0 - JA Sole Source - Diego Garcia LMR Maint (Redacted).pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

FOR OFFICIAL USE ONLY

March 2018 FOR OFFICIAL USE ONLY Page 1 of 5

NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to all J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: < $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 36th Contracting Squadron

Purchase Request / Local ID Number: TBD

Program / Project (and PE, if applicable): Diego Garcia Land Mobile Radio Maintenance and Support Services

Program Type (PEO or Other Contracting):

Authority: 6.302-1 – 10 USC 2304(c)(1), Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Estimated Contract Cost (including options): $4,500,000 J&A Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date

19 Dec 2019

Project Lead / Program Mgr / Requiring Activity Austin Gifford 36 MSG, Det 1(PACAF) / 315-370-7667

Signature

Date

19 Dec 2019

Contracting Officer Jared Van Orman

36 CONS/PKB / 315-366-4686

Signature

Date

30 Dec 2019

Local Legal Reviewer Oladipo O. Odejide

36 WG/JA / 315-366-6039

Signature

Date

21 Jan 2020

Chief of the Contracting Office (COCO) Charles C. Berry II

36 CONS/CC / 315-366-4214

Signature

APPROVAL (AFFARS 5306.304(a) )

Date

10 Mar 2020

Competition Advocate BRIAN V. UCCIARDI, Col, USAF Director of Contracting (OL-PAC)

AFICC/KH / 808-449-8569

Signature

GIFFORD.AUSTIN.RILEY.

1401598410

Digitally signed by

GIFFORD.AUSTIN.RILEY.1401598410

Date: 2019.12.19 09:35:14 +06'00'

VAN

ORMAN.JARED.ALEXANDER.128796

Digitally signed by VAN

ORMAN.JARED.ALEXANDER.1287966853

Date: 2019.12.19 13:39:31 +10'00'

ODEJIDE.OLADIPO.OLU

ROTIMI.1472026239

Digitally signed by

ODEJIDE.OLADIPO.OLUROTIMI.1472026239

Date: 2019.12.30 15:27:34 +10'00'

BERRY.CHARLES.C.II.106

4941018

Digitally signed by

BERRY.CHARLES.C.II.1064941018

Date: 2020.01.21 16:51:18 +10'00'

UCCIARDI.BRIA

N.V.1045911477

Digitally signed by

UCCIARDI.BRIAN.V.1045911477

Date: 2020.03.10 09:34:38 -10'00'

March 2018 FOR OFFICIAL USE ONLY Page 2 of 5

I. Contracting Activity.

36th Contracting Squadron Andersen AFB, Guam

II. Nature and/or description of the action being processed.

This is a request for approval to award a contract, on a sole source basis, for support and sustainment services in support of the Enterprise Land Mobile Radio (ELMR) system deployed and used by 36 MSG DET 1, Diego Garcia. Support and sustainment services are for Motorola brand Land Mobile Radio (LMR) software, hardware, and infrastructure.

III. Description of supplies/services required to meet agency needs.

The requirement is a Firm Fixed Price IDIQ contract for preventative and corrective maintenance for existing ELMR hardware and software including radio frequency (RF) repeater, dispatch and management equipment and software, all associated equipment and software currently deployed, as well as subscriber (portable and mobile LMR) maintenance for 36 MSG DET 1, Diego Garcia. This requirement consists of an initial one (1) year basic period, four (4) subsequent one (1) year option periods, and the option to extend services for up to six (6) months under FAR 52.217-8.

The ELMR is a radio network that provides mobile radio communications/connectivity for users from all U.S.

military Service Departments, allies, and partner nations throughout Diego Garcia for flight line operations, port operations, and public safety departments for command and control two-way radio communications.

Services consist of both "Recurring and Non-Recurring Maintenance Support".

"Recurring Maintenance Support" includes:

Network Monitoring with AF Technician Dispatch, Technical Support, Infrastructure Repair with Advanced Replacement, Remote Security Patch Installation, Quarterly Preventative Maintenance Inspections, Network Updates, Security Monitoring, Annual System Management Training, Comprehensive Radio Repair APX6000 and Annual Preventative Maintenance APX6000.

"Non-Recurring Maintenance Support" includes:

Subscriber Battery Replacement, UPS Battery Replacement, Emergency Support Services, Engineering Support, and Additional Maintenance Support Services. These services will be performed as requested/ required.

IV. Statutory authority permitting other than full and open competition.

41 U.S.C. 1901(e)(2), as implemented by FAR 13.501(a)(1)(i), purchase of commercial items on a sole source basis. FAR 13.501(a)(ii) requires justification using FAR 6.303-2 format modified to reflect the use of the procedures in FAR subpart 13.5 IAW 41 U.S.C. 1901.

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

By nature of the proprietary hardware, software, and firmware components utilized in the LMR and ASTRO 25 System, Motorola is the only vendor capable of providing support and sustainment services. Warranty repairs, maintenance services, network monitoring, security monitoring, software vetting, patching and network updates are all aspects of the services being contemplated at Diego Garcia. These services can only be accomplished by Motorola because they involve Motorola proprietary information and technologies.

March 2018 FOR OFFICIAL USE ONLY Page 3 of 5

The Government believes that award to another source would result in substantial duplication of costs that are not expected to be recovered through competition. The equipment must be compatible in form, fit, and function with the presently installed Motorola ASTRO 25 core equipment. Choosing an alternative manufacturer would require maintaining separate hardware for other users and would invalidate and jeopardize Advanced Encryption Standards due to difference in software compatibility as no other radio manufacturer can connect with the current software being used within Diego Garcia.

Both LMR hardware (radios etc.) and software (services and sustainment) support acquisitions across the USAF almost always require unique/patented features from a specific manufacturer. Motorola Solutions hardware, software, and infrastructure (trunking systems) is in use at Diego Garcia. As such, Motorola is the only vendor that can supply JITC certified trunking equipment and support services, and therefore, the only vendor that can provide either equipment or sustainment services based on the infrastructure in place at each individual location.

Implementation of this J&A will facilitate more timely and cost effective mission support by increasing the availability of 100% compatible radio units that meet each customer's unique requirements while significantly reducing duplication of costs in spare parts/accessories, and LMR maintenance.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A Sources Sought Synopsis was issued on 17 Oct 2019. A total of vendors responded. Capability briefs were Market research indicates that Motorola does not license third parties for system repair, nor is their protected proprietary rights in software, firmware, and related technical information licensed or made available to third parties. Motorola is the only authorized, certified company with a technical team available on Diego Garcia capable to install, maintain, repair, and sustain the existing LMR system and components. Immediate repair/ sustainment of the LMR system are required to ensure 100% communication operations for the entire island.

Based on the Government's analysis, Motorola is the only source capable of providing the required services.

Use of any other provider would result in unreasonable risks of mission impact. Therefore, solicitation from other sources is not practicable for this requirement. This justification and approval will be published in accordance with FAR 6.305.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Contracting Activities will be required to make an individual determination of price fair and reasonableness in accordance with (IAW) FAR 13.106-3(a) (simplified acquisitions) prior to award.

The Contracting Officer anticipates being able to determine and obtain a fair and reasonable price based on comparison of the proposed price with prices found reasonable on previous purchases.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Market research was accomplished by 36 CONS in October 2019 via Sources Sought and Internet searches, which substantiated previous market research as outlined below. Additionally, the TACOM II (TC2) MAC was consulted. TacCom II is mandatory for the Department of Homeland Security (DHS), but not for the USAF. TC2 allows for a FFP or a Time and Materials (T&M) services task order. As this requirement is being pursued as a Firm-Fixed onally IDIQ, the TC2 was eliminated as an option.

Additionally, NAVFAC FE, PWD, ACQ Div - Diego Garcia was contacted to determine if the Navy had any

March 2018 FOR OFFICIAL USE ONLY Page 4 of 5 contracts or contract vehicles that would facilitate or support the Diego Garcia LMR Maintenance and Support Services being requested. This request was also routed to their PCO in Yokosuka and also the NAVFAC Far East Office for review. Their review of this requirement indicated that they would not be able to facilitate or accommodate this requirement.

Supporting facts in this J&A were drawn from Internet searches and requests from Motorola Solutions, Inc.

about the proprietary nature of their products and services. Communication Squadron subject-matter experts (SMEs) and Motorola provided clarification and verification of the nature of the products and services.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

Market research indicates that Diego Garcia has a Motorola trunking system. Because Diego Garcia uses a Motorola trunking system, any purchase from other than Motorola degrades mission readiness and increases cost of operation via cost duplication for redundant systems. It is estimated that it would cost approximately to completely replace the existing Motorola hardware, software, and infrastructure plus the cost of Government labor, time, and effort at Diego Garcia.

It is in the best interest of the Government to buy radios and maintenance support from Motorola in order to maintain standardization at Diego Garcia, creating further savings in training, maintenance, inventory, and replacement due to interoperability.

X. List of any sources that expressed, in writing, an interest in the acquisition.

Sources that expressed interest in the Diego Garcia Land Mobile Radio Maintenance and Support Services acquisition are Although expressed interest in the LMR maintenance support services in Diego Garcia by responding to the sources sought synopsis, the company confirmed via email to the Contracting Officer that they would not be able to support this requirement since Motorola does not license third parties for system repair services.

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

The environment for USAF LMRs is such that most radio purchases must be supported by a brand-name or sole-source J&A to meet customer requirements. It is anticipated that Diego Garcia operations, maintenance and associated services will continue to be a sole source requirement due to ASTRO 25 patented proprietary technology and associated vendor-specific features that result in a significant barrier to competition for Air Force LMR in Diego Garcia. As the Motorola equipment in the existing LMR system becomes obsolete and needs to be replaced, competitive sourcing market research to determine other interested sources or suppliers of similar products will be conducted. Every effort will be made to replace Motorola equipment in the LMR system with components that do not have proprietary software and/or hardware, so monitoring of the LMR system can be competed for future contracts.

In accordance with FAR 13.501(a)(iii), the justification shall be made publicly available within 14 days after contract award. This justification shall be made publicly available via the Federal Business Opportunities Website (www.sam.beta.gov). Responses received from capable and interested vendors, as a result of that posting, will be considered for future USAF LMR efforts.

XII. Certification by the Contracting Officer.

The Contracting Officer's signature on the Justification Review Document provides evidence that he has

March 2018 FOR OFFICIAL USE ONLY Page 5 of 5 determined this document to be both accurate and complete to the best of his knowledge and belief (FAR 6.303-2(b)(12)).

XIII. Certification by the technical/requirements personnel.

As evidenced by their signatures on the Justification Review Document, the technical and/or requirements personnel have certified that any supporting data contained herein, which is their responsibility, is both accurate and complete (FAR 6.303-2(c)).