36C25219Q0372-002.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For Other Than Full and Open Competition (>SAT)

1. Acquisition Plan Action ID:

36C25219AP1059

2. Contracting Activity:

Department of Veterans Affairs Great Lakes Acquisition Center, NCO-12 115 South 84th Street, Suite 101 Milwaukee, WI 53214-1476

Edward Hines Jr. VAH 5000 South 5th Avenue Hines, IL 60141-1457

2237 Number: 578-19-2-5969-0005

3. Nature And / Or Description Of The Action Being Processed:

This is a justification and approval for a brand name only procurement which will be awarded as a new firm-fixed-priced, base plus four-year option periods, purchase order for Motorola Radio equipment that will be used in the Police Service at the Edward Hines Jr. VAH.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Motorola Radio Equipment, brand name only, in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of

FAR 6.303-2.

4. Description Of Supplies / Services Required To Meet The Agency’s Needs:

The following Motorola Radio Equipment, brand name only, is required to meet the Agency’s Needs:

LINE

ITEM

ITEM NUMBER / DESCRIPTION

QTY

1 PMMN4061B / AUDIO ACCESSORY-HEADSET,PSM IP55 WITH

3.5MM JACK RX 30IN

2 NNTN8844A / CHARGER,MULTI-UNIT,IMPRESS 2,6-

DISP,NA/LA-PLUG,ACC USB CHGR

3 NNTN8860A / CHARGER,SINGLE-UNIT,IMPRESS

2,3A115VAC,US/NA,

4 SVC03SVC0105D / INFRASTRUCTURE PROGRAMMING 1950

5 PMAF4002A / APX 7000 700/800MHZ PSM ANTENNA 40

6 H91TGD9PW7AN / APX 8000 ALL BAND PORTABLE RADIO

MODEL 3.5

6a QA05508AA / DEL; DELETE VHF BAND 40

6b QA05571AA / ALT; LI-ION IMPRESS 2 IP68 4850 MAH 40

6c H842AU / ADD: SINGLE UNIT PACKING 40

6d Q806CB / ADD: ASTRO DIGITAL CAI OPERATION 40

6e HA00025AH / ADD: 5 YEAR ESSENTIAL ACCIDENTAL

DAMAGE

6f QA1648AA / ADD: ADVANCED SYSTEM KEY - HARDWARE

KEY

6g Q629AH / ENH: AES ENCRYPTION 40

6h H38BS / ADD: SMARTZONE OPERATION 40

6i Q361AN / ADD: P25 9600 BAUD TRUNKING 40

6j QA00580AA / ADD: TDMA OPERATION 40

6k G996AP / ADD: PROGRAMMING OVER P25 (OTAP) 40

6l H869BW / ENH: MULTIKEY 40

6m QA03399AA / ADD: ENHANCED DATA 40

7 PMLN7901A / CARRY ACCESSORY-HOLSTER,UNIVERSAL

HOLDER FOR STD MODELS

8 NNTN8921A / BATT IMPRESS 2 LI ION TIA4950 R IP68 4500T 40

5. Statutory Authority Permitting Other than Full And Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

FAR13.5 Simplified Procedures for Certain Commercial Items:

The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

6. Demonstration That The Contractor’s Unique Qualifications Or Nature Of The Acquisition Requires The Use Of The Authority Cited Above (applicability of authority):

The Motorola Radio Equipment, brand name only, will be utilized by the Edward Hines, Jr.

VAH Police for two-way emergency and non-emergency communications. The radios will also be used by the Hines VAH Police for emergency communications with local law enforcement agencies, so they must be all-band programmable.

The Hines VAH Police require Motorola brand equipment due to current communications infrastructure and software encryption being Motorola and this requirement shall be compatible with the current Motorla Radio communications system.

7. Description Of Efforts Made To Ensure That Offers Are Solicited From As Many Potential Sources As Deemed Practicable:

Non-Manufacturer Rule (NMR): Definition - for small business set-asides, other than for construction or services, any concern proposing to furnish a product that it did not itself manufacture, must furnish the product of a small business manufacturer unless the SBA has granted a waiver. If the IGCE is less than $250,000.00 the NMR does not apply and a set aside shall be sought. If the IGCE is equal to or greater than $250,000.00 the NMR applies.

The IGCE is greater than $250,000.00, and the SBA has not granted a waiver, therefore the NMR does apply to this procurement. As such, to ensure that offers are solicited from as many potential sources this procurement will be solicited as unrestricted, MOTOROLA brand name only, on the open market.

8. Determination By The CO That The Anticipated Cost To The Government Will Be Fair And Reasonable:

The CO anticipates the cost will be considered fair and reasonable i/a/w: FAR 13.106-3(a)(1) Based on Competition.

9. Description Of The Market Research Conducted And The Results, Or A Statement Of The Reasons Market Research Was Not Conducted:

VIP search was conducted using the search criteria of NAICS Code: 334510, the search resulted in 167 matches. A second search was conducted using the search criteria of NAICS Code:

334510 and the Keyword: MOTOROLA, the search resulted in seven (7) matches.

Ability One website search was conducted; Ability One does not provide the requirement.

FSS search conducted, resulting in four (4) small business vendors and one (1) other than small business vendor, all distributors for the OEM MOTOROLA, that provide the requirement on an FSS contract. MAS Schedule / SIN: 70 / 132-8.

Non-Manufacturer Rule (NMR): Definition - for small business set-asides, other than for construction or services, any concern proposing to furnish a product that it did not itself manufacture, must furnish the product of a small business manufacturer unless the SBA has granted a waiver. If the IGCE is less than $250,000.00 the NMR does not apply and a set aside shall be sought. If the IGCE is equal to or greater than $250,000.00 the NMR applies.

The IGCE is greater than $250,000.00, and the SBA has not granted a waiver, therefore the NMR does apply to this procurement.

Based on the information provided above, this procurement will be fulfilled by issuing a Brand Name Only, Unrestricted, Request for Quotation onto FBO i/a/w: FAR 13.5.

10. Any Other Facts Supporting The Use Of Other Than Full And Open Competition:

n/a

11. Listing Of Sources That Expressed, In Writing, An Interest In The Acquisition:

CHICAGO COMMUNICATIONS, LLC – 17-277-3934 – Small Business.

12. A Statement Of The Actions, If Any, The Agency May Take To Remove Or Overcome Any Barriers To Competition Before Making Subsequent Acquisitions For The Supplies Or Services Required:

n/a

13. Requirements Certification:

I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Edward Hines Jr. VAH

14. Approvals In Accordance With The VHAPM Part 806.3 OFOC SOP:

Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Thomas H. Chesak Contracting Officer NCO-12

One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Daniel Rasmussen Equipment Team Branch Chief NCO-12

Lee A. Reed 189282

Digitally signed by Lee A. Reed 189282 Date: 2019.02.27 10:10:57 -06'00'

Thomas H Chesak 676576

Digitally signed by Thomas H Chesak 676576 Date: 2019.02.27 10:33:15 -06'00'

Daniel R.

Rasmussen 457897

Digitally signed by Daniel R.

Rasmussen 457897 Date: 2019.03.08 08:59:19 -06'00'