Sole Source Justification Redacted.pdf

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Office of the Chief Procurement Officer Version 3.5

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN

COMPETITION

(Cite authority, e.g., 10 U.S.C. 3204(a)(7) or 41 U.S.C. 3304(a)(7))

J&A Control No.: XX-XXX

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Agency and Contracting Activity. The Federal Emergency Management, Office of

Procurement Operations, proposes to enter into a contract on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved. This purchase is being requested as a sole source brand justifications due to existing warranty terms and manufacturer- specific configuration requirements. The Genlock device will be integrated into an existing Planar video wall system that is currently under a manufacture’s warranty along with the programing under the existing FEDTRIBE contract. Per both warranty policies, any modifications, upgrades, or third-party installations not performed or authorized by Planar will void the existing warranty.

Additionally, the Planar Camera is being integrated into the existing Planar Video Wall, and the original vendor, FEDTRIBE, maintains exclusive technical knowledge and support rights necessary for seamless integration and compliance with warranty terms.

(a) FEMA intends to procure on a sole source basis FEDTRIBE.

(b) FEDTRIBE 1054 Pocahontas Trail, King William, VA 23086

(c) Contract type Firm Fixed Price.

(d) Estimated total value $12036.80.

Period Unit Price Total

Planar Camera $12,036.80

$12,036.80

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

Total $12,036.80

3. Description of Supplies/Services.

The requirement is to replace the current camera that lacks a frame rate locking function to match the refresh rate of the Planar Video Wall. This results in flickering and distortion during conferences for all remote participants. Incorporating the Genlock will eliminate the flickering and distortion video. The Genlock is a critical timing component required for synchronization of the video wall displays, and proper configuration must be performed by Planar-certified personnel to ensure optimal performance and maintain technical support eligibility.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The most applicable statutory authority that will be used to justify other than full and open competition from the seven listed under FAR 6.302. The statutory authority permitting other than full and open competition is [10 U.S.C. 3204(a)(1) (for USCG) or 41 U.S.C.3304(a)(1) (for other Components)] implemented by the FAR Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Statute not applicable

6. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The proposed action must be accomplished through other than full and open competition.

The Planar Camera with Genlock shall be installed by Planar per the system support terms that would void the existing warranty under the Texas Video Wall contract. Under the system support terms state system support terms will be excluded if any person other than an FEDTRIBE technician other authorized by FEDTRIBE integrates, repairs, or modifies the Video Wall Equipment.

U.S. Department of Homeland Security Justification and Approval for Other Than Full and Open Competition

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable. This section should include the following information:

(a) No announcement will be made in accordance with FAR 6.302-1(b)(2): When the supplies or services must be compatible with existing equipment, or the purchase of non-compatible items would invalidate warranties or require unacceptable additional cost or risk.

8. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable. This paragraph should always begin with a sentence similar to: “The contracting officer determines that the anticipated price(s) will be fair and reasonable based on….” The section should include information such as commercial pricelists or prior acquisition history that will help the contracting officer determine that the anticipated cost is fair and reasonable (see FAR Subpart 15.4 and HSAM 3015.4 for contract pricing).

9. Description of Market Research. Market research is required by FAR Part 10, and the results of the market research is the following:

FEMA contacted the existing contractor FEDTRIBE a Planar partner that would be able to provide the Planar Camera that would integrate satisfactorily existing Planar Video Wall.

Any other vendor would void the FEDTRIBE warranty on their configurations of the current system.

10. Any Other Facts Supporting the Use of Other Than Full and Open Competition.

The requirement is for integrating the Planar Camera to the existing Planar Video Wall. If FEDTRIBE is not awarded the contract, the new contractor will void the existing system support terms in place for the existing Planar Video Wall. If the warranty is voided, then placing FEMA at financial and operational risk. Therefore, to protect the integrity of the system, ensure compatibility, and preserve the existing warranty, this acquisition must be made directly through Planar or an authorized Planar Partner.

11. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

No other sources were expressed in writing or in writing for the interest in the acquisition.