A16_JOFOC.pdf

ATTACHMENT 3

JUSTIFICATION AND APPROVAL FOR AN EXCEPTION TO FAIR OPPORTUNITY

Over $150,000 (FAR 16.505(b))

PR Number: 0040389769

1. Identification of the Agency and the Contracting Activity:

Destination Unit: DOI/NPS/Golden Gate National Recreation Area (GOGA) Contracting Unit: DOI/NPS/PWR/PORE MABO

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

Brand-Name Justification for land mobile radio (LMR) subscriber radios and accompanying radio accessories to fill outstanding replacement needs for GOGA’s Visitor and Resource Protection (VRP) program.

3. A description of the Supplies or Services required to meet the Agency’s needs, including the estimated value:

Procure replacement radio equipment under functional category 1 of the DOI/IBC Field Communications (FieldCom) multiple-award indefinite delivery/indefinite quantity (IDIQ) contract vehicle. This acquisition is for an estimated 100 portable, mobile and consolette radios for a Motorola trunked radio system, with encryption, multi-band operation, and multi-system interoperability. The estimated cost of this procurement is $930,000.

4. Identification of the exception to fair opportunity (see 16.505(b)(2)) and the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

In accordance with 16.505(a)(4)(ii), this justification for requirement of items peculiar to one manufacturer uses the format specified by 16.505(b)(2)(ii), modified to show the brand-name justification. GOGA is a tenant of a radio system owned by the Department of Energy and managed by Lawrence Livermore National Security (DOE/LLNS). As tenants, GOGA complies with the system owner policies and technical restrictions for radio use on their system.

Currently, DOE/LLNS radio system does not support encrypted communications for other than Motorola radios. In addition, NPS VRP personnel are required to use encrypted radios for all communications over the air. The requirement to use encrypted radios is in place to protect Personally Identifiable Information (PII) from inadvertent release.

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

FieldCom is mandatory for consideration for all DOI Field Communications requirements. Of the 20 vendors awarded FieldCom contracts, at least 11 are Motorola distributors, so competitive pricing is anticipated. A random sampling of items for this requirement indicates that FieldCom prices are about 5% less than GSA. FAR Subpart 8.4.4(d) states that “GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable.”

6. Any other facts supporting the justification:

Independent determination that the technical requirements stated by DOE/LLNS of the shared trunked radio system are valid and necessary. It was determined that certain specific encryption functions on the trunked radio system required certain models of Motorola branded radios to properly function in the public safety environment extant within GOGA. To support any other manufacturer’s radio would require the replacement of all the current inventory of associated accessories and service support equipment which would add significant additional cost to the procurement.

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:

8. Certification by Technical or Requirements Personnel:

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

(Signature) (Date) 06/27/18

(Type or Print Name): Paul S. Williams (Title): Telecom Specialist-Radio

YMorales Sticky Note This is N/A

ATTACHMENT 3

JUSTIFICATION & APPROVAL FOR AN EXCEPTION TO FAIR OPPORTUNITY

Over $150,000 (FAR 16.505(b))

PR Number: 0040389769

I certify that the justification is accurate and complete to the best of my knowledge and belief:

(Signature) _______________________________________ (Date) _____________________

(Type or Print Name): __________________________________________________ Contracting Officer For orders up to and including $25,000, this contracting officer’s certification serves as the Approval of the justification.

Reviewed for Legal Sufficiency by Solicitor’s Office (over $500,000 or as requested):

(Signature) _______________________________________ (Date) ___________________

(Type or Print Name): _________________________________________________ Attorney-Advisor

Reviewed/Concur/Approved by:

(Signature) _____________________________________ (Date) ___________________

Regional or Center Chief of Contracting

For orders exceeding $150,000, but not exceeding $700,000, this certification serves as the

Approved by:

(Signature) _______________________________________ (Date) __________________

Bureau Competition Advocate For orders exceeding $700,000, but not exceeding $13,500,000, this certification serves as the

*NOTE: The approving official shall indicate which one of the circumstances in FAR 16.505(b)(2)(i)(A) through (E) applies.