Justification-for-a Brand Name-ETFO-Codan (Redacted).pdf

Revised form-07/11/2016

BRAND NAMED JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FAR Part 16.505(b)

1. Identification of the agency and the contracting activity:

The Office of Acquisition Management (AQM) proposes to procure on an Exception to Fair Opportunity basis, CODAN Brand Name High Frequency Radio Spart Parts on behalf of the Information Resource Management Bureau/Foreign Operations/Information Technology Infrastructure/LAN-WAN Services/Radio Programs Branch (IRM/FO/ITI/LWS/RPB). The total estimated cost is $548,414.94.

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

This is a new action for CODAN HF Radio Spare Parts products. AQM plans to award a firm fixed-price (FFP) Delivery Order for CODAN brand named HF Transceivers to a small business authorized reseller under the NASA’s Solutions for Enterprise-Wide Procurement (SEWP) V Government-Wide Acquisition Contract (GWAC) vehicle.

3. A description of the supplies or services required to meet the Department’s needs.

This request is for a one-to-one replacement of two non-operating CODAN HF transceivers with associated software and documentation. These items are in support of the Emergency and Evacuation (E&E) and Emergency Action Committee (EAC) radio programs at Post. The spares are for Operations and Maintenance (O&M) of the existing radio system at Post. These supplies require that compatible parts be used with existing CODAN HF radio configurations in the existing E&E and EAC radio programs.

Keeping a single-manufacturer environment within each city is paramount for the following reasons:

• purchasing replacement CODAN HF transceivers will ensure the existing Standard Operating Procedures at each Embassy has the ability to continue using the critical HF portion of each Posts’ Emergency & Evacuation (E&E) notification procedures;

• purchasing replacement CODAN HF transceivers will allow the Embassy environments to be maintained as a single-manufacturer operation which reduces user confusion for E&E operations during life threatening emergencies;

• purchasing replacement CODAN HF transceivers will ensure interoperability with existing legacy radios and radio systems currently deployed in international single manufacturer environments;

• • purchasing replacement CODAN HF transceivers will eliminate the burden of re-training 40+ field technicians in four major Regional Information Management Centers (RIMC).

4. Authority permitting a Fair Opportunity Exception and the supporting rationale.

This acquisition is conducted pursuant to 41USC 4106(C) as implemented by FAR

16.505(b)(2) and substantiated by the following:

The statutory authority permitting exception to fair opportunity is FAR 16.505(b)(2)(i)(B).

“Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.” This requirement will be procuring items peculiar to one manufacturer on a brand name basis in accordance with 16.505(a)(4)(i).

CODAN product is proprietary and is currently used throughout the DOS to support E&E mission and assist with employee safety and security. Switching to a brand other than CODAN, at this time, is unacceptable because that brand product would not be compatible with the agency existing CODAN devices currently utilized by the agency.

Due to the DOS’s need for the proprietary CODAN brand, the contracting strategy, which will provide the best value to the Government, is being competed as brand-name under the NASA SEWP GWAC vehicle.

5. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

The required items are commercially available, and pricing is widely available on NASA SEWP V. Prices are already deemed to be fair and reasonable for NASA SEWP V contracts. Using information from these sources, Radio Programs Branch personnel developed the current cost estimate. Additionally, several other price reasonability checkpoints are in SEWP contract, including:

• A SEWP Prime Contract Holder cannot offer prices higher on their SEWP contract than is offered on their GSA contract. This is exclusive of the surcharge. Since the SEWP fee is 0.34% compared to GSA’s 0.75% fee, SEWP prices must be lower than GSA for that Contract Holder.

• When items are added or prices updated on a SEWP contract, prices are automatically compared to other SEWP Contracts and must be within a reasonable price of all other contracts. Further comparisons with GSA, commercial and other contracts may be done to verify any questionable pricing.

• SEWP Delivery Orders are subject to Fair Opportunity. This internal competition provides an incentive for Contract Holders to provide the best possible price to be selected for award

By signing the justification, the Contracting Officer makes a determination that the cost/price to the Government are expected to be fair and reasonable.

6. Any other facts supporting the justification.

Market research was conducted for sources of spare parts for CODAN products.

The Department posted a request for quote on Unison through NASA SEWP under Solicitation Number 1019221188. NVIS Communications LLC., is the sole small business authorized reseller of CODAN products and does not hold a NASA SEWP contract.

The purpose of the Department’s market research was to find a technical solution that would:

a) Ensure compatibility with existing products

b) Ensure interoperability with the current systems

c) Leverage the existing knowledge base of specific brands and product lines.

Market research determined that CODAN is the only manufacturer capable to provide CODAN spare parts that will interoperate with the Government’s existing CODAN HF infrastructure and inventory for E&E and EAC. It is anticipated that the requirement will be competed among CODAN authorized small business resellers that have a SEWP contract.

7. Actions the agency May Take to Remove or Overcome Any Barriers to Increase Fair Opportunity before any subsequent acquisitions for the supplies or services is made.

The Office of Acquisition Management and the Radio Programs Branch (RPB) will continue to keep abreast of the market. A new competitively awarded contract for High Frequency radios and associated equipment is anticipated by the end of January 2023.

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 16.505 (b)(2)(ii)(B)(9)) I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

SIGNATURE:

09/26/2022 ______________________________ Date Branch Chief RPB

CERTIFICATIONS (Continued)

CONTRACTING OFFICER CERTIFICATION (FAR 16.505(b)(2)(ii)(C)(1)) I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Signed signed 09/26/2022

Sharon Jackson Date

Contracting Officer Office of Acquisition Management

(A/OPE/AQM/WWD/IM)

APPROVALS

John Stever (signed)___________________ __09/26/2022___ Michael Dickson Date Branch Chief Office of Acquisition Management