Fed_Radio_J&A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

41 U.S.C. 253(c), 10 U.S.C. 2304(c) and FAR 6.301

1. This requirement is in support of GSA, Office of Mission Assurance, located at 1800 F

Street, NW Washington, D.C. 20405. The contracting activity is the Office of Internal

Acquisition (OIA), 1800 F Street NW, Washington, DC 20405.

Nature and/or description of the action being approved.

Firm-Fixed-Price for the annual renewal of license and provide maintenance on FED

Radio system.

2. A description of the supplies or services required to meet the agency’s needs

(including the estimated value).

FED Radio provides GSA’s emergency radio system used primarily during emergencies including evacuations of GSA personnel and relocation of GSA Leadership. This award is for the annual licensing fees associated with operating the radio system and to have FED

Radio provide any services needed to ensure the system stays operational.

4. Circumstances permitting other than full and open competition

FAR 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements (41 U.S.C. 253(c) and/or U.S.C.2304(c), GSA has

When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for.

(i) Supplies or services may be considered to be available from only one source if the source has submitted an unsolicited research proposal that--http://uscode.house.gov/

(ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in—

(A) Substantial duplication of cost to the Government that is not expected to be recovered through competition; or

(B) Unacceptable delays in fulfilling the agency’s requirements. (See 10 U.S.C.

2304(c) or 41 U.S.C. 253(c))

Supporting Rationale: 6.302-1 - Only one responsible source and no other supplies or services will satisfy agency requirements.

The authority under which this J&A is made is pursuant to 6.302-1- Only one responsible source and no other supplies or services will satisfy agency requirements.

In accordance with 41 U.S.C. 253(c) and/or 10 U.S.C. 2304(c), GSA has determined that the procurement requires a sole source in order to satisfy the

Agency’s need. Specifically, the basis for other than full and open competition is that FED Radio has been issued an exclusive license issued by the Department of Commerce (DOC) to operate on Federally owned frequencies. FED Radio is the only company authorized by DOC to operate this system on these frequencies.

3. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Until Department of Commerce issues additional Federal licenses, GSA will not have any other vendors to consider. GSA is required by statute to only use Federal assigned frequencies and cannot use frequencies issued to the general public.

4. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR

Subpart 5.202 applies.

Per 5.202 exceptions, The proposed contract action is for utility services other than telecommunications services and only one source is available.

This J&A has been redacted under FAR 5.202(a)(1) exception.

http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/ https://acquisition.gov/far/current/html/Subpart%205_2.html#wp1107980 https://acquisition.gov/far/current/html/Subpart%205_2.html#wp1107990 https://acquisition.gov/far/current/html/Subpart%205_2.html#wp1107990

5. A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable.

Based on the data gathered, the Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. The expectation of reaching a fair and reasonable price was determined through past history / market research in order to determine best value for GSA.

6. A description of the market research conducted (see FAR Part 10) and the results or a statement of the reason market research was not conducted. (MARKET

RESEARCH - review of industry sources, GSA eLibrary).

Limited market research was performed, as Federal Radio is the sole vendor to the US

Government for this service. Market research included a review of a build or buy scenario to help determine the most cost effective way of achieving our objectives. A major roadblock encountered with the build scenario was that no Federal frequencies were available from Department of Commerce. The leasing of Federal frequencies is the only viable option for the deployment of a new radio system within the NCR.

7. Any other facts supporting the use of other than full and open competition.

No other facts other those previously mentioned were part of the consideration.

8. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None

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

No other facts other than those previously mentioned were part of the consideration.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. No other vendors expressed interest as no other vendors have the required

Department of Commerce Federal license to provide this service.

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 the supplies or services required.

Until Department of Commerce issues additional Federal licenses, GSA will not have any other vendors to consider. GSA is required by statute to only use Federal assigned https://acquisition.gov/far/current/html/FARTOCP10.html#wp266706 frequencies and cannot use frequencies issued to the general public.

Program/Technical Official Certification:

I hereby certify and accept the responsibility that any and all supporting data provided above or used to justify the above requested for a sole source procurement (e.g., verifying the

Government’s minimum needs, schedule requirements, and/or other rationale for other than full and open competition) is accurate and complete to the best of my personal knowledge and belief.

Contracting Officer’s Representative’s Signature Date

Project Manager’s Signature Date

Contracting Officer’s Certification:

I hereby certify that the information contained in this Justification for Other than Full and

Open Competition, is accurate and complete to the best of my knowledge.

Contracting Officer’s Signature Date