EPCC JA Brand Name HC101322D0005 Finalized 8 July 2025 Redacted.pdf

Enhanced Mobile Satellite Services (EMSS) Equipment, Provisioning and Customer Care Indefinite Delivery/Indefinite Quantity (EPCC ID/IQ)

Controlled By: USSF SSC Controlled By: USSF SSC/CSC/EMSS/PMO CUI Category: PROCURE Distribution/Dissemination Control: FEDCON POC: disa.mead.ie.mbx.emss-cor-team@mail.mil

CUI

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting

Procurements under FAR Part 12, and FAR Part 15

Purchase Request Number: Not Applicable (N/A) Contract Number: HC101322D0005 Procurement Title: Enhanced Mobile Satellite Services (EMSS) Equipment, Provisioning and

Customer Care Indefinite Delivery/Indefinite Quantity (EPCC ID/IQ) – Addition of Brand-Name Distributed Tactical Communications System (DTCS) Radio Only (RO-X) Support Equipment

Estimated Value of Additional Equipment (Based on Projected 12-Month Sales Quantity):

(The ceiling of this ID/IQ will remain at )

Statutory and Regulatory Authority: 10 U.S.C. 3204(a)(5) and FAR 6.302-5(a)(2)(ii)

Justification for OTFAOC Number: N/A

Upon the basis of the following justification, I, as Contracting Officer, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of FAR 6.302-5(a)(2)(ii).

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY:

Requiring Agency:

Defense Information Systems Agency (DISA) Operations Center/Infrastructure Executive/IEB1 6910 Cooper Avenue Fort Meade, Maryland 20755-9088

Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO)/ PS8221

2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225

2. NATURE/DESCRIPTION OF ACTION(S): This action seeks to issue a within-scope modification to an existing contract to incorporate L3Harris (Original Equipment Manufacturer (OEM)) manufactured, brand-name equipment to the EPCC ID/IQ that was competitively awarded to Trace Systems, Inc. This equipment includes:

OEM PART #

PRODUCT DESCRIPTION

3362125

Distributed Tactical Communications System (DTCS) Radio Only (RO- X) basic vehicle kit: DTCS Vehicle Mount Finger Grip with cup mount and flexible arm, RO-X Vehicle Power Battery Eliminator, Rod/Helix Antenna, Magnetic Mount, 25-foot LMR 240 TNC-M to TNC-M cable, UF

2026873-001 DTCS RO-X Vehicle Power Battery Eliminator 2026874-001 DTCS RO-X Alternating Current (AC) Power Battery Eliminator 8962257-1 DTCS RO-X Battery - Rechargeable 8962258-1 DTCS RO-X Battery Charger

The equipment items to be added to the contract directly support the DTCS RO-X radios currently in use by the United States Government (USG), allowing customers to purchase the items via the ordering vehicle established to streamline Government purchasing of EMSS equipment.

3. DESCRIPTION OF SUPPLIES:

EMSS offerings include a suite of services that utilize the Iridium satellite network. EMSS users utilize the DTCS RO-X as a one-to-many, on the move, beyond line of sight, over the horizon, push-to-talk tactical satellite radio. DTCS leverages the Iridium satellite constellation through the dedicated EMSS Gateway (EMSS Service Center). DTCS RO-X radios allow the warfighter to maintain superiority on the ground and maintain secure communication while on the move, and the supporting equipment to be added via this contract action will provide the warfighter with an efficient purchasing mechanism for the equipment that directly supports the DTCS RO-X radios.

4. IDENTIFICATION OF STATUTORY AUTHORITY:

In accordance with (IAW) FAR 6.302-5(a)(2)(ii) and 10 U.S.C. 3204(a)(5), there is only one responsible source for this equipment and no other supplies or services will satisfy agency requirements.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Description of events.

As described below in Section 11a, Procurement History, the EPCC ID/IQ was competitively awarded to Trace Systems, Inc. on February 15, 2022. This contract is a single-award ordering vehicle to deliver a supply of various Iridium-certified equipment and products, provisioning support, and 24/7/365 dedicated help desk support to all authorized EMSS customers including the Department of Defense (DoD) and federal government, state and local government, approved foreign and allied governments, and other sponsored customers. As indicated in the Performance Work Statement included in the publicly solicited Request for Proposal (including amendments), “All communications equipment must be authentic, name-brand and certified by Iridium, and approved by the EMSS PMO for use on the EMSS gateway… The Government reserves the right to add or remove equipment or service CLINs (that are deemed in scope) at any time during the duration of the contract.” Because the original competitive action expressly permitted addition of authentic, name-brand, Iridium-certified equipment, this modification has been determined to be within the scope of the existing contract and this Justification and Approval is required because it adds brand name products.

The supply delivery and provisioning portions of the EPCC contract include equipment that has been custom-built and tested to function on the L3Harris-designed and -built DTCS RO-X.

L3Harris is the sole provisioner of the RO-X radios and RO-X related accessories that are designed to function on the DTCS RO-X. L3Harris does not permit the use of aftermarket products without voiding the warranty on the RO-X radios. L3Harris currently does not authorize the use of aftermarket accessories that they have not qualified/authorized because it could potentially impact the radio operation and the manufacturer warranty, which is not a viable path forward for the Government. As such, only the brand name products manufactured by L3Harris are approved by the EMSS PMO for use on DTCS RO-X radios.

(b) Justification.

i. Minimum Government requirements: The USG requires the addition of the DTCS RO- X accessories to continue advancing secure and robust communication on the battlefield while on the move. The radio accessories allow radios to be used on moving vehicles with consistent power supply.

ii. Proposed sole source contractor: N/A. As stated above (Section 5(a)), because the original competitive award of the ID/IQ contract expressly permitted addition of authentic, name-brand, Iridium-certified equipment, this modification has been determined to be within the scope of the existing contract and this Justification and Approval is required because it adds brand name products, not to justify a sole source action.

iii. Discussion regarding cause of the sole source situation: N/A. This modification has been determined to be within the scope of the existing contract and this Justification and Approval is required because it adds brand name products, not to justify a sole source action. The brand name OEM product is essential to the Government’s requirements.

Market research indicates other products do not meet (and cannot be modified to meet), the agency’s needs because L3Harris does not authorize the use of aftermarket accessories that L3Harris has not qualified/authorized because it could potentially impact the radio operation and manufacturer warranty. The Government will continue to monitor the marketplace for the potential removal of barriers to competition, including ability to utilize “or equal” equipment without voiding the manufacturer warranty.

iv. Impact: Failure to add the requested ancillary equipment may result in the non-delivery of information critical to National Security and military operations worldwide. These failures are unacceptable to the DISA commitment to deliver communication capability to the Warfighter.

6. CONTRACT OPPORTUNITIES ANNOUNCEMENT/POTENTIAL SOURCES:

The EPCC ID/IQ was competitively solicited via SAM.gov and was subsequently awarded to Trace Systems Inc. For the current action, no Sources Sought or Request for Information was issued as it is a within-scope modification to an existing contract. The brand-name Justification is required because the OEM has confirmed that no other equipment is authorized to be used with the RO-X radios. This barrier to competition is based on L3Harris’s proprietary technology and warranty stipulations. The Government will continue to monitor industry for potential remedies to this competition barrier.

7. DETERMINATION OF FAIR AND REASONABLE COST:

The ceiling value of the overarching ID/IQ will not be increased. The contracting officer will determine whether the proposed price is fair and reasonable prior to issuing the modification using proposal analysis techniques listed in FAR 15.404-1, including comparison of contractor-proposed pricing to historical prices paid for same or similar equipment, comparison to the Independent Government Cost Estimate (IGCE) (including information obtained through market research), and analysis of data other than certified cost or pricing data provided by the contractor.

The contracting office will work with the OEM and the contractor to negotiate fair and reasonable prices for the equipment being added with this modification.

8. MARKET RESEARCH: The Government analyzed the market for technology similar in nature to the radios and radio accessories used on the DTCS manufactured by L3Harris.

L3Harris is the OEM of the radios and accessories used on the DTCS that meet the stringent technical and operational requirements for integration into the existing EMSS Service Center.

While there are commercial satellite radio systems that leverage constellations such as Iridium’s Low Earth Orbit constellation, the manufacturers of those radios do not provide interoperability with the existing RO-X radios or the DTCS. The lack of interoperability requires that the Government use the L3Harris-branded products. The warranty of the radios is not impacted if L3Harris-branded products are used. This warranty restriction is in place due to previous incidents of aftermarket products negatively impacting the operation of the radios.

Based on current market research, dated March 2025 through May 2025, it has been determined that only the aforementioned brand-name products, authorized by the OEM (L3Harris) for use with the DTCS RO-X, can fully meet the Government’s need. L3Harris does not authorize other manufacturers to operate or produce products that could be used on the DTCS or its RO-X radios without voiding the manufacturer warranty. As such, this modification is to add proprietary products to the existing ID/IQ, and no competitor functional replacement products exist in the market at this time to meet the Government's need. The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions, i.e., there are similar products and/or product support in the marketplace that provide the same functionality, the original equipment manufacturer releases ownership rights of the product, or it is economically feasible to procure aftermarket products.

9. ANY OTHER SUPPORTING FACTS: N/A

10. LISTING OF INTERESTED SOURCES: N/A. Sources were not solicited for this within-scope modification to an existing, competitively awarded ID/IQ contract.

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History.

(1) The subject contract includes portions of two prior contracts:

HC104713D4006: Sole source to General Dynamics Mission Systems, Inc., a large business. Period of performance: May 24, 2013, through November 25, 2018. No set-aside was used. The Government continued to monitor industry throughout the lifecycle of the contract for ways to remove barriers to competition.

HC101317A0002: Competitive award to Trace Systems, Inc. a small business. Period of performance: January 20, 2017, through July 22, 2019.

As a result, the current EPCC ID/IQ (HC101322D0005) was competitively solicited and was awarded to Trace Systems Inc. on February 15, 2022, as a base year, four 1-year option periods, and a 6-month option period IAW FAR 52.217-8 with a total contract ceiling value of .

(b) Actions proposed to avoid future need for brand-name or equal.

The Government will post this J&A on SAM.gov. At this time, it is anticipated that any future additions to this ID/IQ will still include a brand-name requirement due to proprietary restrictions and the potential of voiding a manufacturer warranty. In future cases where it is possible for other than name-brand products to be approved for use on the EMSS Gateway, the Government will instead incorporate items utilizing salient physical, functional, or performance characteristics and not require brand-name products.

TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Carlos D. Fuentes SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: EMSS Contracting Officer’s Representative

PHONE: (240)-917-6014

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: Anthony L. Denton SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: EMSS Program Manager

PHONE: (240) 584-6863

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief. Since this effort does not exceed $750K, this certification serves as APPROVAL.

NAME: Danielle N. Hebert SIGNATURE/DATE: See separate signature page

TITLE/ORGANIZATION: DISA/DITCO/PS8221

PHONE: 667-890-3883

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO

Danielle N. Hebert, Contracting Officer, Danielle.n.hebert2.civ@mail.mil.