(Redacted)_Avay_Maint_J A.pdf

Control No: TCC-12-32

CPP 11-003 – FAR 6, 8.4, 13.1, 13.5 and 16.505 1

J&A for Sole Source Template – FAR 13.5

Current as of 1 October 2011

Sole Source Template – FAR Part 13.5 Test Program

- Posting of completed Justifications:

o Required within 14 days after contract award on the GPE and on the website of the ordering activity agency (which may provide a link to the GPE).

o Required within 30 days after contract award for Unusual and Compelling

Urgency Justifications.

o Justifications must be posted for a minimum of 30 days.

- For Brand Name Justifications, use this format, and ensure that the completed and approved document is posted with the solicitation.

NOTE: Template shall be used as long as authority for the Test Program is available in accordance with FAR 13.500(d).

REMINDER: Evidence of Justification postings must be included in the file.

CPP 11-003 – FAR 6, 8.4, 13.1, 13.5 and 16.505 2

Current as of 1 October 2011

Justification Review Document for Sole Source (FAR 13.5 Test Program)

Program/Equipment: 5 th

Signal Command Avaya DSN Telephone Switch for Camp

Bondsteel, Kosovo

Authority: Test Program for Commercial Items, Section 4202 of the Clinger-Cohen Act of

1996 as implemented by FAR 13.5.

Amount: $287,000.00

Prepared by:

Typed Name: Frank Delaney

DSN: 337-8445

Title:

Date: 9 April 2013

E-mail: frank.v.delaney.civ@mail.mil

Contracting Officer:

Typed Name: Stephanie VanDine

DSN: 483-5146

Title: Contracting Officer

Date: 10 April 2013

E-mail: Stephanie.m.vandine.civ@mail.mil

Technical Representative:

Typed Name: See Below

DSN:

Title:

Date:

E-mail:

Requirements Representative:

DSN: 337-8445

Title:

Date: 9 April 2013

E-mail: frank.v.delaney.civ@mail.mil mailto:frank.v.delaney.civ@mail.mil mailto:Stephanie.m.vandine.civ@mail.mil mailto:frank.v.delaney.civ@mail.mil

CPP 11-003 – FAR 6, 8.4, 13.1, 13.5 and 16.505 3

Reviews: I have reviewed this Justification and find it adequate to support sole source.

Program Manager:

DSN: 337-8445

Signature: Date: _15 April 2013__

Legal Counsel:

Typed Name:

DSN: 483-5566

Signature: Date: ____________________

CPP 11-003 – FAR 6, 8.4, 13.1, 13.5 and 16.505 4

JUSTIFICATION AND APPROVAL FOR SOLE SOURCE (FAR 13.5 Test Program)

Original

Amendment

Amendment Number

Original estimated total contract value $ 246,000.00

New total estimated contract value (if amended) $

1. Contracting Activity: The United States Army, 409 th

Contracting Support Brigade (CSB)

RCO Benelux

RCO Grafenwohr Bamberg (sub-office) Ansbach (sub-office)

RCO Schwetzingen Stuttgart (sub-office)

RCO Vicenza Livorno (sub-office)

RCO Wiesbaden

Theater Contracting Center (TCC)

2. Description of Action:

A. Requirement:

New Requirement

Follow-on Requirement

Mod to Existing Purchase Order/Contract Number

For modifications or follow-on requirements:

i. The contract was originally awarded: Competitively Sole Source

ii. The contract number is: W912CM-09-C-0010

iii. The total value of the contract: $388,015.68

B. Type of Contract/Pricing Arrangement:

Firm-Fixed-Price (FFP) Time-and-Materials (T&M)/Labor-Hour

Hybrid, explain: provide the percentage of each type of contract that makes up the hybrid Other: specify

CPP 11-003 – FAR 6, 8.4, 13.1, 13.5 and 16.505 5

Current as of 1 October 2011

C. Type of Funds:

FY _13____ Operations and Maintenance, Army (OMA) FY_____ Other

Procurement, Army (OPA) FY_____ Construction Other Funds: state the types/years of funds and/or mixture of funds that will be used

D. Name of Proposed Contractor: Nove Sistemi D.O.O.E.L

Street Address: Beluver 3-tamakedeonska

City, State, Zip: Brigada BB

Phone: Skopje 1000

3. Description of Supplies/Services:

Actions with Options:

Base Period: 1May 2013 to 30 April 2014 Value: $ 82,000

Option Period 1: 1 May 2014 to 30 April 2015 Value: $ 82,000

Option Period 2: 1 May 2015 to 30 April 2016 Value: $ 82,000

52.217-8 option: 1 May 2016 to 31 October 2016 Value: $ 41,000

Total: $ 287,000

4. Authority Cited: Test Program for Commercial Items, Section 4202 of the Clinger-Cohen

Act of 1996 as implemented by FAR 13.5, for the purposes of: unusual and compelling urgency exclusive licensing agreements industrial mobilization other: state the purpose

The incumbent contractor shall provide maintenance and repair for the Avaya Defense Switched

Network (DSN) equipment in support of the USAEUR mission in the Balkans. This DSN switch supports over 5,000 members of the Department of State and Department of Defense located in the Balkans. The DSN network provides reliable voice communications vital to accomplishing the mission. There is no reliable, backup voice communication system available.

CPP 11-003 – FAR 6, 8.4, 13.1, 13.5 and 16.505 6

5. Reason for Authority Cited:

6. Efforts to Obtain Competition:

Synopsized on or is planned to be synopsized on/around , and any bids or proposals received shall be considered.

Exception to synopsis applies in accordance with FAR:

5.202(a)(1) Synopsis cannot be worded to preclude disclosure of agency’s needs and disclosure would compromise national security .

5.202(a)(2) Contract action made under conditions described in 6.302-2 and the

Government would be seriously injured if it complied with the time periods specified in 5.203.

5.202(a)(3) Contract action is one for which written direction from a foreign government reimbursing the agency for costs of the acquisition must be made to a specified source, or is made under the terms of an international agreement or treaty.

5.202(a)(4) Expressly authorized or required by statute to be made through another

Government agency.

The incumbent contractor, the sole offeror on the current contract, has been successfully performing these requirements since 2009 with outstanding performance. The DSN equipment installed has proprietary software and hardware that requires an Avaya certified business partner to maintain and repair. Within the Kosovo/Macedonia region, only the incumbent contractor has been found through market research to have the qualifications required to service the installed equipment. Contractors from outside the region have proven to have the capability to perform the work but lack the local presence to meet the response times required to meet the governments minimum specifications. In order to meet the response times, non-local contractors would need to establish a local presence and as of yet have been unwilling or financially unable to do so.

Further, the costs of establishing a local office for a new contractor have been found to far exceed the small annual contract amount available. No US companies submitted an interest in the requirement during the solicitation in 2009.

Market research, which included telephone surveys and internet queries indicate no other sources are practical to obtain further competition. As cited above, Contractors from outside the region have proven to have the capability to perform the work but lack the local presence to meet the minimum response times required. In order to meet the response times, non-local contractors would need to establish a local presence and as of yet have been unwilling or financially unable to do so. Further, the costs of establishing a local office for a new contractor have been found to far exceed the small annual contract amount available. Efforts to obtain competition by adjusting the minimum response times have been found to be an unacceptable risk on behalf of the government.

CPP 11-003 – FAR 6, 8.4, 13.1, 13.5 and 16.505 7

Current as of 1 October 2011

5.202(a)(5) Utility services and only one source is available (other than telecommunications).

5.202(a)(6) Contract action is placed using FAR 16.5

5.202(a)(7) Contract action is the result of a proposal accepted under the Small

Business Innovation Development Act of 1982 (SBIR Program).

5.202(a)(8) Contract action is the result of accepting an unsolicited research proposal with a unique and innovative concept that if solicited would disclose the originality of innovativeness or would disclose proprietary information associated with the proposal.

5.202(a)(9) Contract action if for perishable subsistence supplies and advance notice is not appropriate or reasonable.

5.202(a)(10) Contract action is made under conditions described in 6.302-3, or

6.302-5 with regard to brand name commercial items for authorized resale, or 6.302-

7, and advance notice is not appropriate or reasonable.

5.202(a)(11) Contract action is made under terms of an existing contract previously synopsized in sufficient detail to comply with requirements of 5.207.

5.202(a)(12) Contract action is by a Defense agency and will be made and performed

OCONUS and only local sources will be solicited. Does not apply to actions covered by the World Trade Organization Government Procurement Agreement

(WTOGPA) or Free Trade Agreement (FTA) (see FAR 25.4).

5.202(a)(13) Contract action is expected not to exceed the SAT, will be made through the GPE, and permits the public to respond electronically.

5.202(a)(14) Contract action is made under conditions described in 6.302-3 with respect to the services of an expert to support the Federal Government in a current or anticipated litigation or dispute.

5.202(b) Head of the Agency has determined in writing that advance notice is not appropriate or reasonable.

7. Market Research:

8. Interested Sources:

9. Actions to Increase Competition:

The contract specialist researched the World Wide Web in April 2013 for Avaya certified business partners in the Kosovo/Macedonia region. The results of this query determined no companies were identified on www.avaya.com in the Kosovo/Macedonia region with the exception of the incumbent contractor. Additionally, the customer queried local companies for interest and due to a lack of ability to service the Avaya systems, no interest was generated.

To date, no other sources, other than the incumbent have expressed an interest in this contract work.

http://www.avaya.com/

CPP 11-003 – FAR 6, 8.4, 13.1, 13.5 and 16.505 8

10. Other Facts:

The contracting office and requiring activity will continue to monitor the market in the Balkans for Avaya business partners that are capable of providing these services. The requiring activity will monitor the aging equipment and when the time comes for replacement, they will look for a standard commercial solution.

N/A

CPP 11-003 – FAR 6, 8.4, 13.1, 13.5 and 16.505 9

11. Technical 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. I also certify that this requirement meets the organization’s minimum needs for this item, and/or schedule requirements, at this time.

Typed Name: See Below

Date:

Title:

Signature: _____________________________________________________________________

12. 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. I also certify that this requirement meets the organization’s minimum needs for this item, and/or schedule requirements, at this time.

Title:

Signature: Date: _15 April 2013______

13. Fair and Reasonable Cost/Price Determination:

I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: price analysis IGCE other: identify the methodology or combination of methodologies that will be used

As a part of this basis, certified cost or pricing data is not required because the item and/or services being acquired are considered commercial.

I also certify that this Justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Thomas R. Guyer

Title: Contracting Officer

Signature: Date: ___16 April 2013___________

CPP 11-003 – FAR 6, 8.4, 13.1, 13.5 and 16.505 10

Approval

Based on the foregoing Justification, I hereby approve the procurement of repair and maintenance for the DSN equipment in the Balkans on an other than full and open competition basis pursuant to the authority of the Test Program for Commercial Items, Section 4202 of the

Clinger-Cohen Act of 1996 as implemented by FAR 13.5, subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name: Thomas R. Guyer

Title: Contracting Officer

Signature: Date: ____________________