JOFOC.doc

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Motorola Subscriber Radio Frequency Programming Changes Service Contract An ordering activity must justify its action when restricting consideration to one contractor or to an item peculiar to one manufacture in accordance with FAR 6.302-1. The contracting officer must provide each awardee a fair opportunity to be considered for each order exceeding $3,500 issued under contract. Any vendor with a possible “or equals” may respond to this solicitation but will be treated as “Informational” only. Accordingly, the following Fair Opportunity Exception is prepared in accordance with FAR 6.303-2:

1. Identification of Agency:

The Contracting Activity is the United States Forest Service, Chief Information Office (CIO), and the Washington Office Acquisition Management Information Technology (WO-AQM IT) Support Branch, Albuquerque Service Center, 101B Sun Ave NE, Suite 200, Albuquerque, NM 87109.

2. Nature and/or Description of Action Being Approved The Forest Service requires logistics and maintenance support for the Law Enforcement’s Motorola subscriber special purpose Mobile and Portable radios. This contract will include portable and mobile preventative maintenance, portable battery and antenna replacement, mobile removal and reinsert, mobile radio antenna replacement, radio repair after warrantee expiration, and remote speaker or microphone repair or replacement.

3. Description of Supplies or Services Required to Meet Agency’s Need Including Estimated the Value:

The contractor shall provide all personnel, equipment, tools, materials, supervision, other items and non-personal services necessary that are required to support and maintain the integrity of the portable and mobile equipment throughout their lifecycle. The contractor shall be responsible to maintain a reference copy of the radio’s internal code plug prior to performing maintenance and will reload the code plug before returning the radio to the customer. Motorola will supply all necessary test equipment, software, and hardware to insure a fully operable and current radio is returned to service using Motorola OEM parts and material only with no authorized substitutions to using off market manufactured parts. The contractor will provide shipping labels and establish processes to ship and track the Mobile and Portable Radios until those radios are returned. The contractor will provide a monthly report on all radios that were inspected with the results of the inspections or maintenance by serial number to support maintenance program tracking. Estimated value ________for the base year plus 4 option years estimated as _________ total.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition:

In accordance with FAR 6.302-1, this justification supports that only one manufacturer is capable of providing the supplies or services required at the level of quality required; supplies or services ordered are unique or highly specialized. Market research conducted resulted in only one responsible source and no other supplies or services will satisfy agency requirements to be able to support all radios across 50 states and provinces.

5. Demonstration That the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires use of the Authority Cited:

Any maintenance and support for the USFS APX Motorola inventory will be supported by Motorola Original Equipment Manufacturer (OEM) parts and accessories with no suitable substitutions to protect the reliability of the APX inventory. Further, test equipment must meet Motorola depot standard test equipment requirements.

6. A Description of Efforts Made to Ensure that Offers are Solicited From as Many Potential Sources as is Practicable, Including Whether a Notice was or Will be Publicized as Required by Subpart 5.2 and, if not, Which Exception Under 5.202 Applies:

All services for the Motorola radio equipment is proprietary and solely supported through Motorola. A Sources Sought request was posted on Federal Business Opportunities (FBO) as well as GSA EBuy and no authorized Motorola vendors were found that could accomplish this service. The maintenance and repairs require special proprietary equipment only found at the Motorola repair facility.

7. Determination by the Contracting Officer That the Anticipated Cost to the Government will be Fair and Reasonable:

This is a firm fixed price contract. Historical purchases have been assessed in order to gauge the expectation of reasonable pricing. Based on the review of this historical data and current catalogue pricing for the service parts being purchase, it is expected that proposed prices will be found to be fair and reasonable prior to contract award.

8. Description of Market Research Conducted:

A Sources Sought Request for information was posted on FBO.gov as well as GSA EBuy in May 2016. Two vendors responded being Motorola and AEG Group. Although AEG Group is an authorized Motorola reseller, they were not capable of doing the maintenance and repairs required in the performance work statement. There is only one Motorola depot capable of performing this level of service and maintenance due to the specialized equipment needed.

9. Any Other Facts Supporting the use of Other Than Full and Open Competition:

None.

10. A listing of the Sources, if any, That Expressed, in Writing, an Interest in the Acquisition:

John Gallagher

Motorola Solutions U.S. Federal Government Markets Division

Senior Account Manager

303-689-2965 (Office)

303-523-5597 (Mobile) jgallagher@motorolasolutions.com

11. A Statement of the Actions, if any, the Agency may Take to Remove or Overcome any Barriers to Competition Before any Subsequent Acquisition for the Supplies or Services Required:

To remove any barriers there is a need to expand depot level service for Motorola, currently the level of service is proprietary. Local service providers can only perform a limited level of maintenance with limited capabilities to make on-site repairs.

The Program Office signature below provides evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

RECOMMENDED:

DEBORAH A. OTTO-OBERG

DATE

LEI Radio Program Manager

APPROVED:

SUZAN C. STAGE

Contracting Officer

CONCUR:

JAMES GMC. BAILEY

Contracting Officer