JEFO_for_Motorola_Infrastructure_Maintenance_Approved_9-4-15.pdf

OPOAM 3016.505-90(a)(2)(iv)

Justification for Brand Name Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(a)(4)

JEFO No. FY15-0475

JEFO No.: FY15-0475

Date: September 4, 2015 PR Number: RSUS-15-00171

1. Agency and Contracting Activity.

Department of Homeland Security (DHS), Office of Procurement Operations (OPO), Enterprise Acquisition Division, prepared this justification for an exception to fair opportunity.

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

DHS/OPO intends to solicit all vendors under Technical Category (TC) 4 – O&M

Services of the DHS Tactical Communication (TacCom) multiple award Indefinite

Delivery/Indefinite Quantity contract vehicle utilizing a brand name specification for maintenance of Motorola radios and associated equipment in accordance with FAR

16.505(a)(4)(i).

3. A description of the supplies or services required to meet the agency’s need (including the estimated value).

The Science & Technology (S&T) Chief Administrative Officer, in conjunction with the

Chief Information Officer provides Land Mobile Radios (LMR) support to S&T facilities. This requirement is for maintaining Motorola radios and associated equipment in operational condition thereby meeting mission needs. The anticipated cost of the infrastructure maintenance is $206,836.42. The period of performance is for a 12 month base period, with two (2) option years, and one (1) six month option.

4. Identify the exception to fair opportunity and supporting rationale.

OPO intends to procure a brand name specification for Motorola radios and associated equipment in accordance with FAR 16.505(a)(4)(i). The exception is based on FAR

16.505(b)(2)(i)(B), only one source is capable of providing maintenance for the Motorola radios because the Motorola radios are unique or highly specialized and is a brand name item peculiar to the Original Equipment Manufacturer (OEM). DHS S&T uses Motorola

LMRs at its headquarters and laboratory facilities. The radios are the standard for DHS and are in use across the Department’s component organizations. Without this solution, S&T will not be able to maintain operational readiness, thereby endangering the safety and health of its personnel jeopardizing its facilities, and violating standards and regulations. A change in the brand name would prevent S&T from having its equipment maintained in accordance with manufacturer’s specifications. The brand name must be used because using the manufacturer or manufacturer-certified vendor will ensure S&Ts

OPOAM 3016.505-90(a)(2)(iv)

Justification for Brand Name Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(a)(4)

JEFO No. FY15-0475 equipment is maintained in accordance with manufacturer’s specifications. It will also ensure warranties on equipment are honored, which are essential to meeting DHS needs.

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

The Contracting Officer has determined that issuing the proposed brand-name specification for the maintenance of Motorola Solutions-manufactured equipment represents the best value given the maintenance requirements to ensure the equipment is operational thereby meeting mission needs. Award will be made from the DHS TacCom contract, and DHS has already made a determination that pricing of items on the DHS

TacCom contracts are fair and reasonable. Adequate price competition through the fair opportunity process is expected for this procurement.

6. Any other facts supporting the justification: None.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

Prior to any subsequent acquisitions, market research will be conducted; however, the

LMR equipment needs to be maintained in accordance with manufacturers’ specifications.

8. DHS intends to post this requirement on FedBizOpps pursuant to FAR 16.505(b)(2)(ii)(D).

9/4/2015