LMR_J A.pdf

Justification for an Exception to Fair Opportunity

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

Is this a brand name product justification? Yes No If yes, please provide the following information.

Brand Name Product Title:

Motorola Land Mobile Radios

Brand Name Product Description:

Enterprise Land Mobile Radios and supporting accessories for 1 CBCS, Ramstein AB, Germany. Delivery will be made to Ramstein AB, Germany.

1. Contracting Activity: 700th Contracting Squadron

2. Purchase Request: F3N6025210AC01

3. Program Name (and Program Element, if applicable): Land Mobile Radios, Ramstein AB, Germany

4. Estimated Cost/Price of the Order (including options):

5. Type Program (see AFFARS 5302.101 for definitions): PEO Program Other Contracting

6. Fair Opportunity Exception: FAR 16.505(b)(2)(i), subparagraph (A) (B) (C) (E)(D)

7. Type Determination: Class Individual

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(1) Contracting Activity:

700 CONS, Ramstein AB, Ramstein, Germany.

(2) Nature and/or description of the action being approved:

The 700 CONS intends to award a new Firm-Fixed-Price Delivery Order for brand name Motorola Land Mobile Radio (LMR)

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

equipment via the Air Force Network-Centric Solutions-2 (NETCENTS-2) Products Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract. The basic award contract number and order number will not be known until award.

(3) Description of the supplies/services required to meet the agency's needs:

This requirement is for the purchase of handheld LMRs and supporting accessories for the 1st Combat Communications Squadron, Ramstein Air Base (AB), Germany. Delivery of all items will be made to Ramstein Air Base, Germany no later than 45 days after award. In total, this requirement calls for the purchase of:

200 - Motorola APX 7000 Radios and Accessories (chargers/batteries), 12 - KVL 4000 Encryption Key Loader, Various support portable accessories (antennas, remote speakers, software) , The total estimated value of the order is . This estimate includes any discounts for the trade-in of old LMRs.

Air Force Instruction (AFI) 63/20-101 and Air Force Manual (AFMAN) 33-153 mandate the use of NETCENTS-2 for all purchases of information technology. Specific to this requirement, the NETCENTS-2 Products IDIQ contains Contracting Line Item Number (CLIN) 0100, which is for "Network Equipment." The performance period under the IDIQ for this CLIN is 6 Nov 13 - 5 Nov 16.

According to the NETCENTS-2 Products Ordering Guide, CLIN 0100 includes the purchase of LMRs. For this reason the NETCENTS-2 Products IDIQ will be utilized for the purchase of the required LMR equipment and accessories.

(4) Identification of the exception to fair opportunity and the supporting rationale:

The exemption to fair opportunity is found at FAR 16.505(b)(2)(i)(B), which states, "Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized."

In June 2011, USAFE-AFAFRICA/United States Army Europe (USAREUR) implemented a theater-wide Motorola LMR network upgrade that supports USAFE-AFAFRICA and USAREUR installations in their day to day LMR activities. Motorola brand systems require utilization of the same proprietary brand components to ensure 100 percent interoperability and functionality of the system. Since the upgraded USAFE-AFAFRICA/USAREUR LMR network is a Motorola ASTRO25 Secure Integrated Voice and Data Release 7.13 network, only Motorola infrastructure may be connected to it. The system is to be used throughout EUCOM and AFRICOM with Advanced Encryption Standard (AES) Digital Encryption for transmission of For Official Use Only and Personally Identifiable Information as required by AFI 33-590. While a different brand of infrastructure would allow voice transmission within AES, it would not allow for Motorola's Over-the-Air-Programming (OTAP), Over-the-Air-Rekeying, and Link Layer Radio Authentication currently in place on the USAFE-AFAFRICA/USAREUR LMR network. Utilizing a different vendor's OTAP solution would require additional system integration and training costs, as well as invalidating the system's Information Assurance certification. This initiative is due to increased cost in deployment and sustainment of single Internet Protocol based Trunked LMR systems at each location. USAFE-AFAFRICA's existing inventory of Trunked LMR subscribers is valued at $68.7M and LMR infrastructure is valued at $27.6M. Procuring this essential brand of equipment avoids the inherent re-procurement costs of replacing the current Motorola infrastructure supporting this type of communication.

(5) Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

CLIN pricing is not included in the NETCENTS-2 Products IDIQ. Prior to award, a price fair and reasonable determination will be performed by the Government utilizing FAR approved methods. Based on the market research the Contracting Officer believes there will be adequate competition which would allow the comparison of proposed prices received in response to the solicitation. In accordance with 15.404(b)(3) this is the preferred price analysis technique. If necessary, FAR approved methods of price analysis such as comparison of the proposed prices to historical prices paid and the Independent Government Estimate will be used. However, the Government is not limited to these techniques and will utilize all available methods approved by FAR 15.404-1(b).

FOR OFFICIAL USE ONLY

FOR OFFICIAL USE ONLY

(6) Other facts supporting the justification:

Research and historical experience has shown that there are compatibility issues between manufacturers of this type of equipment. If another brand were purchased, it would prevent current radios from meeting encryption compliance which alone would cause procured radios to be shelved. Recent similar LMR system upgrades indicate that there are no other LMR system manufacturers capable of providing third party solutions proven to fully integrate with Motorola systems and provide 100 percent interoperability and functionality with all components/features. This combined with the USAFE-AFAFRICA/USAREUR initiative for an enterprise LMR network requires all integrated locations within the theater to be fully compatible with the existing Motorola ASTRO25 Secure Integrated Voice and Data Release 7.13 network. Without this infrastructure and other associated enterprise LMR network devices the 1st Combat Communications Squadron would not have complete control of LMR communications, which would create safety and operational security hazards, which would result in significant adverse impacts to the site's first responders, communications prior to, during and after attacks/threats, etc.

(7) Actions the agency may take to remove or overcome any barriers to increasing fair opportunity before any subsequent acquisition for the supplies or services:

USAFE-AFAFRICA's existing inventory of LMR hardware, subscribers and infrastructure is valued at $96.3M. In order to make any conversions from Motorola, all of this $96.3M worth of LMR hardware, subscribers and infrastructure in USAFE-AFAFRICA would have to be replaced with vendor-compatible equivalents. Replacement of this infrastructure would be a substantial duplication of costs because a fully functional network is already in existence for USAFE-AFAFRICA. Therefore, the continued use of Motorola LMR hardware is in the best interest of the Government. Therefore, brand specific Motorola LMRs are required.

(8) Contracting Officer's certification that the justification is accurate and complete:

The Contracting Officer's signature on the signature page provides evidence that he/she certifies that the justification is accurate and complete to the best of his/her knowledge and belief.

(9) Certification of technical/requirements personnel that supporting data is accurate and complete:

As evidenced by his/her signature on the signature page, the Program Manager certifies that any supporting data contained herein, which is his/her responsibility, is both accurate and complete.

(10) Determination by the approving official that one of the circumstances in FAR 16.505(b)(2)(i) applies to the order

As evidenced by my signature on the signature page, I hereby determine that the fair opportunity exception checked in block 6 (Page 1) applies.