FY20-0360 Final_.pdf

OPOAM 3016.505-90(a)(2)(iv) Justification for Brand Name Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(a)(4)

JEFO No. FY20-0360 Rev. 2/5/2016

JEFO No.: FY20-0360

Date: 8/27/2020 PR Number: 192120ITD000P0033

1. Agency and Contracting Activity. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for an Exception to Fair Opportunity.”

The Department of Homeland Security (DHS), Management Directorate/Federal Protective Services/Information Technology Division has prepared this justification for an exception to fair opportunity.

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

DHS/MGMT/FPS intends pursue limited competition and award of an IDIQ Task Order.

Pursuant to FAR 16.505(a)(4), FPS endeavors restricting consideration only to Vendors able to provide Motorola APX Consolettes, peculiar to this manufacturer. According to FAR 16.505(a)(4), a brand name item, even if available on more than one contract, is an item peculiar to one manufacturer and must be justified.

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

The requirement is to provide Motorola, all-band APX Consolettes and associated components. The IGCE is $499,684.00.

4. Identify the exception to fair opportunity and supporting rationale. Only one awardee is capable of providing the supplies required at the level of quality required because the supplies ordered are unique or highly specialized pursuant to FAR16.505(b)(2)(i)(B) and is an item peculiar to one manufacturer:

DHS/MGMT/FPS intends to procure a brand name specification for Motorola APX Consolettes pursuant to FAR 16.505(b)(2)(i)(B), because the Motorola brand is unique and highly specialized, peculiar to the Original Equipment Manufacturer (OEM). The brand name must be used because Motorola APX Consolettes are the only product which can be integrated into the existing Motorola core infrastructure with multiple interfaces allowing connectivity to divergent systems. DHS network architecture, maintenance platforms, and configuration systems require the use of this product to ensure interoperability with other DHS systems at all data centers. The Motorola APX Consolettes must be configured in accordance with DHS/MGMT/FPS system architecture requirements. The results of the market research indicate similar products offered by other companies lack the particular feature(s) required; and do not meet, or cannot be modified to meet, the needs of DHS.

Specifically, none of the other products are able to interconnect and function with current

DHS network architecture, maintenance platforms and configuration. Procuring an al ternate product to Motorola APX Consolettes would require complete infrastructure replacement with a significant increase in cost.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The contracting officer has determined that the purchase of the Motorola all band APX Consolettes product on TACCOM II represents fair and reasonable pricing to meet the Government’s needs.

6. Any other facts supporting the justification.

There are no additional facts to support this justification.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

Going forward, DHS intends to procure new software, technical data packages, data rights, and source codes in support of this functionality. This will allow the Government to seek competition in future acquisitions for the same type of support, thus eliminating the barriers to competition.

8. DHS intends to provide fair opportunity to all TACCOM II vendors, a DHS mandated strategic sourcing vehicle in accordance DHS Management Directive 060-01 and TACCOM II associated ordering guide.

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Representative/COR Date

10. Contracting Officer Certification and/or Approval *

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief and hereby determine that the circumstances for an exception to fair opportunity exist:

Contracting Officer Date