JA24-017 OTFAOC_832367901_Redacted.pdf

Reference Number: 832367901 JA24-017 Title of Procurement: CNIC ELMR Sustainment Contract

CUI

Page 4 of 8 Pages to direct status messages to a remote monitoring facility. Only Motorola has the knowledge and expertise to make the configuration change.

Troubleshooting the system requires pulling logs, capturing data streams and reimaging disks. Since the software is proprietary, only Motorola can perform these functions. Furthermore, DoD 8500.2 Information Assurance Implementation requires the ELMR program to maintain cybersecurity compliance. Since Motorola’s software and firmware are proprietary, only Motorola has the expertise and facilities to test and validate Information Assurance Vulnerability Alert, Assured Compliance Assessment Solution scan results, and provide proper settings and/or mitigations to the vulnerability results. Correction of any security patches requires access to the source code, which is proprietary to Motorola.

Motorola considers their equipment to be commercial items that were developed at their own expense. The software that operates the equipment is proprietary Motorola refrains from sharing its intellectual property, including patents and proprietary technologies to safeguard its technological advancements. While the Government obtained a license to use the software, the Government cannot perform patching and maintenance on the Motorola Proprietary Code, nor can the Government provide the software to a third-party vendor to perform patching or sustainment of the proprietary code. The third-party vendor would have to subcontract work back to Motorola, leading to increased cost to the Government.

Additionally, Motorola was contacted on May 24, 2023, and advised of the following as it relates to the sole source situation: “Sustainment of the system and meeting all contract requirements requires constant configuration management of proprietary software for cybersecurity health maintenance of the system, upgrading the system, routine maintenance, break-fix, troubleshooting and monitoring. Only Motorola has the knowledge and expertise to meet these requirements, make configuration changes and maintain the system per contract requirements.”

(3) Discussion regarding cause of the sole source situation. The Motorola ELMR system has previously been acquired and requires maintenance and sustainment by Motorola due to the proprietary nature of the system. This is a follow-on acquisition of the maintenance and sustainment services that have been sole sourced to Motorola since December 2012.

(4) Impact. In accordance with FAR 6.302-1(a)(2)(ii), procurement of LMR services from any other source would result in duplication of cost to the Government in the amount of approximately in infrastructure costs and approximately in Government labor for design and contract deliverable reviews, safety and quality assurance oversight and commissioning. Cost savings would not be recovered through competition and would result in unacceptable delays in fulfilling the agency’s requirement. This estimate includes the cost to replace proprietary Motorola equipment at the Navy’s repeater and dispatch console sites, network switching

Page 5 of 8 Pages centers, system management terminals, and key management terminals. Schedule delays at a minimum of four years could be expected to award a new contract, demonstrate replacement equipment compatibility with existing systems, manufacture equipment, obtain frequency licenses, install equipment, operationally test the system, and re-train all users on how to operate the new system. This additional time would result in an unacceptable gap in emergency service response capabilities, which could lead to an increased risk to the loss of life.

Due to the proprietary nature of the software and firmware, there would be no benefit to the Government by soliciting this requirement as an unrestricted procurement.

6. CONTRACT OPPORTUNITIES ANNOUNCEMENT/POTENTIAL SOURCES:

In accordance with DFARS PGI 206.302-1, a Notice of Intent (NOI) to sole source was posted to SAM.Gov on August 23, 2023. At time of closing on September 7, 2023, no responses were received.

7. DETERMINATION OF FAIR AND REASONABLE COST:

In coordination with DITCO’s Cost and Pricing Branch (PL842) and the technical evaluation team, the contracting officer will make a determination on whether the cost/price is fair and reasonable. In order to do so, a price analysis (to include comparison of prices obtained through historical data, market research, and comparison to the Independent Government Cost Estimate and existing labor rates) will be utilized. The contracting officer and contract specialist (in conjunction with the cost/price analyst) will ensure that the resulting negotiated price is fair and reasonable to the Government.

8. MARKET RESEARCH:

Market research was conducted to determine if there were other companies in the marketplace that could provide the specialized services required for this procurement. Additionally, a NOI to sole source to Motorola was posted to SAM.Gov on August 23, 2023. At time of closing on September 7, 2023, no responses were received.

Based on the market research, it has been determined that only Motorola can provide the aforementioned ELMR sustainment services. Motorola is the manufacturer of the primary equipment in the ELMR system. Motorola’s products are commercial items and developed at Motorola’s expense; in addition, the software that operates the equipment is proprietary and while the Government obtained a license to use the software, the Government has restricted rights and cannot manipulate the software nor provide third party vendors the software. Further, Motorola does not allow authorized resellers to access or use their proprietary software.

Therefore, a sole source acquisition to Motorola is the most advantageous approach for the Government and is recommended for this requirement.

9. ANY OTHER SUPPORTING FACTS:

Page 7 of 8 Pages

Contract/Task/Delivery Order Number:

Brief Description: Provide program management, system engineering, network monitoring, cybersecurity management, sustainability and preventative maintenance management, and technical support.

Contractor: Motorola Solutions, Inc.

Business Type: LB Life Cycle Contract Value:

Period of Performance (including all options):

December 28, 2015 – December 27, 2019

Contract Type: FFP Competition: Limited/Sole Source Contract Vehicle: Open Market

Contract/Task/Delivery Order Number:

Brief Description: Provide program management, system engineering, network monitoring, cybersecurity management, sustainability and preventative maintenance management, and technical support.

Contractor: Motorola Solutions, Inc.

Business Type: LB Life Cycle Contract Value:

Period of Performance (including all options):

December 28, 2012 – December 27, 2015

Contract Type: FFP Competition: Limited/Sole Source Contract Vehicle: Open Market

CNIC will continue to monitor and conduct market research for alternative solutions that meet the Government’s requirements for future competition. Market research will also be conducted prior to exercising the option period(s) for this contract, and the results of this market research will be presented to the contracting officer to determine if exercising the option period is in the best interest of the Government.

(b) All prior sole source contract awards via NAVFAC EXWC and DISA/DITCO have supported direct contracting to Motorola. As stated above, CNIC has made capital investments in excess of since 2007 on the Motorola ELMR System. Any other contractor would be required to subcontract to Motorola to support and sustain the system software and will lead to duplication of cost to the Government.

Controlled By: PSD/PL8312 CUI Category: PROCURE Distribution/Dissemination Control: FEDCON POC: disa.scott.ditco.mbx.it-requirements@mail.mil

TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE:

TITLE/ORGANIZATION: C3P Ashore COR, CNIC HQ, N611

PHONE: DATE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE:

TITLE/ORGANIZATION: Branch Head, C3P Ashore Program, CNIC HQ, N61

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

NAME: SIGNATURE:

TITLE/ORGANIZATION: Contracting Officer, DISA/DITCO/PL8312

SENIOR PROCUREMENT EXECUTIVE APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this justification for OTFAOC exceeds $100M, this review serves as approval.

NAME: SIGNATURE:

TITLE/ORGANIZATION: Senior Procurement Executive (SPE), DISA

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO:

Kailee Rickhoff,