JOFOC_Motorola Hub_REDACTED.doc

RECOVERY ACT

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

(REDACTED)

41 U.S.C. 253(c) (1)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR Subpart 6.3 and in accordance with the requirements of FAR 6.303-1, the justification for the use of the statutory authority under FAR Subpart 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1) Agency and Contracting Activity The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), Office of Acquisition Management (OAQ) proposes to enter into a contract on a basis other than full and open competition.

2) Nature and/or description of the action being approved ICE has a requirement for the purchase of Motorola brand-name hub upgrade infrastructure equipment and installation services to support the ICE, Office of the Chief Information Officer (OCIO), Atlas Tactical Communications under the American Recovery and Reinvestment Act of 2009 (ARRA) Automation Modernization Project.

3) Description of the Supplies/Services The ICE operations and maintenance services of its wireless communications system is performed at the ICE Technical Maintenance Facility (TMF) Hub, located in Largo, MD. In general, the ICE TMF Hub serves as the central point for the distribution of wireless communications services to ICE communications sites and radio users.

The Atlas Tactical Communications Recovery Act Automation Modernization Project is an approved effort that encompasses a compulsory requirement for ICE within DHS. Through the Atlas Tactical Communications Recovery Act Project, ICE will acquire Motorola infrastructure to modernize the tactical communications hub systems at the ICE TMF Hub. The equipment will be compliant with Project 25 (P25) interoperability standards, will operate in digital mode, will support National Institute of Standards and Technology (NIST) approved Advanced Encryption Standard security and will operate on narrowband frequencies. The new Motorola equipment will enable ICE to meet mission requirements and operational needs.

The ICE TACCOM Program will acquire the following Motorola brand-name communications equipment and installation services for the equipment. :

· Motorola Radio Network Controller (RNC) 3000 – ICE requires RNC 3000 hardware and software capable of routing and managing data message traffic on a Motorola ASTRO P25 radio system. The RNC 3000 will enable ICE to support over-the-air rekeying (OTAR) and encrypted messaging between mobile computers and host applications.

· Motorola MCC 7500 Dispatch Console/ASTRO Core System – ICE requires an MCC 7500 Dispatch Console System to support end-to-end encryption, provide optimal audio quality, and support reliable communication with radios on legacy ICE Motorola ASTRO radio systems. The ASTRO Core system infrastructure will provide a conventional migration path from legacy ASTRO Motorola system infrastructure to an ASTRO 25 conventional network with IP connectivity. The ASTRO Core System infrastructure will enable ICE to expand, upgrade, and/or replace communications sites, dispatch consoles, and subscriber radio devices.

· Motorola Programming Over Project 25 (POP25) Server – ICE requires a POP 25 Server to support over-the-air programming (OTAP) for Motorola ASTRO 25 portable and mobile subscriber radios. The POP 25 Server will enable ICE to access Motorola XTS 5000 and XTL 5000 subscriber radios and perform programming over tactical communications systems. ICE may acquire this POP25 Server as an optional quantity line item.

The estimated period of performance will be the date of award through one year to include the delivery of all supplies and warranty coverage.

4) Identification of Statutory Authority Permitting Other Than Full and Open Competition The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c)(1) implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5) Demonstration That the Nature of the Acquisition Requires the Use of the Authority Cited The use of a “brand name justification” for the procurement of Motorola brand equipment is essential to meet ICE mission requirements and operational needs.

Existing ICE wireless tactical communications systems consists of legacy analog, wideband infrastructure, and subscriber equipment. Motorola equipment comprises over 90% of the existing ICE tactical communications infrastructure and subscriber units. Although ICE plans to execute the Atlas Tactical Communications Recovery Act Project to modernize tactical communications infrastructure with interoperable P25 wireless technology, there is insufficient funding to replace all existing subsystems.

The legacy Motorola radio equipment is not interoperable (compatible) with other systems because of vendor proprietary protocols for communications between subscribers units, radio infrastructure, and network management equipment. ICE and the DHS components have a significant investment in Motorola radio programming software, programming equipment and testing accessories, as well as user training and common configurations. The use of such descriptions in the acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company. The acquisition of another vendor’s equipment would also require an additional investment in programming software and hardware (infrastructure, user equipment, and maintenance support), as well as resources to provide user training to the Hub location staff and users in the field. There is an additional urgency to acquire and deploy the equipment identified to support high-priority ICE operations. Due to the priorities of the Department, ICE does not have sufficient resources or time to learn new programming procedures, rewrite the channel configurations and code plugs, and train users on the operation of new systems.

6) Efforts to Obtain Competition In accordance with the ARRA, a Pre-Solicitation Notice will be posted on Federal Business Opportunities (FBO). Following the Pre-Solicitation Notice, a solicitation will be sent to all eleven vendors under the DHS FirstSource Indefinite Delivery Indefinite Quantity (IDIQ) contract. This contract vehicle has already been synopsized in accordance with FAR 5.201.

7) Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable The Contracting Officer determines that the anticipated price(s) will be fair and reasonable by obtaining competition among the eleven DHS FirstSource vendors.

8) Description of Market Research Conducted ICE is continuously performing Market Research to identify wireless technologies, systems, and applications to meet current and future tactical communications requirements and operational needs. ICE works with DHS Wireless Services (WS), members of the Wireless Working Group (WWG), and the Federal Partnership for Interoperable Communication (FPIC) to plan wireless technology demonstrations, identify opportunities for sharing resources (e.g. infrastructure and spectrum), and improve tactical communications interoperability (compatibility between systems) with federal, state, and local agencies.

Additionally, ICE participates in wireless communications industry conferences, symposiums, vendor briefings, and workshops in order to remain current with emerging tactical communications technology and solutions. This enables ICE to identify vendors that manufacture tactical communications systems capable of delivering wireless capabilities to agents and officers in the field.

The WWG and its representatives, to include ICE, will continue to participate in P25 standards development. ICE will accomplish this by working with the WWG (e.g., DHS Science and Technology Directorate, Office of Emergency Communications), other federal agencies, and equipment vendors to promote common and open standards for the development of tactical communications infrastructure. ICE tactical communications market research will help to remove barriers to competition and establish economies of scale for the federal law enforcement community. Current efforts and analysis within the market demonstrate there are currently vendors who can supply Motorola equipment that will meet ICE mission requirements and operational needs.

The market research conclusion specific to this requirement has resulted in the determination that the brand-name hub equipment and services are widely available in the market place through authorized resellers/distributors. Motorola manufactured over 90% of the existing ICE tactical communications infrastructure and is critical that the modernized infrastructure possesses the capability to function with the existing legacy Motorola radio subsystems and network management infrastructure.

9) Any Other Facts Supporting the Use of Other Than Full and Open Competition.

ICE must use Motorola equipment and not infrastructure from other tactical communications vendors. If ICE procures infrastructure from vendors offering equipment that does not fully meet ICE operational requirements and mission needs, ICE operational effectiveness would be limited. ICE requires Motorola infrastructure to interoperate on shared networks and communicate using common encryption algorithms and keys. DHS components and other federal agencies (e.g., Department of Justice) are deploying secure, P25-compliant, AES encrypted, narrowband tactical communications systems. ICE agents and officers will be unable to operate on these modern systems, limiting the ability to conduct joint operations with partner agencies. An example of this would be losing the ability to communicate with a partner organization such as the U.S. Secret Service (USSS). Some of the situations where ICE collaborates with the USSS to provide operational support are the Democratic and Republican national conventions. If ICE does not modernize with Motorola infrastructure, ICE and USSS agents would be unable to leverage common Motorola OTAP and OTAR. The USSS operates a Motorola P25-complaint, digital communications system and ICE would be unable to communicate in a secure mode with USSS agents. In this situation, ICE and USSS would have to use clear or non-secure communications to support the political conventions. This exposes wireless communications to eavesdropping and intercept, which could jeopardize the effectiveness of the operation.

9) A Listing of Sources, if any, that Expressed in Writing an Interest in this Acquisition All eleven vendors under the DHS FirstSource contract will be given the opportunity to submit a proposal. The vendors are as follows:

10) A Statement of Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition ICE will continue to monitor the development of the P25 Inter-Subsystem Interface (ISSI). This interface will provide a defined standard to interconnect different networks, regardless of frequency band or manufacturer. The ISSI should support dynamic, transparent, and fully featured operations for tactical communications across P25 ISSI-compliant manufacturer boundaries. This may eventually enable ICE to consider additional manufacturers with products compatible with the legacy tactical communications system. Additionally, ICE will request that existing and new tactical communications vendors research the development of the P25 standards.

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