Panorama Justification.pdf

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023)

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE 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)(3)(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:

This requirement is for the purchase of service installation and support for Panorama PON Element Management System manufactured by Tellabs Inc. Panorama PON Element Management System will be used to process client/server software, required Operating System, relational databases, and all applicable STIGs, updates, and patches to mitigate critical IA vulnerabilities and ensure proper functionality of the system. The required delivery date is 1 July 2024.

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.

The existing Tellabs Gigabit Passive Optical Network system is a tele-communications systems hardware and software platform. The system has

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023) proprietary software and hardware appliances that require support from Tellabs Inc., or an authorized partner. The brand name requirement is to ensure that the system software and hardware requirements are compatible with the existing system. The Tellabs GPON equipment is managed by the Tellabs Panorama Element Management System software. The Tellabs GPON hardware includes but is not limited to Tellabs 1150 Optical Line Terminals (OLT) and components, Tellabs ONT6 FlexSym OLT and components, Tellabs 729GP Optical Network Terminals (ONT), Tellabs 140C ONTs, and Windows Server (Dell PowerEdge R530). The brand name service requirement must be performed by a Tellabs Deployment Certified Engineer. Service performed by an engineer not certified by Tellabs will void the equipment and service warranty.

C. URGENT AND COMPELLING. 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 bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required: