FAR_Part13_5_Sole Source Justification_20220907_Rev 2_Redacted.pdf

(Source Selection information - See FAR 2.101 and 3.104-4)

Sole Source Justification and Approval Review Document Under FAR 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: U.S. Southern Command (SOUTHCOM), Joint Task Force Guantanamo (JTF-GTMO), Intel & Security. The effort is to secure leased hardware, software, and field support of a radio frequency (RF) signal detection and suppression capability at JTF-GTMO, Naval Station Guantanamo Bay (NSGB).

Authority: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5.

Amount: Estimated

Prepared by:

Name: DSN:

Title: Date Reviewed: 6 /28 / 2022 E-mail:

Technical Representative:

Name: DSN:

Title: Date Reviewed: 6/30/2022

Requirements Representative:

Name: DSN:

Title: Date Reviewed:6 /30/ 2022

Contracting Officer:

Name: DSN:

E-Mail: Date Reviewed: 8/23/2022

Subject: Signal Suppression Capability for (JTF-GTMO), Intel & Security, Naval Station Guantanamo Bay (NSGB)

(Source Selection information - See FAR 2.101 and 3.104-4)

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: 410th Contracting Support Brigade, Regional Contracting Office � Miami, 9301 SW 33rd Street, Doral, FL 33172

2. Description of Action: JTF-GTMO requests a new license and field support services contract with reimbursable line items for Defense Base Act Insurance, travel, spare equipment parts for the license of hardware and software to include installation of an RF signal detection and suppression system with , mailing address: The Government projects award for August 2022 using Fiscal Year (FY) 2022, Operation and Maintenance (O&M), Army funds for this effort.

3. Description of Supplies/Services: It is SOUTHCOM�s intent to Sole Source an automatic RF monitoring, detection, locating, and suppression Commercial off the Shelf (COTS) solution from TalkTelio that is specifically designed and tested for the operational environment. The TalkTelio product is currently installed in and operational at State and Federal Correctional Facilities within the United States of America.

4. Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: This requirement must be fulfilled with equipment and software that accomplishes demanding, precision-controlled monitoring, detecting, locating, and suppression of all frequencies of interest within and not extending beyond the Area of Coverage (AOC) concurrently.

TalkTelio LLC is both a security technology manufacturer and an integrator of the specialized security equipment required to accomplish this mission. TalkTelio is the sole source of all technical data for these products. TalkTelio utilizes a proprietary communication protocol between all devices to provide the service. Specific knowledge of this proprietary information is necessary to maintain the system.

Due to the sensitivity and specialized nature of this requirement, significant barriers to competition exist. Other competing solutions are not hardened for the environment, do not have the necessary precision control, do not cover the full spectrum required, and are not able to avoid impacting the communication networks outside the area of coverage.

6. Efforts to Obtain Competition: The proposed contract action is made under the conditions for purchases using Simplified acquisition 13.5. There are no authorized resellers for TalkTelio products and services. TalkTelio products do not have independent distributors, dealers, authorized re-sellers, or authorized installers who have the ability to independently, sell, install, Guantanamo Bay (NSGB) or maintain TalkTelio-brand products, nor do they have any teaming agreements that would allow other access to their technology.

7. Actions to Increase Competition: As the current system is of a proprietary nature with no known technical alternatives, the Government cannot feasibly seek competition for this directed requirement.

8. Market Research: Previous market research consisted of communications between the Government and security firms who have experience with technologies that are intended to provide similar services for secure facilities within other governmental organizations. The results revealed there are vendors that offer security capabilities (or can partner with outside entities) to potentially fulfill the end-to-end, integrated physical security requirement. TalkTelio, however, is the only manufacturer of the technology that is specifically, and purpose designed for the Government�s requirements, requires no development, has no negative impact on other communication networks, and is effectively securable and concealable. It is custom made for exactly this mission and has a proven track record with the Federal Bureau of Prisons and other state correction facilities.

9. Interested Sources: Market research indicated there are other interested sources however TalkTelio is the only manufacturer of the technology designed to meet the Government requirement.

10. Procurement history: None. This is a new requirement.

11. Technical Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

12. Requirements Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Certified cost or pricing date is not required as defined in 2.101(b)(2). The determination will be made using price analysis in accordance with FAR 13.106-3(a)(2)(ii), a comparison of similar items on previous

Guantanamo Bay (NSGB) procurements, (iii), Current price list such as GSA price schedules, (vi) Comparison to the IGCE and (vii) any other reasonable basis such as other than certified cost or pricing data.

Contracting Officer Certification/Approval: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Based on the foregoing justification, I hereby approve the procurement of a licensing agreement for the signal suppression system with a 5-year estimated amount of on another than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented by FAR 13.501, and provided that the services and property herein described have otherwise been authorized for acquisition.

Reviews

I have reviewed this justification and find it adequate to support sole source.

Legal Counsel:

Approval

Based on the foregoing justification, I hereby approve the procurement of the JTF-GTMO RF Suppression Support on a sole sources basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 US.S.C 1901 as Implemented by FAR 13.5, Sole Source, and provided that the supplies herein described have otherwise been authorized for acquisition.