Redacted Limited Competition.docx

Control No: W45N7V123601GC

Memorandum for Record – Limiting Competition at or below the Simplified Acquisition Threshold

1. Contracting Activity: Army Contracting Command – Redstone Arsenal – Corpus Christi Army Depot, Contracting Office (CCAM-ALC).

2. Description of Action:

Nature: New Requirement

Order #_______ against a single award IDC Contract Modification # _______ to existing PO/TO/DO/Call Order #________________

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: Army Working Capital Funds (AWCF)

FY: 2021

Name of Proposed Contractor(s) and Address:

Easy Power LLC. (CAGE: CODE 6UN69, Large Business) 15862 SW 72nd AVE STE 100 Portland, Oregon 97224-8055

Brand Name Buy: Yes No

3. Description of Services or Supplies: Three (3) each Easy Power 3 year licenses.

Delivery Date: 30 Days ARO Total Value: $

4. Authority:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or

FAR 8.405-6(a)(1)(i)(B) and 8.405-6(b)(1) Brand Name FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on

Or

FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(a)(4) Brand Name FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee

5. Reasons for Authority Cited:

The necessity of sole source procurement for the Easy Power software is because the software is not sold or supported through a distributor network in the United States nor Canada. Customers wishing to purchase the software receive support, and training afterward must do so directly with Easy Power LLC.

Easy Power LLC has provided a Sole Source confirmation letter, which is included in the procurement package. Market research was conducted both online and via technology presentations to determine any other available options in upgrading the current systems installed. After doing extensive research, it was determined Sole Source procurement is the only possible conclusion in order to acquire the Easy Power 3 year licenses. Army CHESS and several companies’ websites were reviewed and a market analysis was conducted in order to confirm the sole source nature of this procurement.

Therefore, in the best interest of the government it has been determined that Easy Power LLC is the only vendor capable of providing the Easy Power software.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202(a) (13) (i).

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A) Action is NOT a brand name restriction and is under $150K, no posting required Action is a brand name restriction, under $25K, no posting required Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 8.405-6(b)(3)(iii)(B)

7. Market Research: : In accordance with FAR Part 10, market research has been conducted for this action by Jonathan Rogers – Requirer and Terry Clark – Contract Specialist.

The following techniques were used:

Personal knowledge of procuring services of this type; Mr. Rogers has 38 years’ experience in the Government acquisitions field and a DAWIA Level III certification in Information Technology.

Contacted knowledgeable individuals in Government and Industry regarding procuring services of this type: Mr. Rogers learned from Mr. Bernal, from IT Plans & Architecture Division, August 2021 that this requirement cannot be met by Army CHESS vendors. It is a Sole Source (Easy Power LLC). In addition, Mr. Rogers learned that the requirement is for three (3) each, Easy Power 3 year licenses, which includes maintenance. Mr. Rogers also learned from Ms. Dukes, Easy Power LLC August 2021 that Easy Power LLC owns the proprietary rights to this software and does not authorize procurement through resellers or distributors. A letter from the Easy Power LLC Director of Sales attesting to the Sole Source status is included in the procurement package.

Discuss publication of a formal request for information: Mr. Roger did not post a Request for Information (RFI) because Easy Power LLC verified this requirement is Sole Sourced for the Easy Power Software Licenses. CHESS SONA # 216775709 was approved on 27 July 2021.

However, for Market Research, purposes the Contract Specialist posted a Request for Information (RFI) on CHESS on 10 November 2021through 19 November 2021 and verified there are no interested companies for this requirement.

Discuss other types of Market Research and date performed: On 24 November 2021 the Contract Specialist searched Easy Power Licenses on the search engine Google and the only vendor showing is Easy Power:

https://www.google.com/search?hl=en&source=hp&biw=&bih=&q=Easy+Power+3+year+licenses&iflsig=ALs-wAMAAAAAYZ5G5TVfaU0N9e44U5cSop-qKemmI7Ee&gbv=2&oq=Easy+Power+3+year+licenses&gs_l=heirloom-hp.3...2739.2739.0.4016.1.1.0.0.0.0.154.154.0j1.1.0....0...1..34.heirloom-hp..1.0.0.QlCbZK_2bg4

8. Other Facts: N/A

9. Technical/Requirements Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Typed Name: Cheryl Lynn Green Title: Chief, Business Support & Service Management Division

Signature:

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon price analysis.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

Typed Name: Christopher W. Chapple Title: Contracting Officer

Signature:

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