JEFO_232-12.pdf

JEFO No. 232-12

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 Directorate (S&T)

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 task order under the DHS Tactical Communications (TacCom) strategic sourcing, multiple-award Indefinite-delivery, Indefinite-Quantity (IDIQ) contract vehicle for preventative maintenance, troubleshooting, and repair services on existing Motorola Land Mobile Radios (LMRs) and related equipment.

The following contractor is the awardee:

There is no sole source awardee. A task order will be awarded as the result of a competitive brand name solicitation conducted among the eligible TacCom contractors. This procurement is a small business set-aside.

(3) Description of supplies/services.

The following table lists the maintenance, troubleshooting, and repair services to be provided, identified by Motorola model numbers. The items listed in the table will be performed at S&T headquarters in NW Washington, DC. The full scope of work includes the same services to also be performed at the following locations; hence the actual number of services to be performed is 6x what is presented in the table:

• The Plum Island Animal Disease Center on Long Island, NY;

• The National Urban Security Technology Laboratory in Manhattan, NY;

• The Transportation Security Laboratory in Atlantic City, NJ;

• Fort Detrick, MD;

• The National Bio- and Agro-Defense Facility in Manhattan, KS (under construction);

• S&T headquarters (VTA) in Washington, DC.

QTY Model Number Description

1 SVC01SVC1108 Infrastructure Repair 1 SVC261AB ENH: Conventional Site 1 SVC263AB ENH: Conventional Station-ASTRO

1 SVC643AB ENH: ASTRO-TAC 9600

1 SVC804AB ENH: ASTRO-TAC 9600 Number of Ports 1 SVC01SVC1424 Onsite Infrastructure Response with Local Dispatch Service 1 SVC218AD ENH: OnSite Infrastructure Response-Sites-NonConventional 1 SVC219AD ENH: OnSite Infrastructure Response -Stations 1 SVC221AD ENH: OnSite Infrastructure Response -Receiver Site

1 N/A ASTRO-TAC 9600 W/16 INPUT/OUTPUT

Note: AstroTac is included in Site pricing line item 7 1 SVC01SVC1405 System Survey and Analysis - Site Access A 1 SVC850AA ENH: System - Site Access A 3 SVC212AA ENH: System Survey and Analysis - Station - Site Access A 1 SVC214AA ENH: System Survey and Analysis - Receiver-Site Access A 1 SVC01SVC1423 Local Radio Support Service

3 KVLSP3LRS ENH: KVL3000

7 SVC339AA ENH: AES encrypt (KVL3000/4000)

4 KVLSP4LRS ENH: KVL4000

1 SVC01SVC1220 Radio Repair Service

3 KVLSP3RRS ENH: KVL3000

7 SVC436AA ENH: AES encrypt (KVL3000/4000)

4 KVLSP4RRS ENH: KVL4000

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 Motorola factory service or service by Motorola-accredited service depots or service shops using genuine Motorola parts.

The government requires telephone and on-site support from Motorola or Motorola-accredited technicians. The requirement is to service and maintain an existing inventory of Motorola LMRs and related equipment. The brand name services and replacement parts are necessary to ensure that the equipment is maintained in accordance with the manufacturer’s specifications and in such a way that warranties will be honored. It is important to the Department of Homeland Security’s operational readiness that the LMR inventory be properly maintained and reliably functional.

(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 task 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.

JEFO No. 232-ll

(8) Contracting Officer's Certification.

I certify that the data supporting the recommended use of this exception to fair opportunity is accurate and complete to the best of my knowledge and belief.

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William Mallison Contracting Officer Science and Technology Acquisition Division Office of Procurement Operations Department of Homeland Security

(9) Technical/Requirements Personnel Certification.

I certify that this requirement meets the government's minimum need and that the supporting data, which form a basis for this justification, are accurate and complete to the best ofmy knowledge and belief.

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Ian Rosenblum Technical Representative Administration and Support Division Science and Technology Directorate Department of Homeland Security

(1 0) Approval.

3-23-/2- Date

I determine that the circumstances in FAR 16.505(a)(4)(i) apply to this exception to fair opportunity and accordingly approve this exception.

~8tA-L~ William Mallison Contracting Officer Science and Technology Acquisition Division Office of Procurement Operations Department of Homeland Security