1.5.1 BNJ-for-MERS-Repeaters_CO sign.pdf

Justification for Brand Name Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(a)(4)

JEFO No. 23-110

JEFO No.: 23-110

Date: May 4, 2023 PR Number: WX03576Y2023T

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA), Office of Response and Recovery (ORR), Office of Disaster Emergency Communications (DEC), prepared this justification for an exception to fair opportunity.

2. Nature and/or description of the action being approved.

Pursuant to FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacturer, FEMA MERS is seeking to procure additional Motorola GTR-8000 Repeaters to be added to the recently upgraded Land Mobile Radio (LMR) Platform. The repeaters and their required accessories may be purchased from any authorized reseller; however, the repeaters and juniper router must be from Motorola Solutions, as well as the router from Cisco, and be 4321 series.

The procurement, per DHS policy, should be made through the DHS TACCOM II contract with Motorola or an authorized reseller.

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

The GTR-8000 repeaters and associated routers have been extensively tested under TACCOM contract. The repeaters and routers can be purchased from any Motorola authorized reseller. The value is estimated at $353,959.47.

MFG P/N Description QTY Unit Price Ext. Price

ISR4321-AX/K9 CISCO ISR 4321 AX BUNDLE W/APP, SEC LIC 3 $2,937.91 $8,813.73

CON-SSSNC-ISR4321A SOLN SUPP NCDCISCO ISR 4321 AX BUNDLE W

APPSEC LIC **(12 MO)**

3 $597.84 $1,793.52

SL-4320-APP-K9 APPX LICENSE FOR CISCO ISR 4320 SERIES 3 $0.00 $0.00

SL-4320-IPB-K9 IP BASE LICENSE FOR CISCO ISR 4320 SERIES 3 $0.00 $0.00

SL-4320-SEC-K9 SECURITY LICENSE FOR CISCO ISR 4320 SERIES 3 $0.00 $0.00

MEM-FLSH-4G 4G FLASH MEMORY FOR CISCO ISR 4300

(SOLDERED ON MOTHERBOARD)

3 $0.00 $0.00

MEM-4320-4G 4G DRAM FOR CISCO ISR 4320 (SOLDERED ON

MOTHERBOARD)

3 $0.00 $0.00

SISR4300UK9-173 CISCO ISR 4300 SERIES IOS XE UNIVERSAL 3 $0.00 $0.00

NIM-LTEA-EA

CAT6 LTE ADVANCED NIM FOR EUROPE AND

NORTH AMERICA

3 $907.28 $2,721.84

4G-AE010-R SINGLE UNIT ANTENNA EXTENSION BASE (10

FOOT CABLE INCLUDED)

6 $0.00 $0.00

LTE-ANTM-D LTE ARTICULATING DIPOLE ANTENNA 698-

960,1448-1511,1710-2690

6 $0.00 $0.00

FL-4320-HSEC-K9 U.S. EXPORT RESTRICTION COMPLIANCE

LICENSE FOR 4320 SERIES

3 $480.25 $1,440.75

NIM-2T 2-PORT SERIAL WAN INTERFACE CARD 3 $498.05 $1,494.15

PWR-4320-POE-AC AC POWER SUPPLY WITH POE FOR CISCO ISR 4320 3 $343.04 $1,029.12

CAB-C15-AC AC POWER CORD (NORTH AMERICA), C15, NEMA-

5-15P, 2.5M

3 $0.00 $0.00

FW-7455-LTE-VZ FW SWITCHING LOAD FOR 7455 VERIZON 3 $0.00 $0.00

SS26M-RJ45-ROIPV24BL-

10FT

SS26M-RJ45-ROIPV24BL-10FT 6 $71.05 $426.30

T7039 GTR 8000 BASE RADIO. 12 $0.00 $0.00

CA03863AA ADD: ASTRO SYSTEM RELEASE 2022.1. 12 $0.00 $0.00

CA01505AA ADD: ASTRO 25 CONVENTIONAL VOTING

SOFTWARE.

12 $242.55 $2,910.60

CA01946AA ADD: CONV MIXED MODE OPERATION. 12 $0.00 $0.00

CA01252AA INC: BR PRESELECTOR UHF 380-435 MHZ. 12 $0.00 $0.00

CA01948AA ADD: DIGITAL CONVENTIONAL SOFTWARE. 12 $11,804.26 $141,651.12

X265AP ADD: BR PRESELECTOR 380-512 MHZ. 12 $404.26 $4,851.12

CA01249AA INC: GTR UHF DUPLEXER 380-403 MHZ. 12 $0.00 $0.00

X182BZ ADD: DUPLEXER, UHF. 12 $1,115.74 $13,388.88

CA02446AA ADD: G-SERIES INDOOR CABINET 15RU. 12 $1,010.64 $12,127.68

X448AA ADD: UHF R1 (380-435 MHZ). 12 $5,093.62 $61,123.44

CA01950AA ADD: CONV MULTI-NAC MULTI-PL. 12 $404.26 $4,851.12

T8817 SITE AND HUB ROUTER AND FIREWALL - AC TAA 10 $4,171.91 $41,719.10

CA03445AA ADD: MISSION CRITICAL HARDENING 10 $2,808.51 $28,085.10

CA03446AA ADD: ENCRYPTION 10 $1,276.60 $12,766.00

CA03448AA ADD: STATEFUL FIREWALL 10 $851.06 $8,510.60

CA03451AA ADD: FIPS 140-2 LEVEL 2 ENCRYPTION

CERTIFICATION

10 $425.53 $4,255.30

Total Price:

$353,959.47

4. Identify the exception to fair opportunity and supporting rationale. Only one awardee is capable of providing the supplies required at the level of quality required because the supplies ordered are unique or highly specialized pursuant to FAR16.505(b)(2)(i)(B) and is an item peculiar to one manufacturer:

FEMA intends to procure a brand name specification for Motorola repeaters, in accordance with FAR 16.505(a)(4). The exception is based on FAR 16.505(b)(2)(i)(B) because Motorola is currently the only vendor to have a repeater operate correctly on our current radio network. The network architecture, maintenance platforms, and configuration systems require the use of this product to ensure interoperability of the newly upgraded system. The Motorola repeaters must be configured in accordance with the SOW. The use of other products could result in interoperability, compatibility, and interface issues that would preclude the system’s support team from providing efficient and effective customer support.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer determines that the anticipated price(s) will be fair and reasonable based on the facts that FEMA has acquired these repeaters in previous years and has developed an extensive knowledge on the price of each repeater and router.

FEMA has awarded numerous orders to Motorola over the years and has developed a strong history of the anticipated cost. In addition, the MERS program personnel have expansive knowledge of what a fair market price would be for the repeaters and routers required in this action.

6. Any other facts supporting the justification.

FEMA recently issued a full and open competition to build its mission-critical land mobile communication applications in 2017. The requirements for this procurement are driven by that recent upgraded mobile communications system, which has been fully accredited and warranted by the Awardee/Motorola. All repeaters must meet the requirements set forth and be compatible for upgrades, and programming rights must meet the current system requirements. Any other product would then require a complete retooling of the training, test equipment, cables computer software, and all of the support components. It would also require additional support platforms because now you are having to support two different manufacturers’ repeaters in the field. Evaluation of alternative vendors was completed again in May 2020 and found some items had been rectified. However, several key failure points yet remain.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

N/A

8. FEMA intends to post this requirement on SAM.gov pursuant to FAR 16.505(b)(2)(ii)(D).

9. Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

10. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Representative/COR Date

11. Contracting Officer Certification and Approval *

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Not exceeding $750,000 Date Contracting Officer

*Note: In accordance with FAR 16.505(b)(2)(ii)(C)(1), proposed orders with an estimated value exceeding the simplified acquisition threshold, but not exceeding $750,000, the ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the ordering activity contracting officer’s knowledge and belief will serve as approval. For OPO, the contracting officer should sign each justification prior to approval by the next higher level (e.g., Competition Advocate, HCA, and/or CPO).

12. Approval.

Over $750,000 but not exceeding $15 million Date Component Competition Advocate

Over $15 million but not exceeding $75 million Date Head of the Contracting Activity

Over $75 million Date Chief Procurement Officer