1.27a FSS Sole Source Justification ABOVE SAT.pdf

SSJ# 26-288

FSS SOLE SOURCE JUSTIFICATION (above SAT)

1. Identification of Requiring Activity and Contracting Activity.

This is a Sole Source Justification in accordance with GSAR 538.7104-3(b). The requiring activity is Maritime Expeditionary Security Group TWO (MESG-2), Virginia Beach, VA; the contracting activity is NAVSUP Fleet Logistics Center (FLC) Norfolk, Contracting Dept., Fleet Directorate.

2. Nature and description of contract action.

This acquisition is conducted under the authority of the Multiple Award Schedule Program (Title 41 U.S.C. 152 (3) and Title 40 U.S.C. 501, Services for Executive Agencies). This sole source action is to be awarded as a new Federal Supply Schedule Task Order to Persistent Systems, LLC. The placement of a firm-fixed-price order is anticipated.

This action is considered a new requirement.

3. Description of Required Supplies/Services.

The proposed acquisition is to procure radio parts in support of an emergent critical requirement for overseas contingency operations.

It is intended to acquire twelve (12) digital radio kits from Persistent Systems, LLC to meet this critical operational requirement. The required delivery date is two (2) weeks from date of award. The Independent Government Estimate (IGE) is $376,820.37.

4. Identification of the Justification Authority and Supporting Rationale.

The proposed requirement is to acquire twelve (12) digital radio kits, as delineated in the minimum requirements, in support of an emergent critical requirement for overseas contingency operations.

The statutory exception supporting the placement of an order exceeding the SAT on a sole source basis is:

GSAR 538.7104-3(b)(1)(ii) – Only one source is capable of providing the products, services, or solution required at the level of quality required because the products, services, or solutions are unique or highly specialized.

The digital radio technology required is unique to Persistent Systems, LLC. Additionally, the technology is already in current use within the theater generating this operational requirement.

These kits are designed to critically allow the deploying units of action to integrate into an existing battlefield communications framework and allow for effective Command & Control.

No other digital radio systems from industry will communicate on the same proprietary radio waveforms.

Source Selection Information – See FAR 2.101 and 3.104

5. Determination of Fair and Reasonable Price .

GSA has determined the prices of supplies of the schedule contracts to be fair and reasonable for the purpose of establishing the schedule contract. Per DFARS 208.470(d), GSA’s determination does not relieve the ordering activity contracting officer from the responsibility of making a determination of fair and reasonable pricing for individual orders, blanket purchase agreements (BPA), or orders under BPAs. Therefore, ordering activities are responsible to make a separate determination of fair and reasonable pricing for individual orders, BPAs, and orders under BPAs.

The Contracting Officer will determine, using the procedures in FAR 15.404-1, that the prices are fair and reasonable and will document such determination with a level of detail commensurate with the complexity and circumstances of each order. By placing an order against a schedule contract, the ordering activity contracting officer concludes that the order represents a fair and reasonable price and best value to the Government.

6. Description of market research among schedule holders and the results or a statement of the reason market research was not conducted.

The requiring activity has conducted market research among schedule holders. Alternative fielded radio technology, from alternative manufacturers such as L3Harris and Trellisware, operate on a radio waveform that does not integrate with the already-fielded radio technologies from Persistent Systems, LLC.

Additionally, these radio systems are not capable of providing the additional data throughput required to transmit the amount of data as required in the operational concept of employment.

Persistent Systems, LLC has confirmed they do not have any authorized resellers and they are the sole distributor.

7. Any other facts supporting the justification.

This procurement uses a GSA Federal Supply Schedule and will be solicited and awarded in accordance with GSAR Subpart 538.71.

8. Actions the Agency may take to remove or overcome barriers to competition.

For the reasons set forth in Paragraph 4, the contracting activity has no plans at this time to compete future contacts for the types of supplies covered by this document. However, if another potential source emerges, the contracting activity will assess whether competition for future requirements is feasible.

Justification Number: 26-288

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

Signature Name (Printed) Date

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief. To the extent that the Justification value is > SAT and < $10M, the Contracting Officer’s signature below also represents approval of the Justification.

SSJ# 26-288