A04._Sole_Source_Justification_-_E.F._Johnson_REDACTED.pdf

DEPARTMENT OF DEFENSE

WASHINGTON HEADQUARTERS SERVICES

1155 DEFENSE PENTAGON

WASHINGTON, DC 20301-1155

ACQUISITION DIRECTORATE

May 17 th

, 2016

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Identification of Agency and Contract Activity

The Department of Defense (DoD), Washington Headquarters Services, Acquisition Directorate

(WHS/AD) is the contracting activity. The requirement is for the Pentagon Force Protection

Agency (PFPA).

2. Description of the Action

WHS/AD proposes to issue a sole source purchase order, utilizing a firm-fixed-price (FFP) contract type, to E.F. Johnson Company (1440 Corporate Dr., Irving, TX, 75038-2401) without using full and open competition in an effort entitled “Expansion of StarGate Land Mobile Radio

(LMR) Interoperability System and Installation.” The anticipated period of performance will be to deliver and install the StarGate LMR Interoperability Systems within one hundred and thirty-five (135) days from the date of award. The StarGate LMR system was originally procured for

PFPA via contract award HQ0034-09-F-3001 on 08 October 2008, which was made by

WHS/AD; expansion of the StarGate LMR system is now needed.

3. Background

The Pentagon Force Protection Agency is responsible for providing law enforcement and force protection services on the Pentagon Reservation and other facilities in the National Capital

Region (NCR). This requires the means to communicate with other Federal, State and Local first responders during natural and manmade events utilizing LMR to effectively communicate Law

Enforcement Sensitive information with a potential impact to national security. The E.F. Johnson

Company-owned StarGate LMR system is utilized for interoperability radio communications coverage by PFPA, in the NCR, for direct communications with Police, Fire, and Medical first responders. If the expansion of the StarGate LMR system is denied, the system will face potential degradation of interoperability communications services with Federal, State and Local first responders. Degradation of interoperability communications can create unmet needs and loss of life due to failed communications for Department of Defense (DoD) first responders and

Federal, State and Local responders assisting DoD during natural or manmade emergencies and/or incidents.

4. Description of the supplies/services required

The anticipated sole source purchase order award to E.F. Johnson Company is to provide expansion of StarGate LMR interoperability systems and installation to various duty stations to include: the Pentagon Emergency Response Center (PERC), located at the Pentagon in

Arlington, VA; Raven Rock Mountain Complex (RRMC), located in Adams County, PA; and the Mark Center, located in Alexandria, VA. Specifically, E.F. Johnson Company will provide the following products and, subsequently, install them:

The PERC site will consist of the following equipment and installation services:

o (1) ATLAS 6200 Advanced Network Management System o (1) ATLAS 7000 Stargate Console (Windows 7) o (1) HM Supervisors Connection Interface Module o (1) HM Operator Connection Interface Module o (1) Monitor, 19” LCD o (2) Headset Microphone PTT and Amplifier o (2) Headset Microphone Assembly, Voice Tube o (2) Headset Microphone Assembly, W/Noise Canceling o (2) ABOB-HIB Interface Cable o (1) Custom Case – Rolling Locking cart for Stargate Console o All cabling and electrical work will be compliant with Federal, State and Local code.

o The vendor will provide Engineering, Staging, Installation, Warranty and Maintenance.

The RRMC site will consist of the following equipment and installation services:

o (2) ATLAS 7000 Stargate Console (Windows 7) o (1) HM Supervisors Connection Interface Module o (1) HM Operator Connection Interface Module o (1) Monitor, 19” LCD o (2) Headset Microphone PTT and Amplifier o (2) Headset Microphone Assembly, Voice Tube o (2) Headset Microphone Assembly, W/Noise Canceling o (2) ABOB-HIB Interface Cable o (2) Viking VHF Mobile Radio Control Stations o (4) ES-5300 UHF Mobile Radio Control Stations o (3) Viking 7/800 Mobile Radio Control Stations o (9) ATLAS 8300 Mobile Radio Gateway o (1) Rack with power supply for Control Stations o (3) Short Haul Control Station Combiners o (1) Cisco 2960 Network Switch, Configured o Antenna(s) and Feedline equipment and associated connectors, adaptors, grounding, etc.

o All cabling and electrical work will be compliant with Federal, State and Local code.

o The vendor will provide Engineering, Staging, Installation, Warranty and Maintenance.

The Mark Center site will consist of the following equipment and installation services:

o (1) ATLAS 7000 Stargate Console (Windows 7) o (1) HM Supervisors Connection Interface Module o (1) HM Operator Connection Interface Module o (1) Monitor, 19” LCD o (2) Headset Microphone PTT and Amplifier o (2) Headset Microphone Assembly, Voice Tube o (2) Headset Microphone Assembly, W/Noise Canceling o (2) ABOB-HIB Interface Cable o (2) Viking VHF Mobile Radio Control Stations o (4) ES-5300 UHF Mobile Radio Control Stations o (3) Viking 7/800 Mobile Radio Control Stations o (9) ATLAS 8300 Mobile Radio Gateway o (9) 13.8V DC Power Supplies o (3) Short Haul Control Station Combiners o (1) Cisco 2960 Network Switch, Configured o Antenna(s) and Feedline equipment and associated connectors, adaptors, grounding, and other ancillary equipment.

o All cabling and electrical work will be compliant with Federal, State and Local code.

o The vendor will provide Engineering, Staging, Installation, Warranty and Maintenance.

The Contractor shall provide all labor, supervision, and quality control necessary to provide delivery and installation of the StarGate consoles and interoperability systems. The Contractor shall be directly responsible for ensuring the accuracy, timeliness, and completion of all tasks under this effort; this requirement does not perform inherently governmental functions. In accordance with FAR 37.104, personal services are prohibited and will not be performed under this contract.

Moreover, the services performed shall conform to the requirements and the resulting work products shall conform to all applicable Federal, DoD, WHS, state and local regulations and policies including, but not limited to, the Federal Acquisition Regulation (FAR), the Department of Defense Federal Acquisition Regulation Supplement (DFARS), and other DoD policy and supplemental regulations as appropriate.

The total estimated dollar value for this effort is $XXXXXXXXX (with a potential variance of

+/- 5%), which accounts for the delivery and installation of the needed StarGate systems within one hundred and thirty five (135) days.

5. Statutory Authority

The statutory authority for this non-competitive action is the Simplified Procedures for Certain

Commercial Items (41 U.S.C. 1901) as implemented in FAR 13.501, “Special Documentation

Requirements.”

6. Applicability of Authority

Failure to issue a sole source purchase order award to E.F. Johnson Company would create an unacceptable lapse in service for interoperability communications for PFPA and other first responder entities. The PFPA E.F. Johnson StarGate LMR system was installed by the E.F.

Johnson Company in 2008 and has been maintained by the company ever since. E.F. Johnson has not authorized other contractors to perform installation services or maintenance on the StarGate

LMR system at this time; the StarGate LMR system is proprietary in nature to E.F. Johnson. E.F.

Johnson’s proprietary status was confirmed on 12 May 2016 by letter from its Bids and Proposal

Manager. The needed expansion of the StarGate LMR system, aforementioned, can only be performed by E.F. Johnson Company and the expansion of the StarGate LMR system itself needs to continue to utilize StarGate-specific consoles to sustain functionality and seamless integration across the LMR system. There are other LMR system providers in the marketplace, but none unique to the StarGate LMR system, which is proprietary to E.F. Johnson Company. Attempting to configure a different brand console into the currently established LMR system enterprise would: 1) not be functional; and 2) be very costly to assess a new baseline with new equipment.

7. Effort to Solicit Potential Sources

A “Notice of Intent to Sole Source” was posted to the Government-Wide Point of Entry (GPE) website, Federal Business Opportunities (FBO), on 02 May 2016 and closed on 16 May 2016 in accordance with FAR 5.203(a). On 03 May 2016, a vendor responded to the Notice indicating that it could provide an alternate LMR interoperability system, and associated installation, which could meet PFPA’s requirements. However, on 11 May 2016, the Government responded by email informing the vendor that it is the Government’s intent to still sole source this action to

E.F. Johnson Company because: 1) the alternate product presented is not compatible with the

E.F. Johnson StarGate LMR system currently owned by PFPA and would require replacement of the system to implement the new product, which would significantly raise costs; and 2) the particular proposed product did not fully meet the requirements of the current system in place.

The vendor did not provide any further comment after the Government response. Additionally, the vendor could not provide the specifically needed StarGate LMR system and consoles.

Moreover, at this time PFPA is not in a position to reevaluate its current StarGate LMR system to consider other possible replacement systems. As the StarGate LMR system is the current configuration in place and substantial funds and resources have been invested in the system for many years, it will remain in place as long as it meets the continued requirements of PFPA. E.F.

Johnson will remain the sole source provider of the StarGate LMR system unless it opens its sales structure to authorized resellers.

8. Market Research

Due to the urgency of this proposed contract action, market research has been limited to the pre-solicitation notice aforementioned. E.F. Johnson Company is the sole source provider of the

StarGate LMR system and installation, so it is known that market research would not produce another viable vendor to provide the needed StarGate LMR system and installation.

9. Other Facts

WHS/AD and PFPA were contacted by the United States Army LMR Program Office on 03 May

2016 in response to the “Notice of Intent to Sole Source” posted on FBO. The Army point of contact provided guidance that indicated that any requirement involved with LMR in the DoD must be procured by the Army Contracting Command (ACC). However, after further review by the PFPA technical team and Army LMR Program Office, it was determined that PFPA’s

StarGate LMR system requirement did not apply to the Army guidance because PFPA does not utilize the StarGate system to connect to the Army NCR LMR system and, therefore, the requirement does not fall under the Army LMR Program Office purview.

10. Price Reasonableness

The cost to the Government will be determined to be fair and reasonable in accordance with

FAR 13.106-3(a)(2)(ii) and FAR 13.106-3(a)(2)(vi). In making a fair and reasonable determination, the Government will utilize pricing from recent requirements for the similar effort. Further, the Government will conduct a full price analysis by comparing the received cost to its independent Government cost estimate (IGCE), which was developed through sound market research and historical data, prior to award.

Technical Certification

I certify that the data and information forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

Captain (CPT) Jerry Maryott Date

Contracting Officer’s Representative (COR)

PFPA

Contracting Officer Certification & Determination

I certify that the data and information forming the basis for this justification are accurate and complete to the best of my knowledge and belief.

Isiah Mack Date

Contracting Officer

WHS/AD