P03 800 MHz Radio Agreement Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C260-24-AP-2652

JOFOC: FY24 - NCO 20 - 1977

1. Contracting Activity:

Department of Veterans Affairs, Network Contracting Office 20 (NCO 20), Portland/Vancouver VA Medical Center, 648-24-3-5106-0025

2. Nature and/or Description of the Action Being Processed:

This is a sole source justification for procurement to provide access and licensing for the Portland and Vancouver Department of Veterans Affairs Medical Center Police Departments, emergency, and public safety radios on the City of Portland’s CityNet, 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.

The action will be awarded as a new contract. Firm-fixed-price contract is contemplated. Estimated award date is prior to 6/30/2024.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

This is an ongoing requirement with the city of Portland to provide access to the 800 MHz P25 emergency radio system as well as provide all labor, materials, tools, and equipment necessary for 101 active radios as described in the spreadsheet “P01 VA Active Radios from City of Portland” in the File Briefcase. The Portland VA medical center owns 101 800 MHz P25 emergency radios and requires radio licensing with the current 800 MHz provider to coordinate local, state, and federal agencies in the event of a disaster or emergency. This band is also used primarily by the VA police in the normal performance of their job, and in the mobile units (automobiles). The FCC has set aside the SMR 800 MHz band for these emergency communications. All devices are required to be licensed to transmit by federal law. In the event that VA removes or adds radios to the inventory, the Contracting Officer will issue a contract modification to adjust the inventory.

Effective Date: 02/01/2022 Page 2 of 4

Period of Performance:

Base year: 7/1/2024 -6/30/2025 Option year one (1): 7/1/2025 – 6/30/2026 Option year two (2): 7/1/2026 – 6/30/2027 Option year three (3): 7/1/2027 – 6/30/2028 Option year four (4): 7/1/2028 – 6/30/2029

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Only One Responsible Source

The City of Portland coordinates this service for this area in the State of Oregon (Washington, Multnomah, Clackamas, Marion) and Clark County, Washington. They are the only regional provider of the emergency communications network in Portland, OR and participate in the Federal Statewide Communication Interoperability Plans (SCIP). The City of Portland owns and operates the proprietary public safety system for Portland/Multnomah County and surrounding counties. Service and subscriber radios must be processed through their operation in order to access the public safety system and have access to other emergency service providers. The DHS Federal Emergency Management Agency (FEMA) has established Regional Emergency Communications Coordination (RECC) working groups in each of the 10 FEMA regions. The City of Portland owns 14 transmitter sites, and 12 repeater sites for this band to support Region 35 of the emergency public safety radio band.

In 1987, the Federal Communications Commission set aside six megahertz of spectrum in the 800 MHz band for exclusive use by local, regional and state public safety agencies under guidelines developed by the National Public Safety Planning Advisory Committee (NPSPAC). The 800 MHz NPSPAC spectrum is administered on a regional basis by 55 regional public safety planning committees As part of the National Emergency Communication Plan (NECP), this provider is the only one available for the 800 MHz SMR band in the municipality. There are 75 urban and metropolitan areas, only one city lies within the area of the Portland/Vancouver VA Medical Center.

Effective Date: 02/01/2022 Page 3 of 4

Accordingly, since this is a follow on contract, the City of Portland is the only entity capable of providing this service to the Veterans Administration.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Public safety radio systems (such as those used by police, firefighters and emergency medical technicians) operate in several portions of the 800 MHz band, which consists of the 46 spectrum at 806-824 MHz paired with spectrum at 851-869 MHz. A review of FEMA guidelines and FCC license holders was researched. It was determined that the City of Portland owns the license and access to this system in the required coverage area. The program is administered by the City of Portland Water Bureau.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

Pricing is found fair and reasonable in accordance with FAR 13.106-3(a)(2)(ii) comparison of prices found reasonable on previous purchase.

The current inflation for year 2024 is 3.27%; therefore, the pricing is most advantageous to what the Government would expect to pay for such services and is still considered fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted:

No other market research was completed since there is no other RF tower within proximity that would cover the required area of useage to transmit the 800 MHz signal for government use.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

A review of FEMA guidelines and FCC license holders was researched. It was determined that the City of Portland owns the license and access to this system in the required coverage area. The program is administered by the City of Portland Water Bureau.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

City of Portland, SAM UEI TLSBKZ89KYK8