Brand Name JA for Synopsis.pdf

CUI//SP‐SSEL

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

SEP 2021

JUSTIFICATION REVIEW DOCUMENT

FOR BRAND NAME - FAR PART 13.501

Program/Equipment: Non-personal 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: FAR 13.500

FAR PART 13 JUSTIFICATION AND APPROVAL FOR OTHER THAN

FULL AND OPEN COMPETITION (BRAND NAME)

1. Contracting Activity: 409th Contracting Support Brigade (CSB)

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 (Motorola Certified Companies) for the purpose of 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 services (Motorola Certified Companies). The Government projected award date is for 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: 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, Netherlands and potentially more countries as required by State Department/Host Nation agreements and Department of Defense operational needs.

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 Emergency Response mission. NETCOM’s LMR maintenance funding provides preventative and corrective maintenance to infrastructure, radio dispatch consoles, and subscriber radio units.

4. Authority Cited: Simplified Procedures for Certain Commercial Products and Commercial Services, 41 U.S.C. 1903 as implemented by FAR subpart 13.500(c)(1).

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.

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.

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

b. Subcontracting competition. 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.

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.

A sources sought notice was issued on SAM.gov. It resulted in only one responsible offeror (Motorola Systems). The government does not believe a sole source justification exists to award to Motorola based upon sources sought response. Industry did not contest the need to have Motorola certifications to perform the services (Basis of this Brand Name J&A). While there are requirements for personnel to have particular Motorola certification, requirement does not provide for performance of the work to a single company; therefore, other companies have the opportunity to express interest and potentially provide a proposal. The advantage of competing the requirement is to allow for adequate price competition and potentially develop a broader industrial base.

In the absence of adequate price competition the Government intends to enter into negotiations.

9. Interested Sources: Motorola Systems

10. Other Facts:

a. 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 Total awarded amount: $2,636,504.00 Number of option periods: 2 Number of Offerors: 2 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.

11. Technical Certification/ Requirements 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: _______________________

Typed Name: ___________________________Title:__________________________

12. Fair and Reasonable Cost Determination/Contracting Officer Certification:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable prior to making award. The actual determination will be made using price analysis after receipt of contractors proposal. As a part of this basis, other than certified cost or pricing data may be required as the contracting officer believes only one offer will be received.

Signature: ________________________________Date: _______________________

Typed Name: _____________________________Title:________________________

Approval

Based on the foregoing justification, I hereby approve the solicitation and procurement under other than full and open competition because of necessary Motorola Certifications in place to insure equipment is not damaged or repaired in a manner than would cause damage or degradation of the equipment. The action is an other than full and open competition basis pursuant to the authority of 10 United States Code 2304(c)(1) as implemented in Federal Acquisition Regulation Part 13.500. Only one brand name services will satisfy agency requirements (MOTOROLA certifications).

Signature: _____________________________ Date: __________________________

Typed Name: ___________________________ Title: __________________________