Justification_for_Other_Than_Full_and_Open_Competition_-_Radios.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Identification Number (purchase request/solicitation number): D-16-0A-0082

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 an immediated requirement for two (2) TDFM 9300 tranceivers and two (2) TDFM 9000 remote control units that incorporate 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: 1/31/2017

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

41 U.S.C. 3304(a}(l)

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 Avenue, 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 was published previously in April 2016 for the 9100 radios. Then a RFQ was posted in July 2016 for the 9100 radios. Only one response was received in regards to the RFQ.

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

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

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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 commericial 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.

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-l(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

N/A

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.

N/A

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 prenseted to view the fucntionality 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 an 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.

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The position of the U.S. DOJ/DEA is that when an order is placed, the radio and the 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 conitnuing need to standardize its fleet of airborne communication systems.

Utilization of a communication system other than the TDFM 9300 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 availability. 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.

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