled by:

Controlled by:

CUI Category: SOURCE SELECTION Limited Dissemination Control: FEDCON

POC:

(Populates from the 1.e. Contracting Officer.)

Justification for Other than Full and Open Competition Memorandum for Record - Limiting Competition Limited Source Justification Memorandum for Record - Absence of Competition Justification for an Exception to Fair Opportunity Justification for Other than Full and Open Competition MPT - $25K Justification for Other than Full and Open Competition $25K - SAT Justification for Other than Full and Open Competition SAT - $700K Justification for Other than Full and Open Competition MPT - SAT Justification for Other than Full and Open Competition SAT - $700K Memorandum for Record - Limiting Competition MPT - $25K Memorandum for Record - Limiting Competition $25K - SAT Memorandum for Record - Limiting Competition MPT - SAT Limited-Sources Justification SAT - $700K Memorandum for Record - Absence of Competition MPT - $25K Memorandum for Record - Absence of Competition $25K - SAT Justification for Other than Full and Open Competition SAT - $700K Justification for an Exception to Fair Opportunity MPT - $30K Justification for an Exception to Fair Opportunity $30K - SAT Justification for an Exception to Fair Opportunity SAT - $700K Justification for an Exception to Fair Opportunity MPT - SAT Justification for an Exception to Fair Opportunity SAT - $700K Grey fields are generated by the tool. Blue fields require contracting input.

Local Control Number NGB Control Number (if applicable) 1a. CONTRACTING ACTIVITY

b. Requiring Activity

c. POC 2a. NATURE OF ACTION

b. Contract Action

c. Contract Type

d. Fund Type 3a. ESTIMATED PRICE 4a. Name of Requirement Contracting's Response:

Provide additional response?

b. Description of Requirement Contracting's Response:

Provide additional response?

c. Demonstrate, in Detail, Why This Specific Item or Service, is the Only One That Meets Your Requirements Provide additional response?

Contracting's Response:

d. HAVE ANY SOURCES EXPRESSED INTEREST IN WRITING?

Requestor Stated:

Contracting's Response:

Provide additional response?

Provide instructions.

5a. HAS THIS BEEN PREVIOUSLY PROCURED?

b. Contract Number

c. Date

d. Competitive Status

e. Authority Previously Cited (if OTF&O)

f. Summary of "Actions to Increase Competition" and an explanation of the results.

g. If previously used "Full and Open Competition" explain what changes causing this to now have limited sources.

h. Provide an explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

i. If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

j. Provide any other facts necessary to justify limiting competition that were not previously stated.

6a. AUTHORITY CITED

b. Reason for Authority Cited Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor's unique qualifications for fulfilling the contract requirements.

(a) The rationale used for justifying the cited authority should be consistent throughout the document as appropriate.

(b) Justifications citing FAR 6.302-1(a)(2)(ii) or (iii) as the authority for less than full and open competition on a follow-on contract must reflect (1) substantial duplication of cost that is not expected to be recovered through competition and/or (2) unacceptable delays in filling agency requirements. If the authority cited is substantial duplication of costs, then paragraph 5 should compare the duplicate costs the government would incur to create competition and the estimated savings expected to be recovered through subsequent competition. In addition, the justification must include an explanation for how the requesting office derived their estimates and why they believe they are a substantial duplication. Justifications citing unacceptable delays must identify firm schedule limitations that do not result from a lack of planning. For example, firm schedule limitations could include an approved Army campaign plan or significant loss of life or property.

(c) Justifications citing FAR 6.302-1(c) and specifying brand name or brand name equivalent descriptions, or proprietary specifications or standards shall be supported in accordance with 10 U.S.C. 2304(f) (or equivalent 10 U.S.C. renumber effective 1, Jan 2022) and in accordance with DFARS 206.302-1(c)(2).

(d) Justifications citing FAR 6.302-2 must explain how failure to limit sources would seriously injure the Government, and include a discussion of the required delivery schedule and lead-time involved. If the delay associated with the requirement for first article testing is the principal reason for not awarding the contract on a full and open basis, clearly describe the reasons why first article testing is required and why other quality assurance techniques are inadequate. Contracting officers may submit J&As citing this authority for approval after the contract has been awarded (see FAR 6.302-2(c)(1)).

(e) Justifications citing FAR 6.302-2 or 6 must request offers from as many potential sources as practicable under the circumstances.

(f) If applicable, explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition were not developed or are not available.

Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor's unique qualifications for fulfilling the contract requirements.

(a) The rationale used for justifying the cited authority should be consistent throughout the document as appropriate.

(b) Describe the reason for authority cited:

FAR 8.405-6(a)(1)(i)(A): An urgent and compelling need exists, and following the procedures would result in unacceptable delays; OR 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; OR 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 not previously issued under sole-source or limited-sources procedures.

(c) If applicable, explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition were not developed or are not available.

Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor's unique qualifications for fulfilling the contract requirements.

Describe how this action requires the use of the authority; FAR 16.505(b)(2). If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor's unique qualifications for fulfilling the contract requirements.

(a) The rationale used for justifying the cited authority should be consistent throughout the document as appropriate.

(b) If applicable, explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition were not developed or are not available.

7. POSTING REQUIREMENTS

None.

Include justification with solicitation (FAR 6.302-1(c)(1)(ii)(C)), the justification shall be posted with the solicitation (see 5.102(a)(6)).

RFI or sources sought notice (DFARS 206.303-2). Post the justification within 14 days after contract award on SAM for a minimum of 30 days (FAR 6.305).

Post the justification within 30 days after contract award on FBO for a minimum of 30 days (FAR 6.305).

The Congress shall be notified in writing of such determination not less than 30 days before award of the contract (FAR 6.302-7(c)(2)).

The Congress shall be notified in writing of such determination not less than 30 days before award of the contract (FAR 6.302-7(c)(2)). Post the justification within 14 days after contract award on SAM for a minimum of 30 days (FAR 6.305).

Shall post a notice and the Limited Source Justification within 30 days after placing an order or establishing a BPA on SAM (GPE) for a minimum of 30 days (FAR 8.405-6(a)(2)(ii)).

Shall post a notice and the Limited Source Justification within 14 days after placing an order or establishing a BPA on SAM (GPE) for a minimum of 30 days (FAR 8.405-6(a)(2)(i)).

Documentation of basis for restricting to brand name shall be posted along with the RFQ to e-Buy (FAR 8.405-6(b)(3)(i)(A)).

Limited Source Justification shall be posted along with the RFQ to e-Buy (FAR 8.405-6(b)(3)(i)(B)).

Include MFR with solicitation (FAR 13.106-1(b)(3)).

Make publicly available the justification with the solicitation (FAR 13.501(a)(1)(iv)).

None.

MFR isn't posted but RFQ shall be synopsized IAW FAR 5.101 & 5.203.

Post the justification within 14 days after contract award at the GPE (SAM.gov) for a minimum of 30 days (or if unusual and compelling urgency 30 days after contract award for a minimum of 30 days) (FAR 13.501(a)(1)(iii)).

Shall post a notice and the justification within 30 days after placing an order on SAM (GPE) for a minimum of 30 days (FAR 16.505(b)(2)(ii)(D)(3)).

Post justification and supporting documentation on SAM/agency website used (if any) to solicit offers for orders under the contract or provide the justification and supporting documentation along with solicitation to all contract awardees (FAR 16.505(a)(4)(iii)).

Shall post a notice and the justification within 14 days after placing an order at the GPE (SAM.gov) for a minimum of 30 days (FAR 16.505(b)(2)(ii)(D)).

The Congress shall be notified in writing of such determination not less than 30 days before award of the contract (FAR 6.302-7(c)(2)).

The Congress shall be notified in writing of such determination not less than 30 days before award of the contract (FAR 6.302-7(c)(2)). Post the justification within 14 days after contract award on SAM for a minimum of 30 days (FAR 6.305).

None - see 16.505(b)(2)(ii).

7a. REQUESTOR AUTHORITY

b. PROVIDE DETAILS OF PROCUREMENT AUTHORITY Requestor Stated:

Contracting's Response:

Provide additional response?

Identify any statute or internal regulation that supports your request.

c. DESCRIBE HOW THIS ACTION REQUIRES THE USE OF THE AUTHORITY CITED Requestor Stated:

Contracting's Response:

Provide additional response?

Provide instructions.

8. CONTRACTING REQUIREMENTS

a. Efforts to Obtain Competition Describe the efforts to solicit offers from as many potential sources as is practicable. Also, state that the notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered. If a notice is not posted, state which exception in FAR 5.202 applies.

a. Effective competition. Describe the extent of effective competition anticipated for this acquisition.

b. Subcontracting competition. In single source situations, address efforts by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting.

Describe the efforts to solicit offers from as many potential sources as is practicable.

a. Effective competition. Describe the extent of effective competition anticipated for this acquisition.

b. Subcontracting competition. In single source situations, address efforts by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting.

Describe the efforts to solicit offers from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

Describe the efforts to solicit offers from as many potential sources as is practicable. Also, state that the notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered. If a notice is not posted, state which exception in FAR 5.202 applies.

a. Effective competition. Describe the extent of effective competition anticipated for this acquisition.

b. Subcontracting competition. In single source situations, address efforts by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting.

c. DESCRIBE ACTIONS TAKEN, OR TO BE TAKEN, TO INCREASE COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION

b. Actions to Increase Competition When citing the authority at FAR 6.302-1 for a non-competitive follow-on to a previous award for the same supply or service, include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers that led to the restricted consideration cited on the previous justification were completed. The approval authority shall determine whether the planned actions were completed. If the actions were not completed, the justification for the follow-on action must be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 6.304; DFARS 206.304(a)(4) and PGI 206.304). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.) There may be instances when it is not possible to compete the current acquisition. In these cases, include a statement of the actions taken, or to be taken, to increase competition (e.g., procure needed technical data for full and open competition or breakout subsystems or components for full and open competition) before any subsequent acquisition of the supplies or services. If future competition will be based on the procurement of technical data, provide the approximate date the technical data package will be available.

Please include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers that led to the restricted consideration cited on the previous justification were completed. The approval authority shall determine whether the planned actions were completed. If the actions were not completed, the justification for the follow-on action must be approved by the approval authority one-level above the approval authority for the previous justification (see DFARS 208.405-6(a)(1)(i)(B) or (C) and PGI 208.405-6). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level. There may be instances when it is not possible to compete the current acquisition. In these cases, include a statement of the actions taken, or to be taken, to increase competition (e.g., procure needed technical data for full and open competition or breakout subsystems or components for full and open competition) before any subsequent acquisition of the supplies or services. If future competition will be based on the procurement of technical data, provide the approximate date the technical data package will be available.

If this is a follow-on requirement and an approved justification exists, a copy of the approved justification should be attached. A copy of the approved justification is required to allow the approving authority for this justification to determine if the planned actions to remove barriers that led to the restricted competition on the previous justification were completed. If the planned actions to remove those barriers were not completed, this justification must be approved one-level above the approving authority. There may be instances when it is not possible to compete the current acquisition. In these cases, include a statement of the actions taken, or to be taken, to increase competition (e.g., procure needed technical data for full and open competition or breakout subsystems or components for full and open competition) before any subsequent acquisition of the supplies or services. If future competition will be based on the procurement of technical data, provide the approximate date the technical data package will be available.

NOTE: IAW DFARS 216.505(b)(2) and PGI 216.505, for any order exceeding SAT, that is a follow-on to an order previously issued for the same supply or service based on a justification for an exception to fair opportunity citing the authority at FAR 16.505(b)(2)(i)(B) or (C), the justification shall include a copy of the previous justification to assist the approval authority in determining whether the actions to remove or overcome any barriers that led to the exception to fair opportunity cited on the previous justification were completed and the approval authority shall determine whether the planned actions were completed. If the actions were not completed, the justification for the follow-on action must be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 16.505(b)(2)(ii)(C).

If the previous justification was approved by the SPE, the approval remains at the SPE level. There may be instances when it is not possible to compete the current acquisition. In these cases, include a statement of the actions taken, or to be taken, to increase competition (e.g., procure needed technical data for full and open competition or breakout subsystems or components for full and open competition) before any subsequent acquisition of the supplies or services. If future competition will be based on the procurement of technical data, provide the approximate date the technical data package will be available.

Provide instructions.

c. Market Research Describe the extent and the results of the market research (FAR Part 10 and DFARS 210.001) conducted to identify all qualified sources. Research must have been meaningful (demonstrated attempt to discover all relevant material) and the Contracting Officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate, and relevant.

Describe the extent and the results of the market research (FAR Part 10) conducted to identify all qualified sources. Research must have been meaningful (demonstrated attempt to discover all relevant material) and conducted within the previous 12 months.

Describe the extent and the results of the market research (FAR Part 10 and DFARS 210.001) conducted to identify all qualified sources. Research must have been meaningful (demonstrated attempt to discover all relevant material) and the Contracting Officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate, and relevant.

Describe the extent and the results of the market research (FAR Part 10) conducted to identify all qualified sources. Research must have been meaningful (demonstrated attempt to discover all relevant material) and conducted within the previous 12 months.

d. Interested Sources When utilizing the authority at FAR 6.302-1, the contracting officer shall post a request for information or a sources sought notice, and shall include the results of this inquiry in the justification required by FAR 6.303 and PGI 206.302-1. This requirement to post may be waived by the Head of the Contracting Activity, or designee. The waiver authority may not be delegated lower than a general or flag officer or a member of the Senior Executive Service. Include a listing of the sources that have written to express interest in the acquisition. If applicable, clearly state “To date, no other sources have written to express an interest.” If 10 U.S.C. 3204(a)(1)/FAR 6.302-1 is the authority cited, explain why other sources were rejected.

Describe the extent and the results of the market research (FAR Part 10) conducted to identify all qualified sources. Research must have been meaningful (demonstrated attempt to discover all relevant material) and conducted within the previous 12 months Include a listing of the sources that have written to express interest in the acquisition. If applicable, clearly state:

“To date, no other sources have written to express an interest.” Also, state that the notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered. If a notice is not posted, state which exception in FAR 5.202 applies.

Describe the extent and the results of the market research (FAR Part 10) conducted to identify all qualified sources. Research must have been meaningful (demonstrated attempt to discover all relevant material) and conducted within the previous 12 months.

e. Other Facts Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

(1) Contract numbers and dates of all awarded contracts for these same requirements.

(2) The competitive status of these actions.

(3) Authority previously cited if less than full and open competition was used.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

b. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated.

Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

(1) Contract numbers and dates of the last several contracts for these same requirements.

(2) The competitive status of these actions.

(3) Authority previously cited if less than full and open competition was used.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

b. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated.

Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

(1) Contract numbers and dates of all awarded contracts for these same requirements.

(2) The competitive status of these actions.

(3) Authority previously cited if less than full and open competition was used.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

b. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated.

Discuss any other facts supporting the use of other than full and open competition, such as the following:

a Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

(1) Contract numbers and dates of the last several contracts for these same requirements.

(2) The competitive status of these actions.

(3) Authority previously cited if less than full and open competition was used.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

b. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated.

f. PGI 206.303-2 Content. (b)(i) Justifications citing the authority at FAR 6.302-1 to permit the use of other than full and open competition, shall--

(A) Include the results of the request for information or sources sought notice posted in accordance with PGI 206.302-1 (unless the requirement to post has been waived); and

(B) For non-competitive follow-on acquisitions of supplies or services previously awarded on a non-competitive basis, include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed.

g. PGI 206.304 Approval of the justification. (a)(S-70) For a non-competitive follow-on to a previous award for the same supply or service supported by a justification for other than full and open competition citing the authority at FAR 6.302-1—

(i) The justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed; and

(ii) The approval authority shall determine whether the planned actions were completed. If the actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 6.304). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

f. DFARS 206.302-4 International agreement.

(c) Limitations. Pursuant to 10 U.S.C. 2304(f)(2)(E), the justifications and approvals described in FAR 6.303 and 6.304 are not required if the head of the contracting activity prepares a document that describes the terms of an agreement or treaty or the written directions, such as a Letter of Offer and Acceptance, that have the effect of requiring the use of other than competitive procedures for the acquisition.

g. AFARS 5106.302-4 International agreement.

(c) Limitations. When citing the authority at 10 U.S.C. 2304(c)(4) as implemented in FAR 6.302-4 and DFARS 206.302-4(c), the contracting officer must ensure the document referred to in DFARS 206.302-4(c) is titled "International Agreement Competitive Restrictions" (IACR). The IACR describes the terms of an international agreement or treaty, or the written directions of a foreign government reimbursing the cost of the procurement, that have the effect of requiring other than competitive procedures for the procurement. The IACR may be used even when the terms of the agreement or treaty, or the written directions, do not specifically name a required source, provided the agreement or treaty, or the written directions, contain sufficient information to explain why the use of other than competitive procedures is required. The HCA may delegate authority to prepare an IACR to a level no lower than the chief of the contracting office. The contracting officer must include in the contract file the IACR and a copy of the associated Letter of Offer and Acceptance, or other international agreement, treaty, or written directions of the reimbursing foreign government.

g. DFARS 206.302-4 International agreement.

(c) Limitations. Pursuant to 10 U.S.C. 2304(f)(2)(E), the justifications and approvals described in FAR 6.303 and 6.304 are not required if the head of the contracting activity prepares a document that describes the terms of an agreement or treaty or the written directions, such as a Letter of Offer and Acceptance, that have the effect of requiring the use of other than competitive procedures for the acquisition.

f. No justification required if:

(A) Qualified Nonprofit Agencies for the Blind or other Severely Disabled -- 41 U.S.C. 85, Committee for Purchase From People Who Are Blind or Severely Disabled (see Subpart 8.7);

(B) The agency's need is for a brand name commercial item for authorized resale;

(C) When the statute expressly requires that the procurement be made from a specified source. (Justification and approval requirements apply when the statute authorizes, but does not require, that the procurement be made from a specified source);

f. PGI 208.405-6 Limiting sources. For an order or blanket purchase agreement (BPA) exceeding the simplified acquisition threshold that is a follow-on to an order or BPA for the same supply or services previously issued based on a limiting sources justification citing the authority at FAR 8.405-6(a)(1)(i)(B) or (C)—

(1) The limited sources justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers that led to the restricted consideration cited on the previous justification were completed; and

(2) The approval authority shall determine whether the planned actions were completed. If the actions were not completed, the justification for the follow-on action must be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 8.405-6(d)). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

f. DFARS 213.501 Special documentation requirements. (a) Sole source (including brand name) acquisitions.

(i) For non-competitive follow-on acquisitions of supplies or services previously awarded on a non-competitive basis, include the additional documentation required by 206.303-2(b)(i) and follow the procedures at PGI 206.304(a)(S-70).

(ii) In accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and approval addressed in FAR 13.501(a) is required in order to use brand name or equal descriptions or proprietary specifications and standards.

g. DFARS PGI 206.304 Approval of the justification. (a)(S-70) For a non-competitive follow-on to a previous award for the same supply or service supported by a justification for other than full and open competition citing the authority at FAR 6.302-1—

(i) The justification shall include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers to competition cited on the previous justification were completed; and

(ii) The approval authority shall determine whether the planned actions were completed. If the actions were not completed, the justification for the follow-on acquisition shall be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 6.304). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.

f. DFARS 216.505 Ordering.

(b)(2) Exceptions to the fair opportunity process. For an order exceeding the simplified acquisition threshold, that is a follow-on to an order previously issued for the same supply or service based on a justification for an exception to fair opportunity citing the authority at FAR 16.505(b)(2)(i)(B) or (C), follow the procedures at PGI 216.505(b)(2).

g. PGI 216.505…