19AQMM26F1616 Justification for an Exception to Fair Opportunity FEST_Redacted.pdf

• Bureau of Global Public Affairs – Crisis Communications

• Bureau of Consular Affairs – Overseas Citizen Services

• Bureau of International Security and Nonproliferation – Office of WMD Terrorism:

Foreign Consequence Management

• Bureau of Medical Services – Operational Medicine

• Department of Health and Human Services – Emergency Management and Medical

Operations

• Intelligence Community

• Department of Energy – Nuclear Emergency Support Team

• Department of Defense – Geographic Combatant Commands (GCC) and Special

Operations Command (SOCOM)

• Federal Bureau of Investigation – Critical Incident Response Group, Counterterrorism

Division, and Weapons of Mass Destruction Directorate

• Other Department and Interagency Community entities as required by a crisis event or threat.

This procurement will allow the Office of GTC to accomplish its mission to forward-deploy personnel and secure communications equipment to incident sites away from post to ensure rapid, accurate information flow between the incident site and the COM.

The estimated value is

SECTION 4: IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY

AND THE SUPPORTING RATIONALE

This acquisition is conducted pursuant to 41 U.S.C. 4103 and 4106 as implemented by FAR 16.507-6 and substantiated by the following:

☒ FAR 16.507-7 - Items peculiar to one manufacturer.

There are no manufacturing or competitive sources of PacStar Tactical Smart Chassis for PacStar 400-Series communication, computing and networking modules. PacStar is the only manufacturer whose existing PacStar 400-Series communication, computing and networking modules will fit into and fully interoperate with the PacStar Tactical Smart Chassis.

Additionally, there are warranties, service plans and software maintenance agreements that will become void if unauthorized equipment is introduced into the FEST environment.

The cost of using another brand of Tactical Smart Chassis would require new hardware procurements ranging in hundreds of thousands of dollars.

Additionally, it is important that GTC keeps consistency and homogeneity in the secure mobile environment to reduce operational complexity and risk. Some of the obvious benefits of a homogeneous environment include consistency in emergency communication management.

This strategy has been used to re-purpose equipment from under-utilized programs to shore-up capabilities that have the same equipment but require more resources.

PacStar Tactical Smart Chassis for PacStar 400-Series communication, computing and networking modules are uniquely qualified to meet the requirements of GTC based upon the following:

• Compliance with network security standards and operational authorization

• Equipment repurposing capability: Existing equipment repurposing from underutilized environments to production systems,

• Proprietary technology and OEM support requirements: The DOS currently owns

PacStar 400-Series networking modules that this equipment is intended to house and integrate.

Risk mitigation: Alternative manufacturers would introduce untested variables into a time-critical, emergency communications program

SECTION 5: DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE

The Contracting Office determines that the anticipated price(s) will be fair and reasonable based on the fact that these products are Commercial Off The Shelf (COTS) items that are available on the commercial marketplace by both description and part number. Additionally, this is a Brand-Name requirement and therefore pricing between competing resale vendors can be compared. By signing the justification, the Contracting Officer makes a determination that the cost/price to the Government are expected to be fair and reasonable.

The Contracting Officer will not award the planned contract action unless the Contracting Officer evaluates and determines that the resultant price is fair and reasonable.

SECTION 6. 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.

It is possible that migrating to unclassified cloud-based solutions in the future will eventually eliminate the need for on-premises networks. The requirement for Type 1 NSA equipment to encapsulate and interoperate with the interagency will not diminish. We will continue to explore options concerning on premises PacStar Tactical Smart Chassis for PacStar 400-Series communication, computing and networking modules to the on-premises FEST program.

The Office of Global Acquisitions and the FEST program will continue to keep abreast of the market to understand if other integrated networking and cybersecurity platform equipment becomes available and will interoperate within DoW, Fed/Civ and the existing IC communication systems.

The Office of Global Acquisitions and DT/EI/NT will continue to keep abreast of the market to refine its requirement and assess the market for future 8(a), small business set-aside, or full and open competition and for alternative solutions that may become available and begin the ATO process for use on the DOS system and for additions or changes that might affect fair opportunity.