A.02.03 JA TCC ELMR Sole Source_Comp Adv Hipe Signed 23 AUG 2022 (Redacted).pdf

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Control Number:

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(Source Selection Information - See FAR 2.101 and 3.104-4)

2 AUG 2022

Justification Review Document For Sole Source - FAR Part 13*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13 procedures)

Program/Equipment: Nonpersonal services to provide management, materials (parts), labor, tools, transportation and equipment necessary to provide required Enterprise Land Mobile Radio (ELMR) maintenance and repair services for United States (U.S.)

Army installations within the European Theater.

Authority: Simplified Procedures for Certain Commercial Products and Commercial Services, 41 U.S.C. 1901 as implemented in FAR subpart 13, sole source under the authority of the simplified procedures for certain commercial items

Amount: $873,644.00

Prepared by:

Typed Name: Qwanda N. Grinter DSN: 314-542-6842

Title: Contract Specialist Date Reviewed: 10 August 2022

E-mail: qwanda.n.grinter.civ@army.mil

Contracting Officer:

Typed Name: Daniel J. Ellis DSN: 314-542-6849

Date Reviewed: 23 August 2022 E-Mail: daniel.j.ellis3.civ@army.mil

Technical/Requirements Representative:

Typed Name: Eric J. Haagenson DSN: 314-525-3522

Title: ELMR COR Date Reviewed: 23 August 2022

E-mail: eric.j.haagenson.civ@army.mil mailto:qwanda.n.grinter.civ@army.mil mailto:daniel.j.ellis3.civ@army.mil mailto:eric.j.haagenson.civ@army.mil

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3 AUG 2022

MORITZ.GREGORY.A

LLEN.1017115576

Digitally signed by MORITZ.GREGORY.ALLEN.1017115576 Date: 2022.08.23 14:35:36 +02'00'

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: Gregory A. Moritz DSN: 314-542-6844

Signature: Date:

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4 AUG 2022

Sole Source Justification and Approval Under FAR 13

1. Contracting Activity: 409th Contracting Support Brigade (CSB), Theater Contracting Center, Installation Services Division

2. Description of Action: Follow-on action to W564KV19P0170 with Motorola Solutions, Inc. (Motorola Solutions). Contract W56KV19P0170 was competed with limited sources (Motorola Certified Companies) for the purpose of providing maintenance services on Motorola brand name Land Mobile Radio (LMR). The previous three competitive contract actions resulted in Motorola Solutions providing the only acceptable response. U.S. Army Network Enterprise Technology Command (NETCOM), 2D Theater Signal Brigade requests a new firm fixed price contract to be sole sourced to Motorola Solutions for LMR services. The Government projected award date is for September 2022 and fiscal year 2022, Operations and Maintenance Army funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: Services being provided are maintenance and repair of Government owned LMR equipment for the Army throughout Europe. The LMR equipment are commercial products manufactured by Motorola. Services also include information assurance and cyber requirements. These services encompass support to the Directorates of Emergency Services (DES), Fire Protection Services (FPS) and other Installation Management Command – Europe (IMCOM-E) Directorates; 9th Military Police (MP) Detachment and Protective Services Detachments (PSD) for Headquarters U.S. Army Europe and Africa (USAREUR-AF); U.S European Command (EUCOM); U.S. Africa Command (AFRICOM); North Atlantic Treaty Organization (NATO) Brussels and Supreme Allied Commander Europe (SACEUR). Services for LMR Equipment are for U.S. Army Installations in Germany, Italy, Belgium, Bulgaria, Romania, Poland, and Netherlands.

The LMR system provides mission-critical, one-to-many voice communications to U.S.

Army garrison Directorate of Emergency Services (DES) personnel in support of the Public Safety First Emergency Response mission. NETCOM’s LMR maintenance funding provides preventative and corrective maintenance to infrastructure, radio dispatch consoles, and subscriber radio units.

Period of Performance:

Base Period: 28 September 2022 to 14 June 2023 or Value: $873,644.00 Total Value: $873,644.00

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5 AUG 2022

The Government limited the period of performance to eight and a half months (28 September 2022 to 14 June 2023) to align with the Air Force and Army attempts to enter into a new Memorandum of Agreement (MOA) for assignment of LMR functions and funding across the two organizations. The current schedule for the MOA agreement is no later than calendar year 2022. In addition, the Air Force is moving all LMR functions and contracts into a single global strategic contract vehicle. Army interoperability using their existing approach may no longer work if the Air Force awards the global contract to a new contractor and installs new systems throughout their area of responsibility.

Over the next eight and a half months, the Army will track the assignment of functions covered under the future MOA as those tasks will dictate the requirements to be contracted for the future (basic repair, cyber capabilities, system upgrades, etc.). Due to the technical complexity and nature of the work covered under system upgrades (developmental, research and development, construction, and information technology development), the 409th CSB may not be the best suited contracting office to support this specific effort. Army may determine a Program Office Contracting Activity may be more appropriate as the Army oversees the system upgrades should the Army and Air Force not come to an agreement of support. This could also result in the maintenance services being executed by another Contracting Activity if it is determined that the system upgrades and the maintenance services should be executed on the same contract. V

4. Authority Cited: Simplified Procedures for Certain Commercial Products and Commercial Services, 41 U.S.C. 1901 as implemented in FAR 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: The U.S. Army utilizes LMR for first responder fire and emergency communications across Europe. Because the LMR system provides critical emergency response communications, it must be available and fully functional at all times. Any degradation to, or failure of, LMR capabilities introduces significant risk to national defense and human safety. To ensure that LMR systems operate at the highest possible reliability, the Army must acquire Operation and Maintenance (O&M) support and services for its existing installed Government owned Motorola communication equipment.

The Army utilizes Motorola manufactured systems and equipment for its LMR network.

According to the Department of Defense LMR policy dated 1 August 2001, new LMR radios or services procured shall comply with the Association of Public-Safety Communications Officials (APCO) Project 25 standard. Project 25 (P25 or APCO-25) is a suite of standards for digital radio communications for use by federal, state, and local public safety agencies to enable them to communicate with other agencies and mutual aid response teams in emergencies. The P25 standards mandate the interfaces between systems. Senate Appropriations Committee for the Department of Defense in

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6 AUG 2022

2016, report 114-63, recommended that USAREUR adopt a single enterprise radio infrastructure by entering into a joint agreement with the U.S Air Forces Europe (USAFE). USAREUR followed this recommendation through a MOA with USAFE, and agreed to utilize the P25 standard.

To ensure LMR equipment is fully functional and operates at the highest possible reliability, it is vital that the vendor providing the services be capable of:

a. Performing services at an extremely high level of quality. Services performed by personnel who are not properly trained to execute maintenance and repair tasks on the Motorola commercial products introduces unacceptably high risk to the integrity of LMR systems. It is critical that services be performed by a vendor with personnel certified and authorized to work on Motorola equipment. Such certification and authorization is necessary to ensure services are performed by qualified personnel who have been properly trained and have access to necessary data (e.g., repair manuals, service bulletins, procedure updates, and / or similar documentation) to successfully maintain and repair LMR equipment. The Army does not possess certification, authorization, or access to necessary data to perform these services and must contract with a vendor that does.

b. Obtaining original equipment manufacturers (OEM) repair and replacement parts. The use of parts or tools developed by other manufacturers to service the existing LMR equipment introduces significant and unacceptable risk. OEM parts and tooling are designed and built to the OEM specifications and standards, and are based on proprietary designs. It is not possible to ensure that parts manufactured by other equipment manufacturers are completely compatible with existing equipment and will function at the highest level of capability and readiness.

Motorola Solutions is the only OCONUS vendor certified and authorized to maintain and repair Motorola manufactured equipment utilizing the P25 standard. Motorola Solutions has not authorized nor certified any company to perform maintenance on any OCONUS P25 LMR system. Further, only Motorola Solutions can provide OEM repair and replacement parts.

Motorola Solutions is the only company qualified and certified to perform repairs and maintenance of the USAREUR network; there are no Motorola authorized U.S. Federal Government Service partners for P25 networks located in Europe. Motorola Solutions is the only vendor authorized to repair P25 Motorola encrypted (Digital Encryption Standard (DES) Digital Voice Protection (DVP), DES- Output Feedback (OFB), and Advanced Encryption Standard (AES) equipment.

Only Motorola Solutions has an active Underwriters Laboratories (UL) certification to repair and certify Motorola intrinsically safe radios. Such certification is necessary to ensure safety and reliability. Motorola Solutions currently has an UL certified depot facility located in Idstein, Germany. Further, the Motorola Solutions depot use only OEM

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7 AUG 2022

replacement parts and has pressure and vacuum test equipment to verify the seals of ruggedized Intrinsically Safe rated radios. The Motorola Solutions Federal Depot in Germany is the only depot in EMEA (Europe, Middle East and Asia) certified to make repairs and recertify Motorola APX™ Products to be intrinsically safe.

In addition to hardware, the LMR system utilizes firmware and software that must be maintained at the highest state of operational effectiveness and readiness.

Consequently, the Army requires information assurance and cyber requirements.

Information assurance constitute measures that protect and defend information and information systems by ensuring their availability, integrity, authentication, confidentiality, and non-repudiation. The cyber requirement is to implement the Risk Management Framework (RMF) procedures and controls outlined in Army Regulation 25-2 to authorize and maintain the LMR Authority to Operate (ATO). Specific cyber requirements are software updates and patches, prepare and deliver cyber security artifacts, perform cyber security scans and address any identified vulnerabilities. Cyber requirements are for the outcome of maintaining the ATO. Motorola as the only source who can perform maintenance and operate the network is also the only source for cyber security functions and implementation of the RMF on to that system.

The Motorola firmware and software operating within the LMR system is unique to Motorola as the OEM. This firmware and software is proprietary to Motorola and Motorola has not licensed other vendors to manufacture information assurance products or otherwise provide such products or services to the Army. Consequently, Motorola Services is the only source to obtain the ATO and information assurance capable of protecting and defending the LMR system.

Information assurance and the cyber requirements are vital to ensuring the integrity of the LMR. These services will address, fix, and prevent bugs, programming errors, security vulnerabilities, and other issues adversely affecting performance. In the absence of these services, the effectiveness of the system will degrade and will unacceptably increase the risk of poor operational performance, crashes, errors, and risk compromise by malicious actors such as sophisticated hackers and nation state adversaries.

The Army has multiple locations across Europe requiring utilization of their LMR systems. These systems comprise of radio transmission towers, network servers, dispatch centers, and end user devices. In the event maintenance and repair services for the LMR equipment cannot be obtained, the Army will be forced to replace the existing LMR communication system. Having to replace the Motorola LMR communication system and devices so that another vendor could perform the operations and maintenance services would result in a substantial duplication of cost to the Government, estimated at over $50M. Competition of this requirement is not expected to result in any significant cost savings that would offset this duplication in cost.

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8 AUG 2022

Efforts to Obtain Competition: The 2nd Signal Brigade contacted other Government sources to identify other vendors capable of operating and maintaining the Army’s LMR network. The Government sources confirmed that there are no other vendor’s capable of performing the required services OCONUS. The Contracting Officer has published a sources sought on January 27, 2022, in order to elicit any additional potential market participants. No response from industry with supporting evidence of capability or willingness to perform this requirement was received other than from Motorola Solutions.

c. Effective competition. Not applicable.

d. Subcontracting competition. Not Applicable.

6. Actions to Increase Competition: Not Applicable. The Government has attempted to procure these services since 2016 using full and open competitive procedures but has never been successful in encouraging or achieving competition. The previous three competitions resulted in only one acceptable offer capable of performing, those offers were Motorola Solutions. The current requirement that is the subject of this justification had a customer market research attempt, contracting supported sources sought on the government wide point of entry, and a pre-solicitation notice all with previous versions of this justification attached to the posting. The Government was unable in any of the scenarios to attract another contractor capable of performing the services; no industrial participant denied or provided information questioning/refuting the sole source basis.

7. Market Research: Market research was performed by the Government.

An intent to sole source was attached to a synopsis issued on SAM.gov. It resulted in only one responsible source (Motorola Solutions). The Government believes a sole source justification exists to award to Motorola Solutions based upon the responses to the market research confirming that Motorola Solutions is the only vendor capable of performing this requirement.

8. Interested Sources: Motorola Solutions, Inc.

9. Other Facts: Procurement history.

Contract number: W564KV-19-P-0170 Awarded Contractor: Motorola Solutions, Inc.

Description of requirement: LMR Maintenance & Repair Services Army Theater Wide Method of procurement: RFP Contract Type: FFP Period of Performance: 30 September 2019 – 31 March 2022 (1 April 2022 - 27 September 2022 52.217-8 Period) Total awarded amount: $2,636,504.00

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9 AUG 2022

HAAGENSON.ERIC.JOHN.12717 Digitally signed by

13742

HAAGENSON.ERIC.JOHN.1271713742

Date: 2022.08.23 12:29:54 +02'00'

ELLIS.DANIEL.JOSEPH.1006 Digitally signed by

713145

ELLIS.DANIEL.JOSEPH.1006713145

Date: 2022.08.23 12:44:02 +02'00'

Number of option periods: 2 Number of Offerors: 2 (only 1 technically acceptable offer) Competitive Status: Full and Open Competition w/ Brand name J&A Authority previously cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5 for Brand name only.

Contract number: W564KV-16-C-0118 Awarded Contractor: Motorola Solutions, Inc.

Description of requirement: LMR Maintenance & Repair Services Army Theater Wide Method of procurement: RFP Contract type: FFP Period of performance: 30 September 2016 – 29 September 2019 Total awarded amount: $3,090,340.00 Number of option periods: 2 Number of Offerors: 1 Competitive Status: Brand Name Only Authority previously cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5 for Brand name only.

10. Technical Certification/Requirement Certification:

I certify 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.

Signature: Date: 23 AUGUST 202

Typed Name: Eric Haagenson Title: ELMR COR

11. Fair and Reasonable Price Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. The actual price fair and reasonableness determination will be made using price analysis in accordance with FAR 13.106-3(a). As a part of this basis, certified cost or pricing data is not required because the item and/or service being acquired are considered commercial.

Signature: Date: 23 AUGUST 202

Typed Name: Daniel J. Ellis Title: Contracting Officer

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10 AUG 2022

ELLIS.DANIEL.JOSEPH.10067 Digitally signed by

13145

ELLIS.DANIEL.JOSEPH.1006713145

Date: 2022.08.23 12:43:24 +02'00'

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: Date: 23 AUGUST 2022

Typed Name: Daniel J. Ellis Title: Contracting Officer

Approval

Based on the foregoing justification, I hereby approve the procurement of nonpersonal services to provide management, materials (parts), labor, tools, transportation and equipment necessary to provide required Enterprise Land Mobile Radio (ELMR) maintenance and repair services for the U.S. Army installations within the European Theater in the total dollar value of $873,644.00 on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1903 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein have otherwise been authorized for acquisition.

HIPE.EILEEN.M.1231 Digitally signed by

HIPE.EILEEN.M.1231813051

Signature: 813051 Date: 2022.08.23 15:39:44 +02'00' Date:

Typed Name: Eileen M. Hipe Title: Command Advocate for Competition