Frequentis VCS Warranty JA_Redacted.pdf

Justification and Approval (J&A) for Other Than Full and Open Competition

CONTROLLED UNCLASSIFIED INFORMATION

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 4August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 2 of 4

I. Agency and Contracting Activity.

764th Enterprise Sourcing Squadron Jefferson Ave. Bldg 413 Ramstein AB, Germany 66877

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

USAFE-AFAFRICA A3AA (Airfield Operations Branch) requires continued warranty and 24/7 help desk support for its ten (10) Frequentis VCS3020 IVS-IP Voice Communication Switches that were fielded by Frequentis Defense Industries (FDI) under the Persistent Multi-Role Operations (PMRO) Task Order 47QFCA20F0003. Currently the sustainment was funded under the Instrumentation Range Support Program (IRSP) Supply Indefinite Delivery Indefinite Quantity (IDIQ) contract under Delivery Order FA252125F0088, and was only priced out for one 12-month cycle for each site's sustainment costs.

Because the IRSP IDIQ is a supply contract, it does not contain the FAR 52.217-8 "Option to Extend Services" clause, preventing a simple extension of the current warranties.

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

FDI will provide continued Basic Warranty and 24/7 Help Desk Phone Support for the ten (10) operational VCS3020 IVS-IP Voice Communication Switches in the Air Traffic Control (ATC) Towers throughout the USAFE Area of Responsibility (AOR).

The warranty costs, based upon Frequentis's Basic Option, include: Standard Warranty coverage for covered hardware, software and ancillary equipment that was delivered under the original fielding contract. Frequentis's basic offering covers repair and replace items, at no additional costs on all hardware components that fail due to system anomalies. The warranty explicitly excludes items that fail due to normal wear and tear, user mishaps/misuses, excessive strain, environmental, chemical, electro-chemical, electro-magnetic, or any other influences in excess of normal technical specifications of equipment. The basic option also includes site-level corrective maintenance for issues that cannot be addressed via the standard technical support line; basic repair service/depot level maintenance to repair components of covered LRU items.

The warranty includes an enhanced 24/7 Technical Support Line (TSL) for system troubleshooting, with a defined escalation path for catastrophic service events.

IV. Demonstration that the contractor's unique qualifications or the nature of the acquisition requires use of the authority cited above.

The authority for this action is FAR 6.103-1, "Only one responsible source and no other supplies or services will satisfy agency requirements," as established by the Revolutionary FAR Overhaul (RFO) was implemented as of 1 Feb 2026. This authority is justified for the following reasons:

OEM Exclusivity: FDI is the Original Equipment Manufacturer (OEM) of the proprietary VCS3020 IVS-IP Voice Communication Switch.

Nature of the service: While the initial warranty was attached to products resold by an authorized party via IDIQ DO FA252125F0088, the required warranty extension for a standalone contract and must be provided by the OEM or otherwise executed by the 45th Contracting Office at Patrick SFB, Florida, who administers the subject DO. No other vendor may provide the warranty services required to continue sustainment of these systems at the 10 USAFE Operating Locations. As the OEM, FDI is the only entity authorized to provide the warranty and ensure system integrity.

Commerciality: Under DO FA252125F0088, FDI validated that they meet the criteria under FAR 2.101(b) that their product is a commercial item, because it is a non-developmental item that was developed exclusively at the company's private expense, and sold in substantial quantities in the commercial marketplace.

V. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under

FAR 5.202 applies.

A Sources Sought was posted on SAM.gov for seven calendar days. Two vendors (Oneida Technical Solutions and BHPE LLC)

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 4August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 3 of 4 provided capability statements via email to the Contracting Officer, and were sent RFI questions to determine capability.

Oneida stated that the terms of their SBA approved Mentor/Protege agreement with Frequentis, prohibits them from competing for this requirement unless the government has a preference for small businesses in the solicitation. BHPE LLC did not provide a response. Consequently, no viable alternative sources were identified through this process.

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

The Contracting Officer will determine fair and reasonable pricing using the evaluation techniques at FAR 12.203(a)(3). This will involve evaluating prices that include transportation charges from the shipping point of the supplier to the delivery destination. While prompt payment discounts will be sought to the maximum extent practicable, they will not be included in the evaluation of the prices of quotations or offers.

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

The Procuring Contracting Officer conducted market research through email discussions with the Contracting Officer on the delivery orders containing the current warranties, through email discussions with a sales representative from BAE as the existing contract holder, and through email discussions with an FDI sales representative. The Procuring Contracting Officer also posted a Sources Sought on SAM.gov for seven calendar days; and conducted Internet searches on the General Services Administration (GSA) 2nd Generation Information Technology (2GIT) IDIQ and the Air Force Installation and Mission Support Center (AFIMSC) Base Operations Support - Information Technology (BOS-IT) Blanket Purchase Agreement (BPA). This comprehensive research confirmed that only FDI, the OEM, is capable of providing the necessary warranty services for it proprietary VCS3020 IVS-IP Voice Communication Switches.

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

None

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

Two vendors expressed interest in the acquisition: Oneida Technical Solutions and BHPE LLC. The Procuring Contracting Officer sent each of them follow-up capability inquiries. Oneida Technical Solutions responded that per the terms of their SBA approved Mentor/Protege agreement with FDI, they are ineligible to participate in the competition for the requirement unless the government has a preference for small businesses in the solicitation. BHPE LLC failed to respond to the follow-up capability inquiries.

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

We will continue to perform market research to look for ways to overcome any barriers that led to restricted consideration before subsequent acquisitions for the requirement.

XI. Certification by the Contracting Officer.

As evidenced by my signature above, I certify that this justification is accurate and complete to the best of my knowledge and belief.

XII. 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.

August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 4August 2023 CONTROLLED UNCLASSIFIED INFORMATION Page 4 of 4