Use of Other than Full and Open for SAT (Blackhawk KVM Switch)_Redacted.docx
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- Afloat Classified GOSUP Network Hardware
- Solicitation number
- N3220520Q4078
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Date: Feb 26, 2020
MEMORANDUM
| Subj: | USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER |
| THE SIMPLIFIED ACQUISITION THRESHOLD |
Ref: (a) PR Number(s):
I. BACKGROUND:
1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, brand-name, or industrial mobilization).
2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition because only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.
II. DESCRIPTION OF ITEM OR SERVICE:
1. Provide a description of the item or service required, to include
a) The name of the required source or brand name: i-Tech Blackhawk Series 1U Rackmount (BHK117-8Ue)
b) The required delivery date/period of performance: June 19, 2020
c) Its intended use: MSC SMIS ACG LRIP HW
2. List the source(s) or known vendor(s) who are able to provide the above described item or service.
| GSA Advantage |
| Force 3, LLC |
| AGI Sytems |
| i-Tech Company |
| ______________________________________________________________________________ |
| 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. | ||
| a. | Explain what is subject to the restrictive rights. |
b. If drawings are included, who is identified as “owning” the drawings.
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.
a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.
b. Identify the distributor / authorized technical representative for the item or service. Provide evidence of the exclusive licensing agreement as an attachment to this document. (NOTE: If there is more than one distributor / authorized technical representative, then use Part B – Brand Name.)
3. X OTHER REASON:
a. __ CRITICAL SHIP EQUIPMENT: The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.
i. SMS Procedure Number: ___________________________
b. X STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.
i. Identify Make / Model Number(s): See attached filename: FY20 SMIS ACG HW MSC SMIS ACG LRIP HW – Buy List
ii. Identify other vessels with this Make / Model: See attached filename: FY20 SMIS ACG HW MSC SMIS ACG LRIP HW – Buy List
| c. | _____ FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for |
| existing equipment and must be compatible in terms of form, fit, and function with | |
| existing equipment / configurations. |
i. Identify Make / Model of existing equipment:
The existing equipment Make/Model is the same as in the attached file: FY20 SMIS ACG HW MSC SMIS ACG LRIP HW – Buy List
ii. Describe how the equipment must be compatible with the existing configuration.
Per DoD mandate to eradicate WIN7 and Server 2008, all ACG(V)2 ships require complete modernization of HW/SW including desktop migration to HP Workstations with WIN 10 SHB to reduce risk profile. The Hardware that MSC is currently being utilize by the MSC fleet is EOL/EOS (End of Life/End of Sale) and requires a technical refresh and version upgrade. The replacements must be the same make and model that Engineering Team has tested and verified. A contract award to any other manufacturer would result in substantial duplication cost to MSC as it will require our Engineering Team to conduct another build and test phases. Any deviation from make and model would add severe complexity to the implementation and migration plan, which would cause disruption of services and unacceptable delays in fulfilling mission requirement for the Navy and MSC Fleet.
Changing the make and model also has an impact on the HW/SW List, Security Assessment Plan, System Topologies, and possibly the RMF security controls. Since there HW/SW List and diagrams would require changes, the Security Assessment Plan (SAP) would then need to be updated and sent to the SCA for re-approval. This re-approval, depending on when the changes were communicated, could impact the Step 5 ATO checkpoint if we don’t know about the changes beforehand. Current lead time is 10 to 15 business days for that approval. Inability to procure this HW in a timely manner will prevent MSC from performing Low Rate Initial Production on time which is required prior to the deployment of the new ACGv3. It will also result in high risk vulnerabilities that will impact our network accreditations in accordance with DoD directives.
d. _____ OTHER:
4. _____ UNUSUAL AND COMPELLING URGENCY: The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:
a. Date on which the requirement was identified: ______________________________
b. Required delivery date / Period of Performance: _____________________________
| c. | If the difference between a. and b. is more than one week, explain the delay in submitting |
| the requirement. |
d. Estimated production lead time: 30 Days
| e. | Explanation of why delivery / commencement of services by the date required is |
| needed: (explain the impact to the mission, any special circumstances or conditions, etc.) |
f. CASREP Number: _________________________________________
IV. ANTICIPATED DOLLAR VALUE OF PROCUREMENT:
V. CERTIFICATIONS AND APPROVALS:
Technical / Requirement Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.
Requester Signature / Date
Level Higher (Suppo / SPE / ASPE) / Date
Contract Specialist / Date
Contracting Officer / Date
1 Ver 2.0 (01 July 2018)
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