Brand_Name_Justification_M6700117Q1351.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

V 1.1 (30 June 2016)

MEMORANDUM TO THE FILE

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED ACQUISITION

THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

Requirement is for Polycom Premier Support for Government owned HDX 4500 and HDX 7000

VTC endpoints. The service is a brand name requirement provided by Polycom, and sold through authorized partners. Polycom Premier Support includes Software upgrades and updates, advance parts replacement, telephone support, and access to online support tools. The period of performance will be for one year starting no later than 30 September 2017.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS

BASED ON THE FOLLOWING (select all that apply):

A. ___ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS.

B. _X_ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

Polycom is the sole designer, developer, and integrator of the existing Government owned hardware; HDX 4500 and HDX 7000 VTC endpoints. This hardware requires Polycom branded parts, and access to proprietary software upgrades, updates, and licensing only available through

Polycom in order to function as designed. Only Polycom and its authorized partners are certified to provide service on Polycom equipment without voiding the warranty.