JEFO_183-12.pdf

JEFO No. 183-12

Justification for Exception to Fair Opportunity

In accordance with the requirements set forth in Federal Acquisition Regulation (FAR) 16.505(a)(4)(i) and the procedures described in FAR 16.505(b)(2)(ii)(A), the use of an exception to fair opportunity is justified by the following facts and rationale.

(1) Agency and contracting activity.

Identification of Agency: The Department of Homeland Security (DHS), Science and Technology (S&T) Directorate

Contracting Activity: DHS Office of Procurement Operations (OPO), Science and Technology Acquisition Division (STAD)

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

STAD contemplates the award of a delivery order under the DHS Tactical Communications (TacCom) strategic sourcing, multiple-award Indefinite-delivery, Indefinite-Quantity (IDIQ) contract vehicle to purchase a SyTech RIOS TAC2 Tactical Communications Gateway device and accessories.

The following contractor is the awardee:

There is no sole source awardee. A delivery order will be awarded as the result of a competitive brand name solicitation conducted among the eligible TacCom contractors.

(3) Description of supplies/services.

Item Number Description QTY R-TAC2V1-PCK1 RIOS TAC2 Interoperability Gateway Package 1 R-SFT-RCU-PRO RIOS Remote Radio Control Profile 1 R-SFT-REC RIOS Playback with Archive Recording 1 R-SFT-CLNT-CP RIOS Client Computer Connection Port 1 R-CAB-S RIOS Standard Interface Cable 5 R-CAB-RCU-EXT RIOS Interface Cable - RCU 6 N/A Shipping (to Orient Point, NY 11957) 1

The cost estimate is being withheld as this requirement will be competed.

(4) Identification of the justification and the rationale.

This requirement is for “items peculiar to one manufacturer,” or brand name items, as described in FAR 16.505(a)(4)(i). The government requires the particular SyTech (manufacturer) RIOS (product line) equipment, which is highly specialized, rather than a competing product with similar though not identical capabilities.

JEFO No. 183-12

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

The contracting officer will make a fair and reasonable determination at the time of delivery order award; the rationale will be on the basis of the current competition, as well as on the basis of the original competition for the TacCom IDIQ.

(6) Any other facts supporting the justification.

None

(7) A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies and services.

Not applicable. The contracting officer is utilizing the TacCom IDIQ, which is DHS’s mandatory strategic sourcing vehicle, to procure this equipment. The procurement within the TacCom IDIQ and within the brand name is competitive.