Justification_for_Other_Than_Full__and_Open_Competition_-_RADIOS.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

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Identification Number (purchase request/solicitation number): DJD-16-Q-0070

1. Identification of the agency and contracting activity.

A. Agency: Drug Enforcement Administration (DEA)

B. Contracting activity: Office of Acquisition and Relocation Management (FA)

C. Requiring activity: Aviation Division/Aviation Operations Center

2. Nature and/or description of the action being approved. (e.g., new contract award or modification expanding the scope of an existing contract)

New brand-name purchase order for air-to-ground radios.

3. A description of the supplies or services required to meet the agency’s needs, including the estimated value. (inclusive of all options)

The U.S. Department of Justice, Drug Enforcement Administration (U.S. DOJ/DEA) has a requirement for TDFM 9100, TDFM 9100 NVG, RC9100, RC9100 NVG radio systems, and spare units of each category radio system(s). That incorporates Project 25 Phase I and Phase II compliance, including capabilities for Airborne Law Enforcement Operations.

Period of performance or Total estimated value: final delivery date: 09/30/2016

4. An identification of the statutory authority permitting other than full and open competition.

41 U.S.C. 3304(a)(1)

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

The radio systems are produced exclusively by Technisonic Industries Ltd., 240 Traders Boulevard, Mississauga, Ontario L4Z 1W7. The radio systems are distributed exclusively through Dallas Avionics 2525 Santa Anna Ave. Dallas, TX 75228.

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.

A Sources Sought Notice DJD-16-N-0009 was posted to FBO on March 18, 2016. The posting closed on April 1, 2016. One response was received from Cobham Aerospace Communications.

On May 17th 2016 (at their request) representatives of Cobham Aerospace Communications were hosted at the DEA Aircraft Operations Center in Fort Worth, TX for an RT-7000 briefing.

https://acquisition.gov/far/current/html/Subpart%205_2.html#wp1107980 https://acquisition.gov/far/current/html/Subpart%205_2.html#wp1107990

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A ‘Trade Show’ model of the RT-7000 radio was presented to view the functionality of the transceiver only; a Remote Controlled unit was not available for review as it is understood at the time to be still in development, additionally, as of the date of the meeting, the availability of either unit in the near-term is questionable as it is understood that neither unit is certificated for installation in aircraft.

Furthermore, representatives of Cobham Aerospace Communications indicated that orders are being accepted for only the Cobham Flexcomm RT-7000 radio… not the RC unit with a projected availability for both units is anticipated before year end of 2016.

The position of U.S. DOJ/DEA is that when an order is placed, the radio and RC units are considered to be components of an order as a complete assembly; no partial orders will be accepted.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Pricing will be determined by the CO to be fair and reasonable prior to award.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

A capabilities list consisting of Commercial off The Shelf (COTS) and U.S.DOJ/DEA technical specifications, interoperability, logistics, training, maintainability and non-evasive system integration and fleet standardization are paramount.

Continuous market research and evaluation of capabilities since this determination has consisted of talking to industry representatives, speaking to other similar law enforcement operators and attending yearly trade shows such as the Airborne Law Enforcement Association and the Helicopter Association International.

The TDFM 9100 radio system is considered the best value for OA operations and maintemance.

9. Any other facts supporting the use of other than full and open competition, such as:

i. Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available.

N/A

ii. When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

iii. When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government.

https://acquisition.gov/far/current/html/Subpart%2010_0.html https://acquisition.gov/far/current/html/Subpart%206_3.html#wp1087543 https://acquisition.gov/far/current/html/Subpart%206_3.html#wp1087543 https://acquisition.gov/far/current/html/Subpart%206_3.html#wp1086879

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

Market research conducted toward industry experts and sources, attending annual industry trade shows including Airborne Law Enforcement Association, Helicopter Association International and National Business Aircraft Association. And reaching out to law enforcement operators with similar missions and aircraft were not fruitful

On May 17th 2016 (at their request) representatives of Cobham Aerospace Communications were hosted at the DEA Aircraft Operations Center in Fort Worth, TX for an RT-7000 briefing.

A ‘Trade Show’ model of the RT-7000 radio was presented to view the functionality of the transceiver only; a Remote Controlled unit was not available for review as it is understood at the time to be still in development, additionally, as of the date of the meeting, the availability of either unit in the near-term is questionable as it is understood that neither unit is certificated for installation in aircraft.

Furthermore, representatives of Cobham Aerospace Communications indicated that orders are being accepted for only the Cobham Flexcomm RT-7000 radio… not the RC unit with a projected availability for both units is anticipated before year end of 2016.

The position of U.S. DOJ/DEA is that when an order is placed, the radio and RC units are considered to be components of an order as a complete assembly; no partial orders will be accepted.

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.

U.S. DOJ/DEA has a continuing need to standardize its fleet of airborne communication systems.

Utilization of a communication system other than the TDFM 9100 series would have a detrimental impact to interoperability, logistics, training, maintainability, non-evasive system integration and budget.

OA does not have spare aircraft, and reassignment of resources is utilized to backfill extended periods of unavailability. Installation of a single system with standardized operation is paramount to ensure proficiency of operators, maintainers and capabilities.

Previous selection of the TDFM series, OA has made preparations to support and train personnel in operation, maintenance and repair of these specific systems. These preparations include contracting actions, training of maintenance and operations personnel, modification of aircraft, and acquisition of spare parts.

Selection of another communication system would impact contracts currently in place for modification of aircraft, training of operational and maintenance personnel, maintenance, repair and logistical support of these systems.

Significant cost would be incurred by OA for engineering, aircraft modifications, retraining of operational and maintenance personnel, as well as additional spare parts and equipment requirements to support another airborne communication system. And would negatively impact current weight and balance capabilities on the intended aircraft platforms.

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Certifications

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Justification for Other than Full and Open Competition, are accurate and complete to the best of my knowledge and belief".”

Requesting Office Technical Point of Contact ____________________________________ Date _______________ Signature & Title

“I hereby certify that this Justification for Other than Full and Open Competition is accurate and complete to the best of my knowledge and belief.”

Contract Specialist ____________________________________ Date _______________ Signature

Contracting Officer ____________________________________ Date _______________ Signature

“I have reviewed the subject contract action and find it legally sufficient for award.

CC Legal Counsel ____________________________________ Date _______________ (if over $650,000) Signature

Reviews and Approvals

Competition Advocate ____________________________________ Date _______________

Chief, FAC ____________________________________ Date _______________

Bureau Procurement Chief (if over $650,000 ____________________________________ Date _______________ per JAR 2806.304) Signature

Head of the Contracting ____________________________________ Date _______________ Activity (if over $12.5M) Signature

Senior Procurement Executive (if over $62.5M) ____________________________________ Date _______________ Signature http://www.ecfr.gov/cgi-bin/text-idx?SID=3fda8408419c81be5c700dc54ca7e51f&node=se48.6.2806_1304&rgn=div8