36C26321P0990_1.docx

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7G22--SPECIAL Police APX Next Radio (VA-21-00063274)
Solicitation number
36C26321Q0913
Issued by

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This document contains a justification for other than full and open competition (JOFOC) for a Department of Veterans Affairs contract award. The contract was awarded to New Tech Solutions, Inc. on September 28, 2021 for $562,638.14 to acquire single band and all band APX Next portable radios, repeaters, keyloaders, accessories, and optional training. The radios are required as direct replacements for compatible equipment currently in use. The justification cites 41 USC 3304(a)(1) and FAR 6.302-1 as the authority for other than full and open competition as Motorola owns the patents and teams with small business partners for distribution, making them the only responsible source able to meet the agency's needs. The contracting office determined the anticipated costs to be fair and reasonable.

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VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

SUBJECT*
SPECIAL Police APX Next Radio (VA-21-00063274)

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE*
52241
SOLICITATION NUMBER*
36C26321Q0913

BASE NOTICE TYPE

ARCHIVE
15 DAYS AFTER THE RESPONSE DATE
RECOVERY ACT FUNDS
N
PRODUCT SERVICE CODE*
7G22
NAICS CODE*
334220

SET-ASIDE

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

1303 5th St, Suite 300 Coralville IA 52241

POINT OF CONTACT*

AWARD INFORMATION

AWARD NUMBER*
36C26321P0990
AWARD AMOUNT*
$562,638.14

LINE ITEM NUMBER

AWARD DATE (MM-DD-YYYY)*
09-28-2021
AWARDEE NAME*
NEW TECH SOLUTIONS, INC.
CONTRACTOR’S DUNS NUMBER
020149303

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

AWARDEE ADDRESS LINE 3*
4179 BUSINESS CENTER DR

AWARDEE ADDRESS LINE 4*

AWARDEE CITY
FREMONT
AWARDEE STATE
CA
AWARDEE ZIP CODE
94538

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Award Notice Award Notice

DESCRIPTION

*= Required Field Award Notice Award Notice

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263-21-AP-3091

1. Contracting Activity: Department of Veterans Affairs, VISN 23, Sioux Falls Medical Center, network 23 Contracting Office, Iowa City Supplies

438-21-3-5040-0026

2. Nature and/or Description of the Action Being Processed: SPECIAL EM APX Next and Police APX Next Radio Package $578,147.45.

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

One (1) UHF GTR 8000 Conventional Repeater with Duplexer One (1) KVL 5000 Keyloader Three (3) UHF Conventional APX Consolette

(45) Single Band UHF APX NEXT XE Portables Conventional, AES FIPS 140-2 Level 3 Encryption, and Multikey Smart Programming (1 Year) DMS Advanced (1 Year) Ten (10) Earpiece with Translucent Tube Ten (10) Remote Speaker Mic (RSM)

(22) Spare batteries Ten (10) Single-unit Chargers Six (6) Multi-unit Chargers

(20) All Band APX Next Portables P25 Phase 1 Trunking, AES FIPS 140-2 Level 3 Encryption, Multikey, and Mandown Smart Programming (1 Year) DMS Advanced (1 Year)

(20) Remote Speaker Mic (RSM)

(20) Spare batteries

(20) Single-unit chargers Optional APX Next Training at the Customer Site for up to 12 seats

4. 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 41 USC §3304(a)(1) as implemented by FAR 6.302-1;
( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;
( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability
or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;
( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4
( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;
( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;
( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): These are direct replacement items for others currently in stock and need to be fully compatible in fit form and function. Motorola owns the patents to these items and they team with small business partners to provide distribution.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This is a brand name only acquisition and there are hundreds of distributors of Motorola radios

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: These items are found on many IT related contracts, however we are utilizing the radio manufacturing NAICS code and not IT related NAICS. The pricing will be fair and reasonable based off the schedules of these related contracts.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: There are several authorized distributors of Motorola radios and products. They are found on the authorized distributor website for Motorola. There are 4 SDVOSBs as well.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There is not a Non Manufactirer Rule waiver in place and this JOFOC is necessary to acquire the radios via brand name acquisition.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Cyneryg, Lorimar LLC, Obera

11. 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: None

12. 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.

_____________________________________________________
Kelly Riedel9/27/2021

Emergency Management Specialist Sioux Falls

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. 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.

_____________________________________________________
Harry R. Grambo III09/27/2021

Branch Chief Network 23 Contracting Office

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

_____________________________________________________
Scott Petrin09/27/2021

Division Chief, Division 1 Network 23 Contracting Office

OFOC SOP Revision 11 Page 5 of 5 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

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