JOFOC_signed.pdf

As prescribed by FAR 6.3 3/2018

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(JOFOC)

FAR SUBPART 6.3

I recommend the use of other than full and open competition for the acquisition of the following supplies or services. If this acquisition is to be made with only one source or a limited number of sources, negotiations will be conducted with the indicated proposed supplier(s).

1. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

Internal Revenue Service, Business Operations, Operations Branch, Western

2. NATURE/DESCRIPTION OF THE ACTION BEING APPROVED:

The objective of this solicitation is to establish a new, firm fixed price, contract to replace the existing contract 2091JB-18-C-00041, for Installation and Removal of Criminal Investigation’s (CI) radio and communications equipment program.

Contract will use FY19 funds.

3. DESCRIPTION OF SUPPLIES OR SERVICES

The Internal Revenue Service, Criminal Investigation, needs to purchase serves for installation, removal, and programming of all IRS-CI radio equipment; including mobile radios, base stations, repeaters and related peripheral equipment within the IRS-Criminal Investigation’s Secure Two-Way Motorola Radio System throughout the United States including Guam and Puerto Rico.

Period of Performance is 09/30/2019 thru 09/29/2020.

4. REQUISITION NO.

5000060856

5. NAME(S) OF PROPOSED SOURCE(S)

Motorola Solutions, Inc 809 Pinnacle Drive Suite G Linthicum Heights, MD 21090

6. COST ESTIMATE

$ 724,246.53

CERTIFICATION OF TECHNICAL OR REQUIREMENTS PERSONNEL

I hereby certify that any supporting information and data provided, which form the basis for this justification, are accurate and complete to the best of my knowledge and belief.

7. PROGRAM OFFICE

(Requiring Activity) (Name & Title) Judy L. Forcier Budget Analyst

(Signature)

(Phone No.)

615-250-5302

(Date)

09/18/2019

SMALL BUSINESS CERTIFICATION

I have reviewed this justification, including any attached documentation, if applicable, and concur / do not concur with the findings.

8. SMALL BUSINESS

SPECIALIST

(Name and Title) Denise Alvarez Western Section Chief - Procurement

510-907-5084

(Date)

09/18/2019

PROCUREMENT OFFICE CERTIFICATION

> This requirement [ ] will, [ X ] will not, provide for a bridge contract

I certify that this submission is accurate and complete to the best of my knowledge and belief. This certification will serve as approval, unless action exceeds $700K.

9. CONTRACTING OFFICER

(Name)

Joseph Laughlin

510-907-5094

09/18/2019

Before requesting this procurement, state one statutory authority for this procurement to be conducted under “other than full and open competition” procedures. Provide narrative justification associated with the respective state authority in block number 17.

THE COMPETITION IN CONTRACTING ACT OF 1984 (P.L. 98-369)

(place “X” in appropriate box)

10.

X

41 U.S.C. 3304(a)(1), FAR 6.302-1– Only one responsible source; or brand name specification

11.

41 U.S.C. 3304(a)(2), FAR 6.302-2 – Unusual and compelling urgency

12.

41 U.S.C. 3304(a)(3), FAR 6.302-3 – Industrial mobilization, engineering, developmental, or research capability; or expert services

13.

41 U.S.C. 3304(a)(4), FAR 6.302-4 – International agreement

14.

41 U.S.C. 3304(a)(5), FAR 6.302-5 – Authorized or required by statute

15.

41 U.S.C. 3304(a)(6), FAR 6.302-6 – National Security

16.

41 U.S.C. 3304(a)(7), FAR 6.302-7 – Public Interest

17. JUSTIFICATION (ADD PAGES IF NEEDED)

A. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR

THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED.

In order to accomplish the mission, the IRS-CI operates a nationwide two-way secure radio communications system. All CI radio equipment is made by Motorola. Motorola has a nationwide network of authorized service shops and trained employees. These shops are equipped with specialized tools and computer software required to properly install, remove, and program CI radio equipment. Only Motorola trained technicians with specialized tools and software can perform the maintenance work on these encryption modules. All IRS-CI radios contain proprietary firmware/software held by Motorola. Only certified Motorola service shops can perform maintenance and repair utilizing Motorola Radio Service Software (RSS).

B. DESCRIBE THE EFFORTS TAKEN TO ENSURE OFFERS WERE SOLICITED FROM AS MANY

POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLISHED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER 5.202 APPLIES.

The proposed contract utilizes proprietary firmware/software. A notice with the JOFOC will be published on www.fbo.gov.

C. DETERMINATION THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR

AND REASONABLE.

The Contracting Officer will ensure a fair and reasonable price for the Government.

D. DESCRIBE THE MARKET RESEARCH THAT WAS CONDUCTED AND THE RESULTS OF

THAT SURVEY. IF ACTIONS WERE TAKEN BY PROCUREMENT PERSONNEL TO SATISFY

THIS REQUIREMENT SUCH AS A GPE SOURCES SOUGHT SYNOPSIS, PLEASE SPECIFY.

The proposed contract involves the use of proprietary firmware and software. Market Research of the two way radio industry has confirmed that no other contractor can provide the required services.

E. DESCRIBE ANY OTHER FACTS TO SUPPORT THE JOFOC.

Not Applicable

F. LIST SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE

ACQUISITION.

No sources have expressed, in writing, an interest in this acquisition.

G. LIST THE ACTIONS THE BUREAU WILL TAKE TO REMOVE OR OVERCOME ANY BARRIERS

TO PROMOTE THE COMPETITION ON ANY SUBSEQUENT ACQUISITIONS FOR SIMILAR

SUPPLIES OR SERVICES.

In addition to surveying other federal law enforcement agencies to identify similar services provided by other vendors, the IRS will continue to seek out potential vendors who can provide the required services.

H. STATEMENT THAT REQUIREMENT DOES NOT RESULT FROM A LACK OF PLANNING OR

THE EXPIRATION OF FUNDS.

This requirement does not result from a lack of planning or expiration of funds

ADDITIONAL APPROVALS

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18. BUREAU CHIEF

INFORMATION

OFFICER (for IT only) (Name & Title)

(Note: The Bureau CIO may delegate their authority for proposed contracts over $5 million, but not exceeding $13.5 million to the Associate Bureau CIO(s).)

[ ] APPROVE

[ ] DISAPPROVE

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19. BUREAU COMPETITION

ADVOCATE (Name & Title)

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20. HEAD OF THE

PROCURING ACTIVITY

OR AUTHORIZED

DESIGNEE (Name &

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21. TREASURY CHIEF

INFORMATION

OFFICER (for IT only) (Name & Title)

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22. SENIOR

PROCUREMENT

EXECUTIVE (Name &

NOTE: Each review must be preceded by lower level approval(s). e.g., over $68 million all approvals are required. IN NO CASE WILL AN INDIVIDUAL SIGN MORE THAN ONE APPROVAL LEVEL.