1.5.1 BNJ - FY24 ENHANCED CELLULAR ROUTER KITS_FINAL_CO signed.pdf

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

JEFO No. 24-279 2 4 2 7 9

JEFO No.: 24-279

Date: April 5, 2024 PR Number: WX04930Y2024T

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), Mission Support Directorate, Office of the Chief Procurement Officer (OCPO) and Office of the Chief Information Officer (OCIO), prepared this justification for an exception to fair opportunity.

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

DHS/FEMA intends to award a brand name task/delivery order without considering other brand names to value added resellers of the Cradlepoint equipment and for the other Brand Name items listed (Pelican, Paladin, Brother, Tempo, Jonard, Zebra, and Fluke) for the FEMA Enterprise Service Provider. This equipment listing includes but is not limited to enhanced cellular routing kits, all under the Cradlepoint name brand, and testing tools, all under their own brand name. While FEMA is only considering one brand, FEMA will compete the requirement among First Source value added resellers of Cradlepoint equipment and testing tools.

3. A description of the supplies or services required to meet the agency’s need (including the estimated value) is wireless FEMA enterprise service provider equipment, public internet equipment, testing tools and consumables that cost up to $759,979.22. This pricing is outlined in the table below:

5-yr TAA Compliant NC Mobile Performance Essentials Plan, Advanced Plan, R1900 FIPS 140-3 router with WiFi 5 year term

$727,953.00

Wi-Fi Antenna, Charcoal, Dual-band 2.4/5GHz, RPSMA, 194mm, S700,R920

$5,006.66

Power Supply, 12V, Small 2x2 C8 (C7 line cord not include), -30C to 70C; Used with

R1900, IBR1700, IBR900, R500-PLTE

$7,513.33

Line Cord, 125V C7 1.8M (North America Type A); Used with 170869-000

$2,169.33

Pelican 1615TRVL Wheeled Check-In Case Lid Organizer and Packing Cubes (Black)

016150-0080-

$1,668.75

Paladin Tools PA1557 All-in-One Data & Phone Tool, Rubber, Comfortable Grip

GREENLEE

PA1557

$454.68

Industrial Handheld Labeling Tool w/ Comp Con., Auto Cutter, Li-ion Battery & Case

BROTHER

PT-E500

$797.95

Tone Probe Tone Generator For Tracing and Testing Circuits TEMPO

701K-G

$602.15

VISUAL FAULT LOCATOR KIT JONARD

VFL-150

$712.60

ADAPTER FOR VFL FC-LC JONARD

VFL-25125

$271.00

D914S IMPACT TOOL W/EVERSHARP Fluke

10061501

$523.20

3M System D Blade for D814 and D914 Series Impact Tools FLUKE

10465001

$371.15

SYMBOL LS2208 HANDHELD BARCODE

SCANNER ZEBRA

LS2208-

SR20007R-UR

$520.20

MS-POE, MICROSCANNER POE CABLE

VERIFIER FLUKE NETWORKS

5018508

$4,272.80

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 the Cradlepoint equipment (First four line items above) along with the remaining items listed above (lines 5 through 14) for the FEMA enterprise service provider and network in accordance with FAR 16.505(a)(4)(i) or (ii). The exception is based on FAR 16.505(b)(2)(i)(B), only one source is capable of providing the Cradlepoint equipement because the Cradlepoint equipment is unique or highly specialized and is a brand name item peculiar to the Original Equipment Manufacturer (OEM). The Cradlepoint equipment must be used because the entire FEMA enterprise uses Cradlepoint within its disaster IT public wireless solution. FEMA’s entire cloud-based management system is based on NCM (NetCloud Manager), and Cradlepoint is the only company that is compatible with this solution.

All of our technicians are currently trained on NetCloud Manager and no other products. It would be very costly to get a new solution approved to be put on the TRM (Technical Reference Model). FEMA is heavily invested in Cradlepoint. FEMA has spent many years and millions of dollars in research and development with Cradlepoint. FEMA has around 600 Cradlepoint devices on hand that are already deployed to federally declared disasters and are in the middle of the lifecycle process. To go to a new vendor for this technology would cost FEMA millions of dollars in new hardware, software, licenses and training. Other vendor models have been tested it has been determined that the Cradlepoint Kit use case fits FEMA’s needs. FEMA IT services architecture, maintenance platforms, and configuration systems require the use of this product to ensure interoperability. The equipment must be configured in accordance with DHS OCIO system architecture requirements. The use of other products could result in interoperability, compatibility, interface issues that would preclude the system’s support team from providing efficient and effective customer support. FEMA cannot procure this equipment from a differnet manufacturer than Cradlepoint and will procure this equipment from that source otherwise the cost of maintaining all of the different types of equipment will increase, plus there will be security risks, as there are challenges associated with applying security patches to multiple types of equipment on the same network. In addition, there is urgency for this procurement. As this Cradlepoint equipment is directly to support disaster activity, these assets can be deployed at any time. All previous purchases bought to support NetCloud Manager have come from Cradlepoint. FEMA must procure additional Cradlepoint equipment immediately in order to respond to the Presidential-declared disaster and the catastrophic situation that is endangering thousands of lives and potentially billions of dollars in property. In addition, FEMA must prepare for the possibility that upcoming hurricanes will also strike and may occur in the near future.

Pelican Brand cases are industry rated, tested, and TSA approved to safely transport and carry our network infrastructure equipment without causing unnecessary damage to equipment which could result in a significant bill of replacement. Spacers, lid organizers, and packing cubes are already in use by our team which only fit Pelican Brand cases. Using any alternative case would result in a significant cost to replace the cases, lid organizers, spacers and packing material.

The Paladin Tools PA1557 stand out as the best option when compared to other crimping tools on the market, offering superior performance, durability, and ease of use. These crimpers offer a range of features and attachments that increase their versatility, allowing them to handle a variety of crimping tasks with a single tool. This reduces the need for multiple tools, saving both time and money. This particular crimper has a reputation for reliability and precision leading to higher quality work and reduced downtime due to tool failures from poor quality.

The Brother (PTE500) labeling kit is designed for industrial use with labels that are highly durable and resistant to extreme temperatures, chemicals, abrasion, and UV exposure. The PTE500 produces labels that last longer under challenging conditions, reducing the need for frequent re-labeling and minimizing disruptions. The PTE500 can be connected to a PC for advanced label design and printing, allowing for greater customization and access to more complex templates. This feature gives it a significant edge over simpler, standalone label makers.

The Tempo 701K-G is known for its accurate and reliable signal tracing. It offers superior performance in locating wires and identifying cable pairs, even in complex wiring environments, where other products might struggle with accuracy. Its tone generator produces a strong, clear signal that can be easily traced by the probe, even over long distances or through dense wiring bundles. This reduces the risk of misidentifying cables, which can save time and prevent costly mistakes. It includes a feature for indicating the polarity of the circuit, which can be crucial in certain troubleshooting scenarios. This feature is not always available in other products, adding an extra layer of functionality.

The Jonard Visual VFL provides extended range and optical strength testing over other brands. The range of our optical cable runs can largely vary and can be impossible to predict from site to site. This brand has the leading optical laser strength that will allow our team to properly test and measure our fiber optic cable runs. In addition the Jonard Visual has adapters which allow the device to test all of our different optical cable standards in one device, that allows one tool to replace many others for the same cost.

Fluke Impact tools and associated D Blades are known for their durability, precision, and reliability. They outperform competitors in critical areas such as longevity and ease of use. Their advanced design also allows for more accurate and consistent performance, which is crucial for maintaining the high standards required in our work, leading to reduced downtime, increased safety and better efficiency.

Zebra Barcode scanners are a compact solution and travel friendly barcode scanner which can effectively and correctly scan the barcodes of our network infrastructure equipment which are often very small and located in hard to reach places. Zebra scanners have a super thin light as compared to other scanners which allows us to scan our very small barcodes. This scanner meets operational and security requirements of the organization allowing us to safely interface with our devices to properly maintain asset inventory.

Fluke Cable Verifiers offer distinct advantages over comparable testers. They provide highly accurate test results, reducing the likelihood of errors and ensuring that cable installations meet the required standards. This level of accuracy is crucial for maintaining network performance and avoiding costly rework, a benefit that many other tools fail to offer consistently. One of the key differentiators of Fluke Cable Verifiers is their advanced diagnostic capabilities. These tools can identify and pinpoint a wide range of potential issues, such as miswires, split pairs, and length inconsistencies, with greater speed and accuracy than many competitors. This not only saves time but also enhances the overall quality of the work by preventing future network problems.

5. The Contracting Officer determines that the anticipated price will be fair and reasonable based upon competitive quotations, market research and the IGCE provided by the program office.

6. This request is for necessary Cradlepoint equipment (Cradlepoint) and testing tools (Pelican, Paladin, Brother, Tempo, Jonard, Zebra, and Fluke) to provide FEMA with connectivity to the FEMA Enterprise Service Provider to enable internal and external communications for federal, state, and tribal governments. In order to fulfill this mission critical function, this IT request must be purchased to comply with the mission requirements of FEMA in support of disaster survivors in field operations.

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. FEMA is working on a solicitation for an indefinite delivery, indefinite quantity contract for Cradlepoint equipment. This longer-term requirement will be competed among all manufacturers.

8. DHS 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

MICHAEL F

BISCHOFF JR

Digitally signed by MICHAEL F

BISCHOFF JR

-04'00' 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