BNJ No. FY20-00114.pdf

Justification for other than Full and Open Competition – Brand Name Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (SAT) pursuant to FAR Subpart 13.5, including Brand Name

SSJ/BNJ No.: FY20-00114

Date: April 8, 2020 PR Number: 1921202DD000P0004

Pursuant to the requirements under the authority at 41 U.S.C. 1901 as implemented by Federal Acquisition Regulation (FAR) Subpart 13.501 and consistent with the content requirements of

FAR 6.303-2.

1. Agency and Contracting Activity

The Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Federal Protective Services Acquisition Division (FPS AD) prepared this justification for other than full and open competition – brand name.

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

DHS/OPO/FPS AD requires a brand name specification for the procurement of Iridium satellite phones and communication units. The brand name specification is for a portion of the acquisition, which is primarily for satellite voice services for Iridium satellite phones and communication units.

3. Description of Supplies/Services

The Department of Homeland Security (DHS), Federal Protective Services (FPS) has a need to procure satellite voice service for Government-owned Iridium satellite phones and communication units and to also acquire new Iridium satellite phones and communication units of the same model as acquired under the current contract. It is anticipated that the required supplies and services will be successfully procured via a competitively awarded purchase order (PO) set aside for small business.

The period of performance shall consist of a one-year base period with three (3) one-year option periods, for a total period of performance of forty-eight (48) months, as follows:

Base Period July 1, 2020 through June 30, 2021 Option Period One July 1, 2021 through June 30, 2022 Option Period Two July 1, 2022 through June 30, 2023 Option Period Three July 1, 2023 through June 30, 2024

The estimated total value of the requirement is $430,516.00.

http://uscode.house.gov/

Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (SAT) pursuant

4. Identification of the statutory authority

This acquisition is being conducted using the procedures in FAR Subpart 13.5 – Simplified Procedures for Certain Commercial Items under the authority of 41 U.S.C. 1901 Simplified Acquisition Procedures.

5. Demonstration that the nature of the acquisition requires use of the authority cited

Under the base year of the current contract, FPS acquired a total of twenty (20) new Iridium Extreme PTT satellite phones and two (2) new Iridium ASE-9575P-HQ communication units (docking stations) to replace the current outgoing equipment (Iridium 9505A satellite phones and ASE-MC03-9505A communication units). FPS was going to acquire the remaining seventy-eight

(78) Iridium Extreme PTT satellite phones and two (2) Iridium ASE-9575P-HQ communication units in Optional Ordering Periods One or Two, depending on funding acquired; however, a protest disputing the small business status of the awardee was received and upheld by the Small Business Administration. FPS requires the new equipment (i.e. satellite phones and communication units) be the same model as the equipment purchased under the base year of the current contract.

6. Efforts made to ensure that offers are solicited from as many potential sources as is practicable

FPS AD intends to solicit this requirement via a competitive, open market solicitation set aside for small business. The solicitation will be publicized via betaSAM.gov and will comply with the requirements at FAR 5.102(a)(6).

Category Base Year Option Year 1 Option Year 2 Option Year 3 Monthly Voice Phone Service for Satellite Phones *Plus 1 Access Equivalent 10 digit $57,600.00 $57,600.00 $57,600.00 $57,600.00 Monthly Service for Communication Units (Docking Stations) *Plus 1 Access Equivalent 10 digit $2,304.00 $2,304.00 $2,304.00 $2,304.00 Other Direct Costs (ODCs) - $10,000 Not-to-Exceed (NTE) $10,000.00 $10,000.00 $10,000.00 $10,000.00 Minutes of Use - $10,000 Not-to-Exceed (NTE) Bundle. The rates for each type of minute will be billed against the NTE amount. $10,000.00 $10,000.00 $10,000.00 $10,000.00

Originating within North America – Satellite Phone to PSTN Originating outside North America – Satellite Phone to PSTN

Satellite Phone to Satellite Phone Satellite Phone to other Satellite System

Plus One Access Minutes Two-Stage Dialing

Equipment (Satellite Phones) $109,200.00 $0.00 $0.00 $0.00 Equipment (Communication Units (Docking Stations)) $1,700.00 $0.00 $0.00 $0.00

$190,804.00 $79,904.00 $79,904.00 $79,904.00

Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (SAT) pursuant

7. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable

The acquisition is being conducted using the procedures in FAR Subpart 13.5; however, price analysis (IAW FAR 15.404-1) will be performed utilizing the following techniques: 1) Comparison of proposed prices received in response to the solicitation (normally adequate price competition establishes price reasonableness), and 2) Comparison of proposed prices to historical prices paid, whether by the Government or other than the Government for the same or similar items.

8. Description of market research conducted

Market Research shows that there are many suppliers that offer the equipment required (i.e.

Iridium satellite phones and communication units (docking stations)). These products are identified as a commercial item and meet the definition of a commercial item in accordance with FAR 2.101. There are currently no DHS Strategic Sourcing Vehicles or Federal Supply Schedules in place that are viable options for procuring the required equipment.

9. Any other facts supporting the justification

The Iridium Extreme PTT satellite phone has a unique Push-to-Talk (PTT) feature that is not available on any other handheld satellite phone. The PTT feature delivers low-latency, secure group communication quickly and easily anywhere in the country. When used with the PTT Command Center, the agency will be able to define coverage. The PTT feature takes the local functionality of the walkie-talkie, formally known as a handheld transceiver, to a global level by allowing users in a talkgroup to communicate real time even with thousands of miles distance between them. This unique feature is essential to meeting FPS needs.

10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition.

N/A

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

FPS requires the new equipment (i.e. satellite phones and communication units) purchased under this requirement be the same model as the equipment purchased under the base year of the current contract. Subsequent requirements will not include new equipment until the equipment has passed its useful life, has become obsolete, or advances in technology are available that will be in the Government’s best interest to acquire.

12. DHS intends to post the requirement pursuant to FAR 13.501(a)(1)(iv) and 5.102(a)(6).

Certain Commercial items for procurements exceeding the Simplified Acquisition Threshold (SAT) pursuant

13. Technical/Requirements Personnel Certification.

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.

Marti Lewis Date Technical Representative/COR

14. Contracting Officer Certification & Approval

In accordance with FAR 13.501(a)(2)(i), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for other than full and open competition exist.

Peter J. Andrews Date Contracting Officer