70Z04423DCMPL0001 - Justification and Approval_Redacted.pdf

(e) Type of funding: Operations and Sustainment funds

(f) Year of funding: Fiscal Year 2023

(g) Solicitation number: TBD

(h) Background information about the requirement:

L3HARRIS currently provides sustainment support for C4ISR systems/equipment, which includes necessary maintenance, engineering tasks, and related training activities to sustain these assets to ensure maximized system availability. The contractor owns the proprietary rights to these systems/equipment.

3. Description of Supplies/Services.

This requirement is to provide sustainment support services for the following C4ISR systems/equipment installed on NSC’s, FRC’s, Offshore Patrol Cutters (OPC’s), District Seven Command Centers (Integrated Voice Communications Systems (IVCS) and Keyset Integrated Terminals (KITE) only, Training Center (TRACEN) Petaluma, C3CEN Radio Frequency (RF) Communications (COMM) Laboratory, and the Integration and Test Facility (LITF) in Camden, NJ:

L3HARRIS MarCom® IVCS

L3HARRIS KITE Integrated Terminal L3HARRIS Radio Base Band Switch (BBS)

L3HARRIS SYMPHONY® radio control program and infrastructure L3HARRIS SYMPHONY® Next Generation radio control program and infrastructure L3HARRIS Henschel Alarm and Announcing System

These services required on these assets include: sustainment support, logistical support, Information Assurance (IA) support, and modifications to the SYMPHONY® and MarCom® networks. L3HARRIS is the only contractor that can provide this type of support due to these proprietary systems/equipment.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition. The statutory authority permitting other than full and open competition is 10 U.S.C. § 2304(c)(1) implemented by FAR subpart 6.302-1, titled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Identification of Exception to the Buy American Act. Not Applicable.

6. Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Require Use of the Authority Cited.

This acquisition requires use of the authority cited as no other contractors can provide the support services necessary for the proprietary components and the L3HARRIS software and technology. The sustainment support services required from L3HARRIS includes troubleshooting of L3HARRIS proprietary parts in the NSC and FRC communications suite, , depot level onsite technical support where required to assist local assets, repair of L3HARRIS proprietary components related to the NSC Communications Suite, and providing assistance in modifying the proprietary pieces of the Communications Suite architecture to accommodate the installation of new Government Furnished Equipment (GFE). Due to L3HARRIS’ rights for design and installation of these assets, this work cannot be segregated to allow for competition. Organic resources were considered as an alternative to complete this work;

however, the USCG does not have the specialized knowledge to maintain this equipment.

Execution of this J&A is necessary in order to avoid potential failure of equipment/systems on several USCG assets. In addition, it would be extremely difficult to meet communication performance standards and would have an adverse operational readiness impact on deployed USCG Cutters.

7. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

Acquisition Planning Forecast System (APFS) record F2022057191 for this requirement was published on the DHS APFS website on 02/07/2022. No responses have been received since this record was published. The Contracting Officer requested and received a letter from L3HARRIS on 02/09/2022 stating that no other contractor can perform the necessary services required due to L3HARRIS’ proprietary technical data, software, and intellectual property. A notice will be publicized to the Government Point of Entry system (GPE) as required by FAR subpart 5.2. In accordance with FAR 6.305(a), the justification will be publically available within 14 days after contract award on the GPE.

8. Determination by the Contracting Officer that the Anticipated Cost to the

Government will be Fair and Reasonable.

The Contracting Officer will determine the anticipated prices fair and reasonable based on comparison with historical prices paid by the Government and comparison with the Independent Government Cost Estimate (IGCE). The Contracting Officer will request certified cost and pricing data in accordance with FAR 15.403-4 to ensure that all prices are deemed fair and reasonable.

9. Description of Market Research.

Acquisition Planning Forecast System (APFS) record F2022057191 for this requirement was published on the DHS APFS website on 02/07/2022. The Contracting Officer requested