A.03.09. JA FAR Part 6 (SEP 2021).docx

DEPARTMENT OF THE ARMY

HEADQUARTERS, 2D THEATER SIGNAL BRIGADE

UNIT 29800 BOX 83

APO AE 09005-9800

CUI//SP-SSEL

Control No:

Motorola Solutions:

Enterprise Land Mobile Radio Program:Control Number:

DEPARTMENT OF THE ARMY

HEADQUARTERS, 2D THEATER SIGNAL BRIGADE

UNIT 29800 BOX 83

APO AE 09005-9800

Control No:

Motorola Solutions:

Enterprise Land Mobile Radio Program:CUI//SP-SSEL Control Number:

Note: Tailor all aspects of this template to the individual acquisition, and ensure any template areas providing sample language or instructions (red and/or italicized language) are deleted before submission.

A Justification Review Document (JRD) shall accompany every J&A. Following the guidance provided at AFARS 5153.303-4, the JRD should include the typed names, titles, telephone numbers, email addresses and signatures of the officials reviewing and approving the document, and as applicable include signature blocks for the Command Advocate for Competition, the SCO or the HCA.

If a paragraph prescribed in the format does not apply to the contract action, indicate “Not applicable” and explain why.

REMINDER: The appropriate Controlled Unclassified Information (CUI) markings should be annotated on each JRD and J&A page, to include the CUI Designation Box on the lower right corner of the first page of the document (not shown on this template).

This template is presented as a Source Selection document and is marked as such. NON Source Selection J&A’s should be marked ‘CUI//SP-PROCURE’.

JUSTIFICATION REVIEW DOCUMENT

FAR PART 6 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION

Justification Review Document for Other than Full and Open Competition - FAR Part 6

Program/Equipment: Awardee shall 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.Identify services or supplies to be procured.

Authority: FAR Part 6.302-1(c)(1) Authority: Identify the statutory authority permitting other than full and open competition followed by the specific FAR citation and its title. For example: "10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements".

Amount: $14,772,427.00 Amount: Total price/cost of the requirement to include options and/or 52.217-8, “Option to Extend Services”

Prepared by: Individual preparing the Justification and Approval Document

Typed Name: ___John Krokee __________________________ ___DSN: ___314-565-3525__________________

Title: __ Contracting Officer Representative ___________________________________ __Date: ___16 June 20_________________21 _

E-mail: John.l.krokee.civ@army.mil

Contracting Officer:

Typed Name: __ Daniel J. Ellis ____________________________ _ _DSN: _ __314-542-6849_ ________________ _

Date Reviewed: _______________ ___E-Mail: daniel.j.ellis3.civ@army.mil________________________________

Technical Representative:

Typed Name: __________________________________Qwanda N. Grinter___ __ DSN: ________________________314-542-6842_ _ _

Title: _________________________________________Contract Specialist_________ ___ Date: ______________________

Requirements Representative:

Typed Name: ________________________________DSN: _____________ _________

Title: ________________________________________Date Reviewed: _____________________

Reviews

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

Legal Counsel

Typed Name: ________________________________DSN: ______________________

Signature: _________________________________ Date: ______________________

Command Advocate for Competition

Senior Contracting Official - (Only applies if total dollar value over $15M)Not Applicable

Head of the Contracting Activity - Not Applicable (Only applies if total dollar value over $100M)

Justification and Approval for Other than Full and Open Competition – FAR Part 6

1. Contracting Activity: 409th Contracting Support Brigade (CSB)Specify the contracting activity responsible for this action.

2. Description of Action: This is a follow-on action to contract W564KV-19-P-0170 with Motorola Solutions, Inc. That contract was competed with limited sources that provide maintenance services on Motorola brand name Land Mobile Radio (LMR). U.S. Army Network Enterprise Technology Command (NETCOM), 2D Theater Signal Brigade requests a new firm fixed price contract to be competed with limited sources that provide Motorola LMR. The Government projects award for March 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).

State whether the approval is for a new contract or a modification. Include the type of contract, type of funds to be used (Military Construction; Research, Development, Test and Evaluation; Other Procurement, Army; or Operation and Maintenance, Army) and, when applicable, the estimated share and ceiling arrangements, and fee or profit.

3. Description of Supplies/Services: This contract will be for the maintenance and repair of Government owned LMR equipment for Army Europe wide. These services encompass the Directorates of Emergency Services (DES), Fire Protection Services (FPS) and other IMCOM-E Directorates, 9th Military Police (MP) Detachment and Protective Services Detachments (PSD) for Headquarters U.S. Army Europe (USAREUR), Africa Command (AFRICOM), National Atlantic Treaty Organization (NATO) Brussels and Strategic Air Command (SACEUR). Services for ELMR Equipment are for U.S. Army Installations in Germany, Italy, Belgium, Bulgaria, Romania, Poland and the Netherlands.

NETCOM’s LMR contract 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 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: 01 July 2022 to 30 June 2023 or Value: $ 1,994,248.00 Option Period 1: 01 July 2023 to 30 June 2024 or Value: $ 2,621,847.00 Option Period 2: 01 July 2024 to 30 June 2025 or Value: $ 3,305,380.00 Option Period 3: 01 July 2025 to 30 June 2026 or Value: $ 3,384,448.00

Option Period 4: 01 July 2026 to 30 June 2027 or Value: $ 3,466,504.00

Total Value: $14,772,427.00 including all options Name and describe the required supplies/services. Include the estimated total value, including options, if any.

4. Authority Cited: FAR Part 6.302-1(c)(1)Identify the statutory authority permitting other than full and open competition followed by the specific FAR citation and its title. For example: "10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation 6.302-1(a)(2)(iii)(B), Only one responsible source and no other supplies or services will satisfy agency requirements".

5. Reason for Authority Cited: The U.S. Army utilizes LMR for first responder fire and emergency communications across Europe. As such this requires LMR Operation and Maintenance (O&M) support and services for LMR systems and equipment. These LMR communication systems are necessary for mission requirements for the Combined Headquarters, U.S. Army, Europe and Seventh Army, Office of the Provost Marshal. Throughout the area of responsibility, maintenance is required on the existing installed Government owned Motorola communication equipment. The current system is comprised of Motorola equipment compatible only with Motorola components running on proprietary software. As the original equipment manufacturer, Motorola is the sole designer, developer and manufacturer of the existing LMR system. Motorola owns the proprietary rights, hardware schematics, and data rights. Only Motorola has access to the proprietary data rights for the current LMR infrastructure system and equipment that has been acquired over the years. IMCOM utilizes Advanced Encryption Standard (AES) encryption on its LMR equipment. AES is a federal information processing standard that specifies cryptographic algorithms for use by US Government agencies to protect sensitive information. The Universal Encryption Module (UCM) is proprietary hardware produced and manufactured by Motorola and is used to carry the AES encryption on LMRs. This hardware is an embedded part of the LMR equipment, and only Motorola certified technicians can service this module due to its proprietary nature. Motorola does not support nor authorize any work performed on the UCM other than Motorola authorized service providers and trained technicians. In the event that the UCM or AES software is damaged or compromised by other than Motorola approved technicians, Motorola will not honor any warranties and will not be responsible for the AES software or the encryption function. Having to replace Motorola LMR communication equipment to the current platform would be a substantial duplication of cost to the Government. The encryption function has implications that include safety and protection of sensitive information therefore the Government cannot accept the risk for degradation of performance on the UCM.

Furthermore, 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, but does not allow for interoperability at the component level. These standards also allow the vendor to develop proprietary features and functions outside of the standards. Congressional mandate letter 114-63 requires the current LMR system to operate on a Motorola platform jointly with the US Air Force as owners of the CORE infrastructure.

Therefore, a Motorola authorized service provider is the only acceptable source that can satisfy this requirement and competition for this contract action must be limited to Motorola authorized service providers.Describe how this action requires the use of the authority cited. If applicable, identify the proposed or potential contractor(s) and include a discussion of the proposed contractor’s unique qualifications for fulfilling the contract requirements.

(a) The rationale used for justifying the cited authority should be consistent throughout the document as appropriate.

(b) Justifications citing FAR 6.302-1(a)(2)(ii) or (iii) as the authority for less than full and open competition on a follow-on contract must reflect (1) substantial duplication of cost that is not expected to be recovered through competition and/or (2) unacceptable delays in filling agency requirements. If the authority cited is substantial duplication of costs, then paragraph 5 should compare the duplicate costs the government would incur to create competition and the estimated savings expected to be recovered through subsequent competition. In addition, the justification must include an explanation for how the requesting office derived their estimates and why they believe they are a substantial duplication. Justifications citing unacceptable delays must identify firm schedule limitations that do not result from a lack of planning. For example, firm schedule limitations could include an approved Army campaign plan or significant loss of life or property.

(c) Justifications citing FAR 6.302-2 must explain how failure to limit sources would seriously injure the Government, and include a discussion of the required delivery schedule and lead-time involved. If the delay associated with the requirement for first article testing is the principal reason for not awarding the contract on a full and open basis, clearly describe the reasons why first article testing is required and why other quality assurance techniques are inadequate. Contracting officers may submit J&As citing this authority for approval after the contract has been awarded (see FAR 6.302-2(c)(1)).

(d) Justifications citing FAR 6.302-2 or 6 must request offers from as many potential sources as practicable under the circumstances.

(e) If applicable, explain why technical data packages, specifications, engineering descriptions, statements of work or purchase descriptions suitable for full and open competition were not developed or are not available.

6. Efforts to Obtain Competition: The Contracting Officer shall publish the notices required by FAR 5.201 and any bids or proposals received shall be considered. Describe the efforts to solicit offers from as many potential sources as is practicable. Also, state that the notices required by FAR 5.201 shall be or have been published, and that any bids or proposals received shall be considered. If a notice is not posted, state which exception in FAR 5.202 applies.

a. a. Effective competition. Effective competition will be achieved by soliciting this requirement on SAM.GOV. As described above, competition will be limited to vendors that are Motorola authorized service providers Describe the extent of effective competition anticipated for this acquisition.

b. Subcontracting competition. In single source situations, address efforts by the Government to assure that the prime contractor obtains as much competition as possible in its subcontracting.

Not Applicable

7. Actions to Increase Competition: All certified Motorola authorized service providers capable of meeting the Government’s requirement will be permitted to compete on this solicitation. However, competition cannot be further enhanced because of the limited sources that have the capabilities to provide these services. (When citing the authority at FAR 6.302-1 for a non-competitive follow-on to a previous award for the same supply or service, include a copy of the previous justification to assist the approval authority in determining whether the planned actions to remove any barriers that led to the restricted consideration cited on the previous justification were completed. The approval authority shall determine whether the planned actions were completed. If the actions were not completed, the justification for the follow-on action must be approved by the approval authority one-level above the approval authority for the previous justification (see FAR 6.304; DFARS 206.304(a)(4) and PGI 206.304). If the previous justification was approved by the Senior Procurement Executive (SPE), the approval remains at the SPE level.) There may be instances when it is not possible to compete the current acquisition. In these cases, include a statement of the actions taken, or to be taken, to increase competition (e.g., procure needed technical data for full and open competition or breakout subsystems or components for full and open competition) before any subsequent acquisition of the supplies or services. If future competition will be based on the procurement of technical data, provide the approximate date the technical data package will be available.

8. Market Research: Market research was conducted by querying Government data bases and researching internet resources. In addition to the incumbent, the market research revealed three vendors that appeared to have the necessary experience and qualifications to fulfill the requirements of this contract. The Government expects adequate competition on this solicitation even with limiting sources to Motorola certified vendors. Describe the extent and the results of the market research (FAR Part 10 and DFARS 210.001) conducted to identify all qualified sources. Research must have been meaningful (demonstrated attempt to discover all relevant material) and the Contracting Officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate, and relevant.

9. Interested Sources: When utilizing the authority at FAR 6.302-1, the contracting officer shall post a request for information or a sources sought notice, and shall include the results of this inquiry in the justification required by FAR 6.303 and PGI 206.302-1. This requirement to post may be waived by the Head of the Contracting Activity, or designee. The waiver authority may not be delegated lower than a general or flag officer or a member of the Senior Executive Service. Include a listing of the sources that have written to express interest in the acquisition. If applicable, clearly state “To date, no other sources have written to express an interest.” If 10 U.S.C. 2304(c)(1)/FAR 6.302-1 is the authority cited, explain why other sources were rejected.

10. Other Facts: Discuss any other facts supporting the use of other than full and open competition, such as the following:

a. Procurement history. Reasonable efforts to retrieve the following items from computer records, contract files, competition advocate office files or other sources are expected:

(1) 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 Total awarded amount: $2,636,504.00 Number of option periods: 2 Number of Offerors: 2 Competitive Status:

Authority previously cited:

Justification: If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

Significant Changes of Justification

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.

Justification: If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

Contract number: W564KV-14-P-0175 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 2014 – 29 September 2015 Total awarded amount: $724,838.80 Number of option periods: None Number of Offerors: 1; Wavier to Resolicit/Only One Offer Source Selection Method: Lowest Price Technical Acceptable (LPTA) (1) Contract numbers and dates of the last several contracts for these same requirements.

Contract numbers and dates of all awarded contracts for these same requirements.

(2) The competitive status of these actions.

(3) Authority previously cited if less than full and open competition was used.

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

b. Other facts. Provide any other facts necessary to justify limiting competition that were not previously stated.

(Certifications will normally be provided on a separate page at the end of the J&A to allow minor, administrative changes to be made during the review process.)

11. Technical Certification: (Include the following statement):

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: _______________________

Typed Name: ___________________________Title:__________________________

12. Requirements Certification: (Include the following statement):

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: ______________________

Typed Name: _____________________________Title:_______________________

The individual(s) within the organization responsible for acquiring the supplies or services described in the justification (e.g. program manager, depot commander, or senior program engineer) and with specific knowledge of the individual requirement (commodity, technology, and/or function) is required to sign the technical and requirements certifications.

13. Fair and Reasonable Cost Determination: (Include the following determination):

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

This determination will be made using price analysis. As a part of this basis, pricing data will not be required and the following exception applies (FAR 15.403):

Prices are agreed upon are based on adequate price competition.

Provide the basis for this determination (e.g., describe techniques to be used to determine fair and reasonable price, such as cost analysis, price analysis, audit, should cost, independent Government estimate, etc.). As part of the basis, indicate whether certified cost or pricing data will be required or if one of the exceptions in FAR 15.403 applies.

Signature: ________________________________Date: ______________________

Typed Name: _____________________________Title:_______________________

14. Contracting Officer Certification: This certification shall be made by the contracting officer who will sign the contract resulting from this justification and approval. Include the following statement:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: _______________________

Typed Name: _____________________________Title:________________________

(REMINDER: The appropriate Controlled Unclassified Information – CUI marking should be annotated at the bottom of each J&A page, prior to posting on the internet.

This template is presented as a Source Selection document and is marked as such. NON Source Selection J&A’s should be marked ‘CUI//SP-Procure’.

Approval

Based on the foregoing justification, I hereby approve the procurement of Motorola shall 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 for the estimated amount of $14,772,427.00(state equipment/services being procured and total dollar value) on an other than full and open competition basis pursuant to the authority of (Identify the statutory authority permitting other than full and open competition followed by the specific FAR citation and its title. For example: "10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation Part 6.302-1(c)(1). 6.302-1(a)(2)(iii)(B), Only one brand name responsible source and no other supplies or services will satisfy agency requirements"), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: _____________________________ Date: __________________________

Typed Name: ___________________________ Title: __________________________

CUI//SP-SSEL

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

1 SEP 2021

CUI//SP-SSEL

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

SEP 2021