Motorola Sole Source Justification.pdf

SOLE SOURCE JUSTIFICATION (SSJ) UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

GREATER THAN SAT BUT NOT EXCEEDING $7.5 MILLION

FAR 13.501

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Sole source procurements should only be used when competitive solicitation procedures are not applicable to the requirement or are impracticable. Please remember, that contracting without promoting competition to the maximum extent practicable cannot be justified due to a lack of advance planning by the requiring activity or concerns related to the amount of funds available.

This document shall not be used for Federal Supply Schedule acquisitions.

1. Identification of the agency and the contracting activity, and specific identification of the document as a Justification for Other than Full and Open Competition.

Agency: Drug Enforcement Administration (DEA)

Contracting Activity Processing the Requirement:

Name of Organization Originating the Requirement:

Identification Number (purchase request/solicitation number):

2. The nature and description of the action being approved (e.g., new award, modification, follow-on to previous procurement, et.al.).

3. A description of the supplies or services required to meet the agency's needs.

Total estimated value inclusive of all options:

Period of performance or final delivery date:

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4. An identification of the statutory authority permitting other than competition to the maximum extent practicable.

The simplified acquisition threshold is defined in FAR 2.101. Per FAR 6.001, acquisitions of certain commercial items exceeding the simplified acquisition threshold and conducted using simplified acquisition procedures as authorized by FAR 13.501 are exempt from the requirement to promote full and open competition. Such acquisitions must promote competition to the maximum extent practicable as required by 41 U.S.C. 1901 and FAR 13.104. Because this acquisition will be conducted without promoting competition to the maximum extent practicable, this justification is prepared for review and approval in accordance with FAR 13.106-1(b)(2) and 13.501(a).

Check the appropriate box. Only one box may be checked.

41 U.S.C. 1901, FAR 13.501(a) exceeding the simplified acquisition threshold; or

41 U.S.C. 1903, FAR 13.501(a) emergency procurement (up to $750K within the United States and up to $1.5Million outside the United States)

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-6#FAR_6_001 https://www.acquisition.gov/far/part-13#FAR_13_501 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901&num=0&edition=prelim https://www.acquisition.gov/far/part-13#FAR_13_104 https://www.acquisition.gov/far/part-13#FAR_13_106_1 https://www.acquisition.gov/far/part-13#FAR_13_501 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1901&num=0&edition=prelim https://www.acquisition.gov/far/part-13#FAR_13_501 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1903&num=0&edition=prelim https://www.acquisition.gov/far/part-13#FAR_13_501 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

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7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

9. Any other facts supporting the use of other than competition to the maximum extent practicable, such as:

i. 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.

https://www.acquisition.gov/far/part-10

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ii. When the acquisition is a result in a follow-on acquisition for the continued development or production of a major system or highly specialized equipment, an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

iii. When the justification is based on an urgent and compelling requirement, cite data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

iv. When the justification is for brand name, explain why the particular brand is the only brand that can satisfy the Government’s need. Include in the explanation why other brands do not meet the Government’s requirement.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

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Certifications

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Official ____________________________________ Date _______________

Signature & Title

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Sole Source Justification are accurate and complete to the best of my knowledge and belief.”

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Office Technical Point of Contact ____________________________________ Date _______________ Signature & Title

“I hereby certify that this Sole Source Justification is accurate and complete to the best of my knowledge and belief.”

Contract Specialist ____________________________________ Date _______________ Signature

Contracting Officer ____________________________________ Date _______________ Signature https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1

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“I have reviewed the subject contract action and find it legally sufficient for award.

Chief Counsel Legal ____________________________________ Date _______________ (if over $750,000) Signature

Reviews and Approvals

FAC Section Chief ____________________________________ Date _______________

Bureau Procurement Chief ____________________________________ Date _______________ (if over $750,000 Signature per JAR 2806.304)

Competition Advocate ____________________________________ Date _______________

Head of the Contracting ____________________________________ Date _______________ Activity (if over $15M) Signature

DOJ Competition Advocate ____________________________________ Date _______________ (if over $75M) Signature

Senior Procurement ____________________________________ Date _______________ Executive (if over $75M) Signature https://www.ecfr.gov/cgi-bin/text-idx?SID=2a2e815080eb0d8886542a3d1645cf13&mc=true&node=pt48.6.2806&rgn=div5#se48.6.2806_1304

the authority of FAR Part 5.202(a)(1) and 5.301(a)(3).

Text19: Currently, the only course of action to overcome barriers to competition is if Motorola sells its rights to another entity. The Government does not foresee Motorola selling its fore sought products in the near future.