JUSTIFICATION_FOR_OTHER_THAN_FULL_AND_OPEN_COMPETITION.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (Cite authority, e.g., 10 U.S.C. 2304(c)(7)

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by the Federal Acquisition Regulation (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 Federal Emergency Management Agency (FEMA), Disaster Emergency Communications (DEC) proposes to enter in a contract on a basis other than full and open competition.

2. Nature and/or Description of the Action being Approved.

This is a request for approval to limit competition to only one manufacturer. An alternative manufacturer would be acceptable if a manufacture has a proven substitute that is 100% compatible with all of the operational requirements. No other manufacturer has the ability to integrate all the systems and actions into one package 100 per cent compatible in fit, form, function, and training with the existing systems installed in all 50 state EOC’s by the National Protection office of FEMA.

Include the following information:

(a) Type of action: Firm Fixed-Price Contract

(b) Amount: ... $492,000.00;

(c) Type of funding: ... using Operations and Maintenance funds;

(d) Year of funding: ... from FY 2015

(e) Other brief descriptive words and phrases these items can only be ordered and integrated by the manufacturer Rockwell Collins, 400 Collins Rd NE, Cedar Rapids, IA 52498

3. Description of Supplies/Services. This purchase is for six 1000 Watt HF remoted radios to installed in the MERS detachments with their associated remote control equipment installed in the associated MOC’s. The total cost is $492,000.00. This is a firm fixed cost. The manufacturer Rockwell Collins is the only one that provides this equipment and the required support for a smooth transition.

4. Identification of Statutory Authority Permitting Other Than Full and Open Competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. 2304(c)(1)(for USCG) or 41 U.S.C.3304(a)(1) (for other Components) implemented by the 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 Require Use of the Authority Cited. . The units selected are identical to the existing installed at the other FEMA and state facilities. The radio will operate 1.6 to 30 MHz HF spectrum and 2G ALE operations IAW with MIL-STD-188-141B. The systems will both be configured and cables provided for both clear voice and secure voice utilizing a government provided KY-99M encryption device. In discussions with Harris they stated they could provide a 750 watt unit that provided similar capabilities however, with the Harris units the encryption is imbedded within the radio which is unacceptable as the remote controls are to be located in a DHS SCIF and remoted via fiber optic cable. No other vendor allows the encryption to be remotely located from the RF Deck. Due to this problem we require the use of a sole source procurement citing 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements. If this product is not procured and a non-suitable substitute is procured the lack of correct placement of the encryption would require the system to not be installed in the MOC’s and the lack of effective power would degrade the system in general leading to a total loss of capability to communicate on the FNARS system from the MERS MOC’s. FEMA currently has an IDIQ contract will Rockwell Collins to provide similar equipment in the FNARS program.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as is Practicable.

The Contracting Officer will post the announcement of MERS/DEC intentions to sole source the action to Rockwell Collins. Results of the posting will be updated in the JOFOC under this section.

Any responses to questions and/or comments received will be addressed.

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 based on this is in line the same product purchase from the same supplier for the past five years by FEMA. FEMA has extensive history from previous Rockwell purchases to analyze the price that is submitted.

8. Description of Market Research. Only two manufactures of High Frequency (HF) radio equipment is compatible with the FEMA FNARS 1000 Watt radios purchased and intergraded by the National Preparedness Division. This system required the use of a chat mode that only Rockwell Collins and Harris Electronics provide. In discussions with Harris they stated they could only provide a 750 watt unit that provided similar capabilities. No other vendor allows the encryption to be remotely located from the RF Deck. On the Harris units the encryption is imbedded within the radio.

Results of the Notice of the intent to sole source will be added to this document.

9. Any Other Facts Supporting the Use of Other Than Full and Open Competition. This procurement is being made to bring all the MERS MOC’s into compliance with the newly established FEMA FNARS requirements. In order to meet these new requirements each MOC must be able to communicate in chat mode with all FEMA fixed locations in the US, which required a minimum of 1000 Watts. The chat function is only available from two manufactures but the chat and 1000 Watt capability is only available from Rockwell Collins. This requirement is not established by

MERS but rather by the FNARS program office at Mt. Weather. If this purchase is not approved there will be no suitable substitute available and any purchase will not meet the requirements of the FEMA in its all hazard HF radio network.

10. A Listing of the Sources, if Any That Expressed, in Writing, an Interest in the Acquisition.

The results of the Sources sought will be posted to this document.

11. A Statement of the Actions, if Any, the Agency May Take to Remove or Overcome Any Barriers to Competition Before Any Subsequent Acquisition for Supplies or Services Required.

There is no action the government can perform to make or increase competition in this arena. If other manufactures increase power output in their equipment or include the chat function in their line of equipment then the list of available manufactures would be made much wider.

12. Contracting Officer’s Certification. I certify that the data supporting the recommended use of other than full and open competition is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

13. Technical/Requirements Personnel Certification. I certify this requirement meets the Government’s minimum need and that the supporting data, which forms a basis for this justification, is complete and accurate.

Technical Representative Date

APPROVAL:

Contracting Officer*: Date

OFFICE OF GENERAL COUNSEL DATE