JOFOC_for_UrgentLink_Services.pdf

U.S. Department of Homeland Security Federal Emergency Management Agency Acquisition Management Division

Justification for Other Than Full and Open Competition

PART I

1. Agency:

FEMA Response Directorate Disaster Emergency Communications Division COR: Welton N. Spratley

2. Nature and/or description of the action being approved:

Approval is requested for a sole source award for an UrgentLink network to be implemented at multiple FEMA regions and Mobile Emergency Response (MERS) detachments in response to major disasters. These services are being acquired from the following contractor:

ARINC Inc.

2551 Riva Rd.

Building 905 Annapolis, MD 21401

3. Description of the supplies or services required to meet the agency’s need:

This requirement is to provide a non-traditional High Frequency (HF), closed loop network that uses Federal Communications Commission (FCC) licensed radio frequencies specially authorized for disasters. UrgentLink is a national disaster communications network for public safety that is aimed at allowing first responders, public health, public safety and critical industry officials to communicate with each other when traditional networks are damaged or destroyed.

FEMA Administrators in the past have always mandated that FEMA must have the ability to communicate with top leadership officials in the field even when all parts of the communication infrastructure have been deemed inoperable due to extensive damage that will take weeks if not months to repair and bring back online. To meet this mandate, FEMA requires a communications HF network that not only rely on the HF for communications, but can provide “on-demand” turn-key capabilities with a quick turn-around time to provide critical communications without the need for a communications HF experts on site. UrgentLink HF radios provide one-touch voice and data connectivity to first responders, hospitals, and other critical infrastructure users in the disaster zone, as well as others outside the affected area with access to landline, cell, terrestrial or other communications services.

In addition, UrgentLink does not rely on electric power in the affected area, which often makes traditional communication vulnerable during a disaster. By activating this contract with Collins Aerospace, FEMA will have the ability to continue to provide critical communications even when the traditional lines of communications are off-line which will provide the anticipated additional HF frequencies needed to serve the Emergency Responders and survivors in the areas most affected by a major disaster.

4. Estimated value of the acquisition:

The total value of this requirement will not exceed $2,952,420, which should provide coverage for approximately 2 years with a breakdown of:

Base: $1,476,210.00 Option Year 1: $1,476,210.00

5. Authority for acquiring the supplies or services on other than a full and open competitive basis: (Check applicable exception and provide a justification to include a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited below the selection.)

[X] Authority is FAR 6.302-1, only one responsible source and no other supplies or services will satisfy agency requirements.

[ ] Authority is FAR 6.302-2, unusual and compelling urgency.

[ ] Authority is FAR 6.302-5, authorized or required by statute. (Check one.)

□ Qualified Nonprofit Agencies for the Blind or other Severely Disabled— 41 USC 46-48c.

□ Government Printing and Binding—44 USC 501.

□ Sole source award under the 8(a) Program—15 USC 637.

□ Sole source award under the HUBZone Act of 1997—15 USC 657a

□ Sole source award under the Veterans Benefit Act of 2003—15 USC 657f [ ] Authority is FAR 8.4, brand name specifications or less than three sources are being considered under Federal Supply Schedule.

Justification:

Sole source justification needed as there is only one company that offers a privatized HF network. This network was tested during response to Hurricane Maria and improved communications reliability across the HF network. The request will support the six (6) MERS Detachments home locations and the forward operating base located in Puerto Rico.

Without this critical capability, response and recovery support for the community impacted by a major disaster could be delayed due to a lack of Ham operators at the region where the disaster has occurred, furthering risking the health and safety of both emergency responders and citizens.

Communication between FEMA, state and local officials responding to the disaster would be difficult, and response efforts would be less effective, and further delayed.

6. Additional supporting facts for the acquisition:

a. If only one source is the basis for the J&A, explain why technical data packages, statements of work or purchase descriptions suitable to maximize competition to the maximum extent practicable have not been developed or are not available.

The DEC Division has indicated that the requirement is assembled from multiple commercial items, so information is available. However, this system is used for disaster response, including man-made events. Therefore, information should be limited so those without a need to know do not have access. Also, the market research did not reveal any comparable services currently available in industry.

This assertion will be further tested when this J&A is posted on FedbizOpps. If FEMA determines that these services are, in fact, unique and are only available from Collins Aerospace, that market research may become the basis for a longer-term contract for such services in the future.

b. If the proposed acquisition is a follow-on acquisition, an estimate of the cost to the government that would be duplicated by awarding to a different contractor and how that estimate was derived.

N/A.

c. If the new work is a logical follow-on to an original Federal Supply Schedule order was the original order placed in accordance with the applicable Federal Supply Schedule ordering procedures?

N/A.

d. If the basis of a sole source is unusual and compelling urgency, furnish data, estimated cost or other rationale as to the extent of harm to the government if competition were obtained.

N/A

7. Actions taken to removal of barriers to competition:

If other companies in the industry choose to develop a similar network, the DECD program office will compare/contrast technical and fiscal offerings to produce the market research. DECD program office will continue to look for alternatives. The program will consider needs at that time and will continue to reach out with industry and determine available sources.

Also, in accordance with FAR 6.305(b), the Contracting Officer will post this J&A on Fedbizopp along with a Request for Information (RFI) to determine if other sources exist for these services.

If so, FEMA will compete a follow-on requirement for these services with the capability to support future disasters with a longer-term contract containing Option Years. The Contracting Officer will coordinate that effort with the FEMA Competition Advocate to ensure that competition is maximized, to the extent possible.

I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Welton N. Spratley__________________ 20 August 2019__________ Technical Representative Date

PART II

1. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable and listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

The CO will post the notification to sole source this action on FedbizOpps and allow for other vendors to provide comments and address any questions that are raised. A notice for identical services on a smaller dollar amount was posted to FedbizzOpps in September 2018.

No information or inquiries were received.

2. Market Research. □ Additional or X no additional market research was conducted to determine potential sources because/or the results were:

Market research was conducted by surveying FEMA’s existing contractors that currently provide satellite services to determine if any of them are capable of providing this particular service. As stated in Part I, none of those contractors indicated that they have this capability.

3. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

I have determined that the anticipated price(s) will be fair and reasonable based on rates for other types of satellite services currently being paid to others FEMA contractors.

Based on the estimated acquisition value identified above, I concur with and approve the above justification:

Contracting Officer’s Signature Date (Greater than $100,000.00)

Competition Advocate’s Signature Date (Greater than $750,000.00)

9/11/2019