A03_W91ZLK-15-T-0317__Justification_for_OTFOC__Redacted.pdf

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COMPLETION INSTRUCTIONS for:

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for

SIMPLIFIED ACQUISITIONS VALUED BELOW $150K

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, $150,000.

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.

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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 $150k:

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 <$150k

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

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JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION for

SIMPLIFIED ACQUISITIONS VALUED BELOW $150K

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

PR# 0010675455 ✔ 61, 089.00 including options

Rohde & Schwarz; 6821 Benjamin Franklin Drive; Columbia, Maryland 21046; Cage Code: 82199

Calibration and or repair (firm fixed price) of 18 pieces of electronic equipment to support EMI testing.

Please see continuation page for list of equipment. Equipment shall be calibrated and or repaired within equipment specifications, calibration/turnaround time frame not to exceed 2 weeks. All equipment shall also be upgraded with current manufacturers firmware when calibrated. Option years are also required.

Rohde & Schwarz is the only contractor that can calibrate and or repair this test equipment. R&S holds patented drawings to their equipment, R&S when calibrating the equipment provide upgraded firmware to the test equipment, and if the equipment was not it specification, they will fix and repair due to the terms of this contract. Any other manufacturer would not have these spare parts, nor the firmware to conduct this requirement. The cost involved by dealing directly with R&S would also be significantly lower as there would be no mark up and the turnaround would be shorter by dealing directly with the manufacturer of the test equipment.

My research over the phone in previous years has shown no other lab can calibrate and or repair this equipment. The turnaround time is much quicker, The company is located in Maryland, and if the test equipment needs to be repaired they can repair on site. If it was with another manufacturer the equipment would then have to be shipped to R&S for a cost estimate and contracting would have to get involved for modifications and additional funds

✔ W91ZLK-14-P-0422

Market research to determine numerous vendors to bid on the contract has been accomplished.

Keysight Technologies (formally Agilent) was contacted through Maryann Apostle and discussion was made to see if they could calibrate and also provide firmware to the list of equipment. This was also accomplished with communication with Wayne Mound from Electrometrics to see if they could do the same. Since both of these companies both sell and service similar equipment, this was considered appropriate. Neither company have the necessary firmware to calibrate the Rohde & Schwarz test equipment.

Rohde & Schwarz is the only contractor that can calibrate and or repaired this test equipment. R&S hold patented drawings to their equipment, R&S when calibrating the equipment provide upgraded firmware to the test equipment, and if the equipment was not it specification, they will fix and repair due to the terms of this contract. Any other manufacturer ld t h th t th fi t d t thi i t Th t i l d b d li di tl

RDT&E (2040) FY 2015

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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

Describe efforts made to compete the action, including whether a notice was or will be publicized as required by FAR Subpart 5.2 or which exception under FAR 5.202 applies.

A Notice of Intent to Award a sole source contract to Rohde & Schwarz will be publicized as required by FAR Subpart 5.2.

MARKET RESEARCH COMPLETED:

Suggested methods to validate sole sources are as follow:

Dynamic search of the World Wide Web (www.) utilizing www.google.com Key words "EMI receiver maintenance" resulted in Rohde & Schwarz Key words " Pre amp model TS-PR18" resulted in Rohde & Schwarz Emailed possible alternate vendor, Tektronics, and their response was:

It is worth noting that we (or any other calibration provider) cannot provide those upgrades (only, test, adjust if necessary & calibrate, and certify). Software upgrades are only performed by the OEM (in this case, Rohde & Schwarz).

Joe Giglio Inside Sales Representative Toll Free: 800-438-8165 x. 75777 Phone: 503-627-5777 Email: Joseph.Giglio@tektronix.com service-solutions.tektronix.com

On 14 July 2015, I had a verbal conversation with Cindy Giles, Service Supervisor at Rohde and Schwarz. She informed me that any company can provide a one time calibration or repair, but other companies do not provide a yearly maintenance agreement on their equipment.

AMY DUBREE amy.c.dubree2.civ@mail.mil 21 JUL 2015

CHANEL D. DE SILVA chanel.d.desilva.civ@mail.mil 9 August 2015

DUBREE.AMY.CAT

HLEEN.1298398849

Digitally signed by

DUBREE.AMY.CATHLEEN.1298398849

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DUBREE.AMY.CATHLEEN.1298398849 Date: 2015.08.04 11:09:30 -04'00'

DE

SILVA.CHANEL.D.104

5453622

Digitally signed by DE

SILVA.CHANEL.D.1045453622

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=DE

SILVA.CHANEL.D.1045453622

Date: 2015.08.09 08:47:36 -04'00'

SOLE SOURCE

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CONTINUATION PAGE

ESIB40 s/n 100016 EMI RECEIVER ESIB40 s/n 100165 EMI RECEIVER ESU40 s/n 100090 EMI RECEIVER ESU40 s/n 100091 EMI RECEIVER FSH6-N s/n 101002 HAND HELD SPECTRUM ANALYZER FSP38 s/n 100870 SPECTRUM ANALYZER FSP38 s/n 100871 SPECTRUM ANALYZER SML01 s/n 104581 SIGNAL GENERATOR SML01 s/n 104582 SIGNAL GENERATOR SML01 s/n 105006 SIGNAL GENERATOR SML01 s/n 105759 SIGNAL GENERATOR TS-PR18 s/n 100002 PRE-AMPLIFIER TS-PR18 s/n 100046 PRE-AMPLIFIER TS-PR18 s/n 032002/0002 PRE-AMPLIFIER TS-PR26 s/n 092001/0006 PRE-AMPLIFIER TS-PR26 s/n 100001 PRE-AMPLIFIER TS-PR40 s/n 092001/0007 PRE-AMPLIFIER TS-PR40 s/n 100001 PRE-AMPLIFIER

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