BrandNameJ A_Signed.pdf

RCOI-J&A-FY15-08

ACC Other than Full and Open Competition Guide Appendix B Page 1

SOLE SOURCE JUSTIFICATION

(Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $650K)

1. Agency/Contracting Activity: Department of the Army, 414rh Contracting Support Brigade, Regional Contracting Office Italy.

2. Description of Action: This is a justification for Brand Name requirement. Refurbish two TM-X850MP X-band manpack satellite terminals.

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

Pricing: Firm-Fixed Price Time & Materials Cost

For Hybrid Contracts, list percentage of each type of pricing:

Firm Fixed Price: ________

Time & Materials: ________ Cost: ________

Funds: Operations and Maintenance, Army (OMA) Other Funds:

Fiscal Year of Funds: 2015

Name of Proposed Contractor(s): Klas Telecom Street Address: 1101 30th St. NW #500 City, State, Zip: Washington, DC 20007 Phone: 866-263-5467

Name of Proposed Contractor(s): Trace Systems Street Address: 1600 Tysons Blvd Ste 1100 City, State, Zip: Mc Lean, VA 22102-4874 Phone: 703-414-3500

Name of Proposed Contractor(s): Lepton Global Solutions Street Address: 11800 Sunrise Valley Drive Suite 1425 City, State, Zip: Reston, VA 20191 Phone: 571-213-2070

Name of Proposed Contractor(s): Tampa Microwave Street Address: 12160 Race Track Road City, State, Zip: Tampa, FL 33626 Phone: 813-855-2251

ACC Other than Full and Open Competition Guide Appendix B Page 2

3. Description of Services or Supplies:

The total estimated value of the proposed action is $ 56,275.63

United States Army Africa (USARAF) has received two TM-X850MP X-band manpack satellite terminals, purchased at an original value of $69,000 each, for a total purchase value of $138,000.00. USARAF requires the refurbishment and a two-year warranty of the satellite terminals. USARAF also requires two (2) carry-on cases, two (2) rucksacks, and two (2) sixty-five centimeter (CM) parabolic reflectors and feeds, which will extend the capability of the satellite terminals. The two (2) year warranty on the refurbished terminals includes hardware technical support, updates, parts and labor, plus 72-hour advanced equipment replacement.

4. Authority:

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)

5. Reasons for Authority Cited:

The Government procured the TM-X850MP X-band manpack satellite terminal at value of $69,000 each for total value of $138,000.00. There is determined to be only one brand name to be available because only the original equipment manufacturer (OEM) (Tampa Microwave) or its authorized re-sellers can satisfy the requirement. No other vendor or distributor can legally obtain access to the hardware nor can they make duplicates, since the hardware is protected by copyright and patent law. This justification only applies to the portion of the acquisition requiring the re furbishments , however the refurbishment and warranty can be procured competitively from several re-sellers, as well as the Original Equipment Manufacturer (OEM).

6. Efforts to Obtain Competition:

Competition for this action is limited to brand name only and further competition is not feasible.

The Government conducted market research and ascertained that the refurbishments of these items as well as the “new” items are obtainable from several authorized resellers of the products.

7. Actions to Increase Competition: No actions at this time have been taken to increase competition, since this procurement includes repair, warranty, and accessory products for a proprietary brand-name item. In the event additional or similar items are needed in the future, the Government will assess the need for competition at that time.

ACC Other than Full and Open Competition Guide Appendix B Page 3

8. Market Research: The Government conducted market research by emailing known Tampa Microwave resellers/distributors and inquiring whether they could support this requirement.

The three contractors listed in paragraph 2 of this document, as well as the OEM, indicated they were interested and could perform these requirements. This market research yielded the acquisition strategy that, while the items are proprietary, a brand name action is the most appropriate since there are several known, interested resellers.

9. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: W912PF-13-C-0115 Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale: Contract is not closed as warranty period is not complete

10. Additional Information to support the justification: N/A

11. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By: STACEY DEAN PATTERSON Position Title (Division Chief or higher): JCND CHIEF Email address: Stacey.d.patterson.mil@mail.mil Signature: _

E-Signed by PATTERSON.STACEY.DEAN.1067709884 VERIFY authenticity with e-Sign

Date: 3 March 2015

12. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the government for this contract action will be fair and reasonable. Basis for the determination:

It is anticipated by the Contracting Officer that the estimated costs will be considered fair and reasonable. In order to ensure the final contract price is fair and reasonable, competition among known resellers/distributors and the OEM will be conducted. The Government will also compare the final quoted price with the Independent Government Cost Estimate (IGCE).

ACC Other than Full and Open Competition Guide Appendix B Page 4

13. Review (if value exceeds $150K): I have reviewed this justification and find it legally sufficient. N/A

Legal Counsel Typed Name: _________________ Date: ______________________ Signature: ____________________

14. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

SIGNATURE: DATE:

NAME: John W. Brown TITLE: Contracting Officer