Justification and Approval - Brand Name Justification.pdf

CUI

Provide program updates, fixes, security alerts and critical patch updates.

Upgrade scripts.

Provide major product and technology releases, which includes general maintenance releases, selected functionality releases, and documentation updates.

Provide basic support for email-initiated support requests during regular business hours.

The Contractor shall be an authorized reseller of the software manufacturer.

Provide software maintenance including troubleshooting and responses to general questions.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

The statutory authority permitting other than full and open competition is:

(Check the applicable U.S.C. authority from the listing below)

___ 10 U.S.C. 2304(c)(1) or 41 U.S.C. 3304(a)(1), Only one responsible source and no other supplies or services will satisfy agency requirements (FAR 6.302-1, DFARS 206.302-1)

___ 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2), Unusual and compelling urgency (FAR 6.302-

2, DFARS 206.302-2))

___ 10 U.S.C. 2304(c)(3) or 41 U.S.C. 3304(a)(3), Industrial mobilization; engineering, developmental, or research capability; or expert services (FAR 6.302-3, DFARS 206.302-3)

___ 10 U.S.C. 2304(c)(4) or 41 U.S.C. 3304(a)(4), International agreement (FAR 6.302-4, DFARS 206.302-4)

___ 10 U.S.C. 2304(c)(5) or 41 U.S.C. 3304(a)(5), Authorized or required by statute (FAR 6.302-

5, DFARS 206.302-5)

___ 10 U.S.C. 2304(c)(6) or 41 U.S.C. 3304(a)(6), National security (FAR 6.302-6)

___ 10 U.S.C. 2304(c)(7) or 41 U.S.C. 3304(a)(7), Public Interest (FAR 6.302-7, DFARS 206.302- 7)

X 41 U.S.C. 1901 or 41 U.S.C. 1903, This J&A satisfies the FAR 13.501(a)(1) and (2) regulations to justify a sole source (including brand name) commercial item acquisition or portion of a commercial item acquisition requiring a brand name. Note: Check the above statement applicable if the J&A is for a sole source (including brand name) acquisition for a commercial product or service with an estimated value greater than the Simplified Acquisition Threshold (SAT) but not exceeding $7million (including options) ($13million for acquisitions described in FAR 13.500(c)) that is to be awarded using the simplified procedures for certain commercial items prescribed by

FAR 13.5.

___ This J&A satisfies the DFARS 211.104 regulation to justify use of brand name or equal purchase descriptions when using sealed bidding (FAR Part 14), negotiated acquisition procedures (FAR Part 15), or simplified procedures for certain commercial items (FAR Subpart 13.5).

___ This justification satisfies the FAR 8.405-6 regulation to justify when restricting consideration IAW FAR 8.405-6(a) or (b). This acquisition is conducted under the authority of the Multiple- Award Schedule Program. The circumstances (i.e. authority) justifying the action is:

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

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

____ In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule (FSS) order provided that the original order was placed IAW the applicable FSS ordering procedures (FAR 8.405-6(a)(1)(i)(C))

____ Item(s) peculiar to one manufacturer (FAR 8.405-6(b))

5. DEMONSTRATION OF CONTRACTOR'S UNIQUE QUALIFICATIONS OR

NATURE OF ACQUISITION THAT REQUIRES USE OF THE CITED AUTHORITY

Restriction of sources for this acquisition is justified in accordance with 41 U.S.C. 1901(c)(1). The requirement described in Paragraph Two above is a follow-on requirement for the continued provision of software licenses, software maintenance, and support needed to sustain an existing HighGear QAMT IT network infrastructure located throughout the DLA Distribution enterprise, as well as provide necessary support to other agencies within the DLA Distribution umbrella. The infrastructure is comprised of software unique to HighGear.

Through market research (See Paragraph Eight below) DLA Distribution J7 personnel have substantiated only authorized HighGear product resellers may sell software licenses, installation services, software maintenance, and technical support needed by customers in the general public and Government using the HighGear software. This is due to the unique training needed to sustain HighGear products. Furthermore, the HighGear product line is protected under copyright laws which limit potential license providers to those authorized by the HighGear Original Equipment Manufacturer (OEM), Swift Software, Inc.

6. SYNOPSIS ANNOUNCEMENT/POTENTIAL SOURCES

When procuring commercial supplies not to exceed $7 million, Contracting Officers are authorized to use simplified acquisition procedures in accordance with FAR subpart 13.5. Furthermore, the use of simplified acquisition procedures in FAR part 12 allows the use of streamlined solicitation procedures as prescribed at FAR subpart 12.6. These streamlined procedures allow the Government to combine both the synopsis and solicitation in a single document. Therefore, the requirement will be publicized in accordance with FAR subpart 12.603(a) providing for a combined synopsis/solicitation.

7. DETERMINATION OF FAIR AND REASONABLE COST

The Contracting Officer, using price analysis technique at FAR subpart 15.404-1(b), will make an affirmative fair and reasonable price determination.

8. DESCRIPTION OF MARKET RESEARCH

In accordance with FAR Part 10, Market Research was performed by DLA Distribution J7 to arrive at the most suitable approach for the purchase of HighGear software licenses, software maintenance, and technical support. Market research included: 1) a direct OEM inquiry with Swift Software, Inc. to determine the authorized HighGear resellers nationwide; and 2) the examination of the authorized HighGear resellers on the General Service Administration eLibrary and the NASA Solutions for Enterprise Wide Procurements web sites (See paragraph 4 - Only One Responsible Source/a Limited Number of Responsible Sources and No Other Supplies or Services Will Satisfy Agency Requirements). Results of the market research conclude 1) the procurement of the HighGear software licenses, software maintenance, and technical support are commercial items customarily sold, leased, or licensed to the general public; and 2) competition exists amongst three (3) known authorized HighGear distributors.

9. OTHER SUPPORTING FACTS:

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

___ Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

___ When FAR 6.302-1, only one responsible source, is cited for follow-on acquisitions as described in FAR 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

___ When FAR 6.302-1, only one responsible source, is cited, as described in DFARS 206.302(d) and DFARS PGI 206.303-2(b)(i)(A), include the results of the request for information (RFI)/Sources Sought Notice posted IAW DFARS PGI 206.302-1 (unless the requirement to post has been waived).

___ When FAR 6.302-1, only one responsible source, is cited, as described in FAR 6.302- 1(c)(1)(B), indicate that the use of such descriptions (brand-name description or other purchase description to specify a particular brand-name, product, or feature of a product, peculiar to one manufacturer) in the acquisition or portion of an acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company.

___ When FAR 6.302-2, unusual and compelling urgency, is cited, provide data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

___ When FAR 6.302-6, national security, is cited, describe how disclosure of the Government's needs would compromise the national security (e.g., would violate security requirements). This authority must not be used merely because the acquisition is classified, or merely because access to classified matter will be necessary to submit a proposal or to perform the contract.

___ 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.

___ For a sole-source 8(a) contract over $100 million, include such other matters as the head of the agency concerned shall specify for purposes of this section.

___ Other facts supporting the justification:

10. LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION

Swift Software, Inc. CAGE Code: 4GZ99 8490 Progress Drive Current SAM Registration Status:

Ste. 250 Registration valid until: 12/25/2024 Frederick, MD 21701-5098 Small Business Concern POC: Josh Yeager Veteran Owned Small Business Email: jyeager@swiftsoftware.com

Government Marketing and CAGE Code: 3GCT2 Procurement, LLC Current SAM Registration Status:

13350 Ranch Rd 12 Registration valid until: 10/1/2024 Wimberley, TX 78676-5304 Small Business Concern POC: Mark Grazdan Veteran Owned Small Business Service Disabled Veteran Owned Small Business

Alvarez, LLC CAGE Code: 35LK3 161 Fort Evans Road. Current SAM Registration Status:

Ste. 335 Registration valid until: 3/1/2024 Leesburg VA 20176-3375 Small Business Concern POC: Joshua Gauldfeldt Veteran Owned Small Business Service Disabled Veteran Owned Small Business