Justification_for_OTFOC_-_SAP_(under_$250K)_Version_2_MAY_2018_KO_signed.pdf

Version 2, MAY 2018 PREVIOUS VERSION IS OBSOLETE

COMPLETION INSTRUCTIONS for:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for

SIMPLIFIED ACQUISITIONS VALUED BELOW $250K

I. General Information

a. The purpose of the justification document is to ensure the requiring activity and contracting office have thoroughly evaluated the requirement and have considered all possible alternatives prior to deciding to restrict competition.

b. This is a legal document and will be made part of the official contract file. Ensure it is completed accurately and professionally.

c. The requiring activity is responsible for completing the first part of the document through Section 6. The contracting office verifies and completes the rest of the information.

d. Before submitting to the contracting office, the requiring activity should remove the instructions in “red” within the document. The below information is guidance supplemental to those instructions and is meant to aid the preparers in adequately completing the document.

e. References to the Federal Acquisition Regulations (FAR) can be accessed at: http://farsite.hill.af.mil

II. Authorities to Limit Competition- For purchases not exceeding the simplified acquisition threshold (SAT), 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).

*The FAR states that contracting without providing for full and open competition shall not be justified on the basis of a lack of advance planning by the requiring activity.

a. Sole Source: FAR 13.106-1(b)(1)(i) Soliciting from a single source- Select this authority when procuring requirements on the basis of urgency, exclusive licensing agreements, brand name or industrial mobilization.

b. Brand Name: FAR 13.106-1(b)(1)(ii) Brand name specification- Select this authority when a single source is identified to provide a portion of a purchase because that portion specifies a particular brand-name item. The documentation should state it is veering only the portion of the acquisition which is brand-name.

c. Brand Name or Equal*: If the commodity or service required meets the criterion for a Brand Name or Equal competitive action- STOP. This justification is not required.

*See supplemental information at the end of this instructions document.

III. Estimated Value (inclusive of options):

a. This justification template is only appropriate for use below the Simplified Acquisition Threshold, $250,000.

b. Estimated value needs to be the total of the basic requirement plus any option years or option quantities.

IV. Form Completion

Section 1- Name of proposed sole source contractor or brand name manufacturer

Section 2- Brief description of supplies or services required and the intended use:

a. In layman’s terms, briefly describe the services or supplies to be provided, including make & model number where appropriate. Include quantities of supplies or period of performance for services. Provide information for any options included. If the action is a modification to an existing purchase order, distinguish clearly between the work covered by the basic order and the work to be obtained by the proposed modification.

b. General description of requirement- do not go into justification rationale here.

Section 3- Unique salient characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

a. Explain factors/unique qualifications such as proprietary data or exclusive licensing rights, if applicable.

b. If brand name, explain why an adequate purchase description or other information suitable to solicit by full and open competition has not been developed or are not available.

Section 4- Reason why contractor is the only source capable of meeting mission requirements; specifically, the reason no other source can meet the unique capabilities in section 3:

a. Has the vendor provided a statement verifying the unique/specialized/proprietary nature of the requirement?

b. Follow-On Contracts: Defined as a separate, new contract action for which the price and terms are non-competitively negotiated with the incumbent contractor to continue or augment a specific program which is necessitated by prior procurement decisions. Discuss how the sole source action will avoid duplication of costs that is not expected to be recovered through competition, or discuss the unacceptable delays to the government. Provide an estimate of the costs that will be duplicated and explain how such estimate was derived.

c. If urgency is the basis for the justification, explain the chronological events leading up to the requirement and explain why time constraints cannot permit even a limited competition. Describe impact of required delivery/performance date. Describe the detrimental effects/serious injury to the mission of the requiring activity or to the government, financial or otherwise, that will result if this justification is not approved and the product or service cannot be provided by the intended sole source contractor.

Section 5- Market Research:

a. Reference FAR Part 10

b. Describe the extent of the market research conducted to identify all qualified sources and the results thereof. "Market Research" is defined as those attempts you made to ascertain whether other qualified sources exist, and can include contact with knowledgeable experts regarding similar or duplicate requirements, contact with industry, results of a sources sought synopsis, or draft solicitations. Research of the marketplace may consist of written, telephonic, or world wide web inquiries.

c. Procurement History: Identify contract numbers and whether those actions were competed or not.

Section 7- Actions to Increase Competition (for completion by ACC-APG Acquisition Personnel):

a. What supplemental market research has been done?

b. Has a sources sought, RFI, or notice of intent been posted?

c. Have any contractors identified their interest in this requirement?

d. Has the proposed contractor been contacted for verification of the information presented?

e. Have resellers/distributors been researched and identified?

f. Have the mandatory sources of FAR Part 8 been screened? (FPI/UNICOR, AbilityOne, GSA, FSS)

Brand Name or Equal (FAR 11.104)-

- Brand name or equal purchase descriptions must include, in addition to the brand name, a general description of those salient physical, functional, or performance characteristics of the brand name item that an “equal” item must meet to be acceptable for award.

- Use brand name or equal descriptions when the salient characteristics are firm requirements.

- The below chart details the difference between “Brand Name or Equal” and “Brand Name” actions under $250K:

Brand Name or Equal Brand Name Does NOT require a “Justification” Does require a “Justification”

Does not limit competition/Provides for greater competition

Does limit competition

Informally describe salient characteristics (via email, memo, etc.) in written form.

Formally describe salient characteristics via a “Justification”

No specific format Use Justification for Other Than Full and Open Competition for Simplified Acquisitions <$250K

Allows for “or equal” similar/comparable items Must supply specific item (part number, model number, serial number etc.)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for

SIMPLIFIED ACQUISITIONS VALUED BELOW $250K

☐ FAR 13.106-1(b)(1)(i) Soliciting from a single source ☐ FAR 13.106-1(b)(1)(ii) Brand name specification

PURCHASE REQUEST NUMBER: DESCRIPTION OF ACTION:

☐ New Requirement

☐ Modification

ESTIMATED VALUE (inclusive of options):

FUND TYPE: YEAR:

1. NAME OF PROPOSED SOLE SOURCE CONTRACTOR / BRAND NAME MANUFACTURER:

2. BRIEF DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED AND THE INTENDED USE:

3. UNIQUE SALIENT CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE, WITH THE

REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED:

4. REASON WHY CONTRACTOR IS THE ONLY SOURCE CAPABLE OF MEETING MISSION REQUIREMENTS;

SPECIFICALLY, THE REASON NO OTHER SOURCE CAN MEET THE UNIQUE CAPABILITIES IN SECTION 3:

Is this a follow-on contract? yes☐ no☐ If yes, provide contract number: _____________________________

5. MARKET RESEARCH:

6. TECHNICAL CERTIFICATION:

I certify that the supporting data under my cognizance, which is included in the sections above, is accurate and complete to the best of my knowledge and belief.

NAME AND TITLE OF CUSTOMER DIGITAL SIGNATURE EMAIL ADDRESS DATE

7. ACTIONS TO INCREASE COMPETITION (For Contracting Personnel Use):

8. CONTRACT SPECIALIST/PURCHASING AGENT REVIEW:

I have done my due diligence in verifying the information presented above by the requiring activity and have attempted to obtain competition to the maximum extent practicable.

NAME OF REVIEWER DIGITAL SIGNATURE EMAIL ADDRESS DATE

9. ENDORSEMENT OF THE ACC-APG TENANT DIVISION CONTRACTING OFFICER

I hereby ☐approve / ☐disapprove this justification in accordance with the authority cited on this document.

Approval is based on the availability of funds and provided that the services and property herein described have been otherwise authorized for procurement.

NAME OF CONTRACTING OFFICER DIGITAL SIGNATURE EMAIL ADDRESS DATE

chanel.d.williams Highlight

CONTINUATION PAGE

CONTINUATION PAGE

The sources sought announcement was posted to GSA on 12 August 2019 and ended on 20 August 2019. No responses were received that met all the requirements established in the sources sought announcement.

CHESS

In accordance with AFARS 5139.101-90(a), the Army’s Computer Hardware, Enterprise Software and Solutions (CHESS) program is a mandatory source for commercial information technology (IT) hardware and software purchases. It is not anticipated that this requirement can be achieved through CHESS.

Consolidated Buy was open during this acquisition planning. The primary POC, James Toscano, determined there necessary equipment was not provided through the Consolidated Buy option. An exception letter was created and signed by Michael L. Jones, Deputy to the Garrison Commander and a GS-15, in accordance with CHESS. This letter was sent to CHESS on 04 September 2019.

A Request for Quotes (RFQ) was posted to CHESS on 14 August 2019 and ended 21 August 2019. It was posted to the ADMC-2 contract, Ref # 294690. Of the seven contractors, three responses were received. One displayed interest and submitted a quote; however, their quote did not establish their ability to meet all requirements. This RFQ established CHESS contractors as unable to meet all requirements. CHESS SONA waiver was submitted on 04 September 2019.

The Communication Equipment, MFLEETS Mobility Evidence Bundle, configured as follows:

• Panasonic MFLEETS CF-33, WIN10 PRO, Intel Core I5-7300U 2.60GHZ, VPRO,12.0" QHD Gloved Multi-Touch+Digitizer, 16GB, 256GB SSD, Intel WIFI A/B/G/N/AC, TPM 2.0, Bluetooth, Dual Pass (Upper: WWAN/ Lower: DGPS), 4G LTE Multi Carrier (EM7455), DGPS, Infrared Webcam, 8MP CAM, Insertable SmartCard, Premium Keyboard (CF-33AFTNTJVM)

• C2G-25ft Cat6 Snagless Shielded (STP) Network Patch Cable Blue - Category 6 for Network Device - RJ-45 Male - RJ-45 Male - Shielded - 25ft – Blue (00805)

• Side Console Mount (14593)

• 5" Center-Mounted Complete Upper Pole (7160-0177)

• MONGOOSE™ - 9" Locking Slide Arm: VESA 75mm & Gamber-Johnson Hole Pattern MONGOOSE™ - 9” Locking Slide Arm w/Standard Attachment (Clevis 0-90) (7160-0220)

• MFLEETS Cradlepoint 3-yr NetCloud Essentials for Mobile Routers (Enterprise) with support and IBR900 FIPS router (MA3-900F1200-XFA)

• MFLEETS Low Profile MiMo Sharkfin Antenna - 698 MHz, 1.71 GHz, 2.50 GHz, 4.90 GHz, 1.56 GHz to 960 MHz, 2.17 GHz, 3.80 GHz, 2.50 GHz, 6 GHz, 1.61 GHz - 6 dBi – Cellular Network, Wireless Data Network, GPS, GLONASS - Black -Screw/Panel - Omni-directional (CP-1002-1-PAN)

• MFLEETS COR Extensibility Dock Adds 2 Additional Network Ports and GPIO (170700-000)

• Panasonic Gamber-Johnson CF-33 Toughbook Laptop 2-in-1 Docking Station - for Notebook - 120 W - USB 3.0 - 6 x USB Ports - 4 x USB 2.0 - 2 x USB 3.0 - Network (RJ-45) - HDMI -VGA – Docking (GJ-33-LVD0)

• Panasonic Auto Adapter - 120 W Output Power - 12 V DC Input Voltage (CF-LNDDC120)

• Install Side Console Mount, Dock, and Power Adapter (Mobility-Install)* Install Cradlepoint Router and Antenna Installation per vehicle (Cradlepoint-Install)* 3 UNIQUE SALIENT CHARACTERISTICS THAT LIMIT AVAILABILITY TO ONLY ONE SOURCE WITH THE REASON NO OTHER SUPPLIES OR SERVICES CAN BE USED: The MFLEETs Mobility Solution was selected by IMCOM as the only FISMA/FIPS certified, DISA approved system for mobility solutions within the Army. Panasonic has proprietary ownership to the required information. See attached Proprietary Rights letter stating Panasonic has the proprietary hardware for a two-in-one configuration of the computer system and mounting points designed to fit the vehicle docks in the JSLEEEVES vehicles. As a result, the installation on the government’s JSLEEVES sedans was approved for Panasonic without affecting the vehicles’ warranty. Panasonic is the sole proprietor of the turnkey access to DISA server accredited by IMCOM. The mobility solution is a military standard unit used to capture, store, and manage all videos collected by the in-car camera systems and recorders. IMCOM is adopting the Federal Risk and Authorization Management Program (FEDRAMP), a government-wide program that provides a standardized approach to security assessments, authorization, and continuous monitoring for cloud products and services. FEDRAMP High Accredited Evidence Collection and Archival Service will be incorporated to facilitate capturing and managing collected evidence – a program already in use by other Armed Services and Department of Defense. The FEDRAMP must pass FISMA High Accreditation, obtain and maintain Anti-Terrorism Officer (ATO) granted by the Army and other Services or Government Agencies. Cellular Backhaul, a process for pulling data gathered and encrypted through the cellular service to the server, will be utilized for already encrypted FISMA/FedRAMP High data.

The mobility solution is a global carrier support, with a Gigabit LTE modem, available for use on the Army common services AT&T/FirstNet FirstNet Ready having Band 14 support Dual modem support and SD-WAN Seamlessly failover between carriers in low-coverage areas or disaster recovery scenarios—a feature critical to mission efficiency. The solution provides connectivity and GPS for all devices and sensors in-vehicle, with Ruggedized Routers for Harsh Environments, MIL STD 810, Shock Rated.

To withstand the harsh environments endured by the law enforcement officers, the mobility solution is equipped with IP64 Dust and is Water Resistant. The solution is easily deployable without waiting for upgrades or reconfigurations. Officers employ the unit for managing and monitoring law enforcement activities using the NetCloud Manager, Enterprise-grade networking and security features FIPS models available Cradlepoint. The NetCloud Manager has the ability to remotely connect with the LAN Management feature. The LAN Management feature allows admin, full access, and diagnostics users to connect to devices on a Cradlepoint Router’s LAN. The name, IP address, and port number of an individual device can be identified and connected to.