Redacted-SoleSource_Justification_Emergency_Access_Control_System.pdf

Control No. SWT-17-004

For Official Use Only Page 1 of 8 Revised June 28, 2016

5153.303-4 Format for a justification review document for other than full and open competition.

Control No:

Justification Review Document for Other Than Full and Open Competition

Program/Equipment: Emergency Access Control System Repair and Installation

Authority: FAR 13.106-1 (Urgent and Proprietary)

Amount:

Prepared by: Amy C. Feemster

Typed Name: Amy C. Feemster DSN: 918-669-7173

Title: Contracting Officer Date: 10 February 2016

E-mail: amy.c.feemster@usace.army.mil

Contracting Officer:

Typed Name: Robert E. Reed DSN: 918-669-7088

15Date Reviewed: ___________________Feb 2017

E-Mail: Robert.E.Reed@usace.army.mil

Technical Representative:

Typed Name: Geza R. Horvath DSN: 918-669-7552

Title: Security Specialist Date Reviewed: _____________14 February 2017

Requirements Representative:

Typed Name: N/A DSN: ______________________

Title: _____________________Date Reviewed: _____________

Reviews: I have reviewed this justification and find it adequate to support other than full and open competition.

Program Manager (1)

Typed Name: N/A DSN: ______________________

SWT-17-004

For Official Use Only Page 2 of 8 Revised June 28, 2016

Signature: ______________________ Date: ______________________

Legal Counsel

Typed Name: Lauren M. Williams DSN: (918) 669-4368

Signature: ______________________ Date: ______________________

Local Advocate for Competition

Typed Name: LTC Dan Young, P.E. DSN: 918-669-7203

Signature: Date: ____________

Principal Assistant Responsible for Contracting

Typed Name: N/A DSN: ______________________

Signature: ______________________ Date: ______________________

(1) Add Program Executive Officer signature block when item is Program Executive Officer managed.

Head of the Contracting Activity

Typed Name: N/A DSN: ______________________

Signature: ______________________ Date: ______________________

14 Feb 2017

WILLIAMS.LAURE

N.M.1502408298

Digitally signed by WILLIAMS.LAUREN.M.1502408298 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=WILLIAMS.LAUREN.M.1502408298 Date: 2017.02.14 08:55:49 -06'00'

YOUNG.DANIEL.RO

BERT.1042016639

Digitally signed by YOUNG.DANIEL.ROBERT.1042016639 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=YOUNG.DANIEL.ROBERT.1042016639 Date: 2017.02.22 13:03:17 -06'00' 22 FEB 2017

For Official Use Only Page 3 of 8 Revised June 28, 2016

SOLE SOURCE JUSTIFICATION

1. Agency/Contracting Activity: USACE-CECT-SWT

2. Description of Action: State whether the approval is for a new contract or a modification.

Include the type of contract, type of funds to be used (Military Construction; Research, Development, Test and Evaluation; Other Procurement, Army; or Operation and Maintenance, Army) and, when applicable, the estimated share and ceiling arrangements, and fee or profit.

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds: Revolving Fund

Name of Proposed Contractor(s): S2 Solutions Street Address: 4531 E 108TH ST City, State, Zip: TULSA, OK 74137-6855 Phone: (918)671-9899

3. Description of Services or Supplies: Name and describe the required supplies/services.

Include the estimated total value, including options, if any.

The total estimated value of the proposed action is $

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.

This requirement is to repair the access control system on the 4th and 5th floors and install new access control system on the 2nd floor. The anticipated period of performance is 2 weeks.

4. Authority: Identify the statutory authority permitting other than full and open competition followed by the specific FAR citation and its title. For example: 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements.

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1): 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)

FAR 13.501(a)(1)(ii): For actions for commercial supplies or services greater than the SAT but not exceeding $7M, the correct citation is: Simplified Procedures for Certain Commercial Items, Section 4202 of the Clinger-Cohen Act of 1996 as codified at 10 USC Sec. 2304(g)(1)(B), and

For Official Use Only Page 4 of 8 Revised June 28, 2016 amended by Section 807 of the Ronald Reagan National Defense Authorization Act of 2005. This sole source justification was prepared using the format at 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41U.S.C. 1901.

5. Reasons for Authority Cited: Describe how this action requires the use of the authority cited.

If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor’s unique qualifications for fulfilling the contract requirements.

a. The rationale used for justifying the cited authority should be consistent throughout the document as appropriate.

The existing access control system is proprietary to S2 Solutions no other contractor can work on this system. Additionally, the access control system was damaged due to the flood in the building requiring and immediate repairs. In addition, due to the extensive damage to the building we must relocate many employees to the 2nd floor of the building. Before we can relocate these employees the access control system must be installed.

b. Justifications citing FAR 6.302-1(a)(2)(ii) or (iii) as the authority for less than full and open competition on a follow-on contract must reflect (1) substantial duplication of cost that is not expected to be recovered through competition and/or (2) unacceptable delays in filling agency requirements. If the authority cited is substantial duplication of costs, then paragraph 5 should compare the duplicate costs the government would incur to create competition and the estimated savings expected to be recovered through subsequent competition. In addition, the justification must include an explanation for how the requesting office derived their estimates and why they believe they are a substantial duplication. Justifications citing unacceptable delays must identify firm schedule limitations that do not result from a lack of planning. For example, firm schedule limitations could include an approved Army campaign plan or significant loss of life or property.

N/A

c. Justifications citing FAR 6.302-2 must explain how failure to limit sources would seriously injure the Government, and include a discussion of the required delivery schedule and lead-time involved. If the delay associated with the requirement for first article testing is the principal reason for not awarding the contract on a full and open basis, clearly describe the reasons why first article testing is required and why other quality assurance techniques are inadequate.

Contracting officers may submit J&As citing this authority for approval after the contract has been awarded (see FAR 6.302-2(c)(1)).

N/A

d. Justifications citing FAR 6.302-2 or 6 must request offers from as many potential sources as practicable under the circumstances.

N/A

e. If applicable, explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition were not developed or are not available.

N/A

For Official Use Only Page 5 of 8 Revised June 28, 2016

6. Efforts to Obtain Competition: Describe the efforts to solicit offers from as many potential sources as is practicable.

a. Effective competition. Describe the extent of effective competition anticipated for this acquisition.

None. This system is proprietary to S2 Solutions, no other company can provide the needed repairs and installation.

b. Subcontracting competition. In single source situations, address efforts by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting.

None. It is anticipated that S2 Solutions will self-perform all the work required.

7. Actions to Increase Competition: There may be instances when it is not possible to compete the current acquisition. In these cases, include a statement of the actions taken, or to be taken, to increase competition (e.g., procure needed technical data for full and open competition or breakout subsystems or components for full and open competition) before any subsequent acquisition of the supplies or services. If future competition will be based on the procurement of technical data, provide the approximate date the technical data package will be available.

Due to the proprietary nature of this requirement competition is not possible.

8. Market Research: Describe the extent and the results of the market research (FAR Part 10) conducted to identify all qualified sources. Research must have been meaningful (demonstrated attempt to discover all relevant material) and conducted within the previous 12 months.

Market research was conducted using the Dynamic Small Business Search which identified 7 small business contractor in Oklahoma under this NAICS code and keyword “Security”; however, due to the proprietary nature of this system, only S2 Solutions is capable of performing the requirement.

9. Interested Sources: Include a listing of the sources that have written to express interest in the acquisition. If applicable, clearly state “To date, no other sources have written to express an interest.” If 10 U.S.C. 2304(c)(1)/FAR 6.302-1 is the authority cited, explain why other sources were rejected. Also, state that the notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered. If a notice is not posted, state which exception in FAR 5.202 applies.

None. This contract is below the threshold at 5.101(a)(1) therefore the notice at FAR 5.201 is not applicable. Additionally, due to the emergency nature of this requirement if is further exempt in accordance with FAR 5.202(a)(2)

10. Other Facts: Describe any other facts supporting the use of other than full and open competition.

a. Procurement History: Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

This section is not applicable as this is a one-time emergency requirement.

(1) Contract numbers and dates of the last several contracts for these same requirements.

N/A

For Official Use Only Page 6 of 8 Revised June 28, 2016

(2) The competitive status of these actions.

N/A

(3) Authority previously cited if less than full and open competition was used.

N/A

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

N/A

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

N/A

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

N/A

b. Other Facts. Provide any other facts necessary to justify limiting competition that were not previously stated.

In accordance with AR 190-13 The Army Physical Security Program, “That part of the Army security system, based on threat analysis, concerned with procedures and physical measures designed to safeguard personnel, property, and operations; to prevent unauthorized access to equipment, facilities, materiel, and information; and to protect against espionage, terrorism, sabotage, damage, misuse, and theft. Operations security (OPSEC) and security targeted against traditional criminal activity are included.”

Additional regulations requiring access control systems:

ER 190-51 USACE Physical Security program AR 190-16 Physical Security

11. Technical Certification: I certify that the supporting data under my cognizance which is included in this sole source justification is accurate and complete to the best of my knowledge and belief.

For Official Use Only Page 7 of 8 Revised June 28, 2016

Typed Name: Geza R. Horvath

Title: Security Specialist

Signature: _____________________________

12. Requirements Certification: Include the following statement:

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: Robert E. Reed

Title: Contracting Officer

Signature: _____________________________

13. Fair and Reasonable Cost Determination: Include the following determination:

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

The Government will rely on other techniques outlined in FAR 13.106-3(a)(2) to determine the price to be fair and reasonable. Market research was conducted to support the proposed price.

Typed Name: Robert E. Reed

Title: Contracting Officer

Signature: _____________________________

14. Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

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

Typed Name: Robert E. Reed

Title: Contracting Officer

Signature: _____________________________

Approval

HORVATH.GEZA.R

OLLAND.12254886

Digitally signed by

HORVATH.GEZA.ROLLAND.1225488629

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=HORVATH.GEZA.ROLLAND.1225488629 Date: 2017.02.14 09:20:38 -06'00'

REED.ROBERT

.E.1230934505

Digitally signed by

REED.ROBERT.E.1230934505

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=REED.ROBERT.E.1230934505 Date: 2017.02.15 16:14:09 -06'00'

REED.ROBERT

.E.1230934505

Digitally signed by

REED.ROBERT.E.1230934505

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=REED.ROBERT.E.1230934505 Date: 2017.02.15 16:14:39 -06'00'

REED.ROBERT

.E.1230934505

Digitally signed by

REED.ROBERT.E.1230934505

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=REED.ROBERT.E.1230934505 Date: 2017.02.15 16:14:58 -06'00'

For Official Use Only Page 8 of 8 Revised June 28, 2016

Based on the foregoing justification, I hereby approve the procurement of Emergency Access Control System Repair and Installation on an other than full and open competition basis pursuant to the authority of FAR 13.106-1 (Urgent and Proprietary), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Date: ___________________ Signature: ___________________2/22/2017

REED.ROBERT

.E.1230934505

Digitally signed by

REED.ROBERT.E.1230934505

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=REED.ROBERT.E.1230934505 Date: 2017.02.22 15:10:48 -06'00'