JOFOC_Motorola SBGkdm (003).pdf

JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Part 6.3

1. Identification of the agency and the contracting activity:

The Office of Acquisition Management, Regional Procurement Support Officer Frankfurt (A/OPE/AQM/IP/RPSOFR) is conducting this acquisition of other than full and open competition for Motorola communication equipment for the State Border Guard Service of Ukraine (SBGS) and National Police of Ukraine (NPU) on behalf of the Bureau of International Narcotics and Law Enforcement Affairs (INL) - U.S. Embassy Kyiv, Ukraine. The equipment requested under this justification is the Motorola MotoTRBO radios and repeaters. The total estimated cost is $3.368.500 million.

2. The nature and/or description of the action being approved.

Motorola communication equipment, described in section 3, was selected due to the fact that is already in use by the State Border Guard Service of Ukraine (SBGS) and therefore the one compatible with the existing equipment. The National Police of Ukraine (NPU), the beneficiaries of this procurement. NPU, SBGS and other law enforcement agencies in Ukraine, such as Patrol Police and NABU are already using Motorola equipment for their operations. In 2014 the Government of Ukraine issued an official order, according to which radio communication on the border should be based on a single platform. The Government of Ukraine is pursuing a strategy of moving all its security forces to a single digitally encrypted system by Motorola. In order to ensure compatibility and interoperability of the NPU and SBGS communications with other GOU agencies in accordance to the order and in line with the strategy, the requested communication equipment should be of the same make and models as the equipment already in use.

Usage of the single communication platform became especially critical for Ukrainian law enforcement since the beginning of , because it ensures officers safety, improves efficiency, and enables effective coordination and accountability between law enforcement agencies.

The requested Motorola equipment may be incorporated into the NPU and SBGS existing maintenance and repair systems, while items of a different brand would require additional arrangement for maintenance and repair services. Motorola brand equipment fully meets the operational requirements of the NPU, SBGS, and other Ukrainian Law Enforcement entities. It has all the required salient characteristics, with high reliability two-way radio service, seamless integration of voice and data, including Capacity Plus, Capacity Max or Connect Plus features. Motorola has a wide net of service centers throughout Ukraine ensures that warranty repairs and other warranty services will be readily available. For the aforementioned reasons, only the proposed make of the communication equipment will satisfy the NPU and SBGS need.

$3.4M.

3. A description of the supplies or services required to

Approximate cost of this procurement is $3.368.500 million.

4. An identification of the statutory authority permitting other than full and open competition:

This acquisition is conducted under the authority 41 U.S.C. 3304(a)(1) as implemented by FAR 6.3, and substantiated by the following regulatory authority:

The regulatory authority is:

FAR 6.302-1, (c) this acquisition uses a brand-name description.

Only the Brand Name Motorola radio communication equipment (radios and repeaters) will satisfy the agency requirements.

5. qualifications or the nature of the action require use of the authority cited.

NPU, SBGS and other law enforcement agencies in Ukraine, such as Patrol Police and NABU are already using Motorola equipment for their operations. In 2014 the Government of Ukraine issued an official order, according to which radio communication on the border should be based on a single platform. The requested Motorola equipment may be incorporated into the NPU and SBGS existing maintenance and repair systems, while items of a different brand would require additional arrangement for maintenance and repair services. Motorola brand equipment fully meets the operational requirements of the NPU, SBGS, and other Ukrainian Law Enforcement entities. It has all the required salient characteristics, with high reliability two-way radio service, seamless integration of voice and data, including Capacity Plus, Capacity Max or Connect Plus features.

Motorola has a wide net of service centers throughout Ukraine ensures that warranty repairs and other warranty services will be readily available. For the aforementioned reasons, only the proposed make of the communication equipment will satisfy the NPU and SBGS need.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

$3.4M.

The requirement will be posted on https://sam.gov/ using a brand name description and allow competition among all known Motorola dealers, able to meet the requirements established in the solicitation document.

In Accordance with FAR 5.102 (a) (6) the justification shall be posted with the Solicitation

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Note: dollar amounts may not exceed statutory limitations for the commercial items test program identified in FAR 13.500.

The Acquisition will be posted on https://sam.gov/ using a brand name description. The evaluation of offers will be based on the Lowest-Priced, Technically Acceptable (LPTA) approach.

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

8. A description of the market research conducted (per FAR Part 10) and the results or a statement of the reason market research was not conducted.

Only Motorola will allow the SBGS and NPU to communicate with other government agencies through a unified communications platform, since other government agencies are already using Motorola.

Purchasing a radio communication equipment (radios and repeaters) from another company will effectively prevent these important government agencies from sharing information quickly and effectively in a crisis, potentially causing serious problems in the future and defeating the purpose of the INL Ukraine strategic goal to improve the ability of Ukrainian law enforcement to serve the public and counter Russ

9. Any other facts supporting the use of other than full and open competition such as:

As described above, only Motorola will allow the SBGS and NPU to communicate with other government agencies through a unified communications platform, since other government agencies are already using Motorola.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

N/A

11. A statement of any actions the agency will take to remove or overcome any future barriers to competition before any subsequent acquisition for the supplies or services required.

N/A

CERTIFICATIONS

TECHNICAL AND REQUIREMENTS CERTIFICATION

I certify that this justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

SIGNATURE:

Name: Lori Antolinez Date Title: Acting INL Director Office: U.S. Embassy Kyiv, Ukraine

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12))

I certify that this justification is accurate and contains complete data necessary to support the recommendation for Other than Full and Open Competition.

Alexandra Perez Acevedo Date Contract Specialist

RPSO

Colum Mullan Date Branch Chief

RPSO

Nicolas A. Wilhelm Date Contracting Officer A/OPE/AQM/RPSOFR

Eric N. Moore Date Director A/OPE/AQM/RPSOFR

LEGAL SUFFICIENCY REVIEW (Ref: DOSAR 606.304)

I certify that this submission is accurate, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

SIGNATURE:

Name: Kathleen D. Martin Date Title: Assistant Legal Advisor Office of the Legal Adviser, Buildings and Acquisitions (L/BA)

(Ref: FAR 6.501):

Sharon D. James Date Competition Advocate A/OPE/AP/PD

05/07/23