sole_source_justification_Redacted.pdf

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

FOR OFFICIAL USE ONLY

25 May 2018 FOR OFFICIAL USE ONLY Page 1 of 4

NOTE: If a Justification was approved for the preceding acquisition, a copy of the approved Justification for the predecessor action must be included in the staff package for approval of the instant Justification. This applies to Justification staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor Justification will be used as a reference document by the approving official.

Is this a new or amended J&A Document? New Amended ( Prior to Award Only! )

Is this a Bridge Action as defined in the AF Bridge Action Reduction Plan? Yes No

Funding level for this acquisition: >SAT and < $700K > $700K and < $13.5M

Contracting Activity: 31 Contracting Squadron

Purchase Request / Local ID Number: F1F3C28087AC01

Program / Project (and PE, if applicable): Motorola ELMR Technician

Program Type (PEO or Other Contracting): 31 Communication Squadron

Authority: AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901)

AFFARS 5313.501 - 10 U.S.C. 2304a, Special Emergency Procurement Authority (41 U.S.C. 1903)

Estimated Contract Cost (including options): Justification Type: Class Individual

COORDINATION (AFFARS 5306.304(a) )

Date Requiring Activity

Signature

Date

16 Aug 2018

Contract Specialist

22 Aug 2018

Contracting Officer

28 Aug 2018

Local Legal Reviewer

APPROVAL (AFFARS 5306.304(a) )

Date

28 Aug 2018

Chief of the Contracting Office (COCO)

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

25 May 2018 FOR OFFICIAL USE ONLY Page 2 of 4

I. Contracting Activity.

31 Contracting Squadron/PKB Via Pordenone 89/B Area "E" edif. 600 Base Aerea di Aviano Aviano (PN) 33081 Italy

II. Nature and/or description of the action being processed.

The proposed action is for the award of a follow-on firm-fixed price service contract for on-site full-time support to the Aviano Motorola Land Mobile Radio Trunked System (hereafter referred to as LMR System). Air Force O&M 3400 Funds will be used for this acquisition. The estimated date of award is 1 September 2018. The sole-source contractor is anticipated to be:

Motorola Solutions, Inc. (Motorola)

NOTE: This action is a follow-on to contract FA568217P0050. That contract was not competed under authority Far Part 6.302-1(a)(2)(iii). Paragraph, “EFFORTS MADE TO ENSURE OFFERS SOLICITED FROM AS MANY SOURCES AS POSSIBLE”:

Motorola is the sole company that can certify radio additions and repairs that will operate on the Aviano AB Enterprise Land Mobile Radio Trunking network. See the attachment 1 (A copy of the previous approved justification.)

III. Description of supplies/services required to meet agency needs.

This requirement is to purchase support services to include personnel, transportation, supervision, and other items for non-personal services necessary. The Contractor shall assume complete responsibility for hardware, software, programming, functionality, radio coverage, removal, installation, optimization, testing and maintenance based on the ASTRO P25 compliant and Motorola R56 standards. The Contractor shall diagnose, resolve technical and end-user problems, troubleshoot any issues and coordinate with the customer for all matters required.

The contractor will be responsible for total, end-to-end ELMR System communication network support and radio system inventory and repair on-site at Aviano AB during regular duty hours.

The base period of performance is 18 September 2018 through 17 September 2019 with two twelve-month option periods. All options will be pre-priced. The estimated total value of the proposed action is .

IV. Statutory authority permitting other than full and open competition.

AFFARS 5313.501 - 10 U.S.C. 2302b, Implementation of Simplified Acquisition Procedures (41 U.S.C. 1901.)

Other: Only one responsible source and no other supplies or services will satisfy agency requirements

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

Motorola is the sole designer and developer of the Motorola ASTRO P25 LMR System and holds the proprietary rights to all embedded software code and hardware configuration design data to support the LMR System. The Government cannot sustain, nor compete the sustainment of the LMR System because the Government does not possess the necessary intellectual property rights in computer software and technical data to facilitate a competitive procurement strategy for total, end-to-end system support. The computer software and hardware are commercial. Motorola stated the proprietary technical hardware and software data was commercially developed at their own expense and is not

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

25 May 2018 FOR OFFICIAL USE ONLY Page 3 of 4 available for sale. Without the proprietary software and hardware technical data, no other contractor would possess the extensive knowledge, skills and ability to fully support the Aviano AB ELMR System. In addition, Motorola is the only source capable of performing factory certified upgrades or enhancements to the hardware or software for the existing Aviano ELMR System to ensure functionality and currency. The ELMR System is critical to the execution of force protection, emergency response and support for mutual aid to the local community. Failure to maintain support would impose the risk of system failure and downtime, which, if realized, would result in the loss of the primary means of communication during natural disasters, terrorist attacks, criminal activities, and accidents such as fires, explosions, etc. The loss of communication could contribute to the destruction of facilities, vehicles, and communications-electronics equipment, and jeopardize the lives of Aviano AB personnel, first responders and members of the surrounding communities.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A Sources Sought Announcement (SSA) was published on 23 July 2018. One (1) respondent submitted questions and the questions were answered; however, the vendor Salient CRGT responded that they are not currently authorized by Motorola to perform the tasks required in the PWS.

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

The anticipated cost of this acquisition will be evaluated for determination of fair and reasonableness prior to award IAW FAR 13.106-3(a)(2). Technical representatives will review and evaluate Motorola's proposal to support the price fair and reasonable determination. Although certified cost and pricing data is exempt based on commerciality, the Contracting Officer will request other than certified cost and pricing data from Motorola. Motorola will be required to provide a technical approach that will be evaluated by the technical evaluator to ensure that Motorola understands the requirement and the proposal meets the requirements identified in the PWS.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

As described in Section VI above, market research, in accordance with FAR Part 10, was conducted by posting a Sources Sought Announcement on the Government Point of Entry website www.fbo.gov. A search for “Motorola”, "Department of the Air Force", and NAICS “334220, Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing" on FPDS.gov was performed. The search revealed numerous relevant contracts and purchase orders awarded.

The search revealed multiple Air Force awards to Motorola for portable radio maintenance, systems upgrade and Information Assurance Support.

The Government will receive better pricing for the LMR maintenance requirement if it were to directly contract with Motorola vs. going through a prime to Motorola. If awarded to anyone besides besides Motorola the Government would be paying another contractor to manage the contract thereby adding another layer in the process which will not provide any benefit to the Government.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

If the Government does not go sole source to Motorola but instead uses another company as a prime contractor to sub to Motorola, the Government will have to pay unnecessary pass through costs.

X. List of any sources that expressed, in writing, an interest in the acquisition.

N/A for LMR maintenance and repair; however, there were questions to the Synopsis that were answered and posted.

It is apparent that all other competitors intend to subcontract the LMR services to Motorola; therefore, the Government has determined that it is in the Government's best interest to pursue a sole source action directly with Motorola.

Sole Source (Including Brand Name) Justification - Simplified Procedures for Certain Commercial Items

25 May 2018 FOR OFFICIAL USE ONLY Page 4 of 4

XI. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before making subsequent acquisitions for the supplies or services required.

It is anticipated that the sole source nature of LMRs operations and maintenance and associated services will continue to be required once this purchase order has ended in 2021. Until the Air Force changes the entire infrastructure at significant cost, this requirement will remain sole source to Motorola due to the proprietary nature of the equipment and supporting software.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.