Open_Market_Justification_ID40160113_Redacted.pdf

GENERAL SERVICES ADMINISTRATION

Federal Acquisition Services

National Information Technology Commodity Program

Justification for Other Than Full and Open Competition Brand Name

1. Requiring and Contracting Activity

a. Requiring Activity: Office of the Chief of the National Guard Bureau 111 South George Mason Drive

AHS-2, NGCC

Arlington, VA 22204

b. Contracting Activity General Services Administration Federal Acquisition Service

National Information Technology Commodity Program 401 West Peachtree St., NW, Suite 820

Atlanta, GA 30308

c. Contracting Officer: Paula Mensah

d. Task ID: ID40160113

e. Estimated Value:

2. Nature or Description of Action:

The General Services Administration (GSA), Federal Acquisition Service (FAS), National Information Technology Commodity Program (NITCP) has received a requirement from the National Guard Bureau, Joint Intelligence Office (NG-J2) to procure Rohde & Schwarz PR-100 Portable Receiver and additional hardware. This acquisition will be conducted under FAR Part 12 and FAR Subpart 13 procedures. The items will be procured on a Firm-Fixed-Price basis.

3. Description of Supplies or Services:

This is a requirement for the acquisition of Rohde & Schwarz PR-100 Portable Receiver and hardware. These port switching units and travel cases systems will help ensure the National Guard Bureau can fully implement its mandated technical security program. See separately attached Bill of Materials (BOM) for full descriptions, specifications, part numbers, and quantities.

4. Authority:

FAR Subpart 13.501(a) - Special Documentation Requirements - Sole source (including brand name) acquisitions as authorized by 10 USC 2304 (c)(5) – A statute expressly authorized or requires that the procurement be made through another agency or from a specified source, or the agency’s need is for a brand-name commercial item for authorized resale.

5. Justification Rationale:

The National Guard Bureau (NGB) J2 has federally mandated technical security mission requirements supporting National Security missions, activities, and information. The NGB J2 has the need to purchase equipment that will be utilized to accomplish these mission requirements.

This mission includes supporting security requirements for the Chief National Guard Bureau (CNGB) as a sitting member of the Joint Chiefs of Staff (JCS). The CNGB has a requirement for access to classified communications (voice, data, video) 24x7 to include while traveling.

This will require the need for technical security requirements be met related to foreign intelligence entities and international terrorist organizations. The PR100 Portable Receiver with associated hardware is required in order to ensure technical security and countermeasure requirements are fully implemented. The total solution for this requirement includes the PR100 Portable Receivers and brand name Dell Equipment essential to system operation.

While the Dell equipment can be procured from multiple sources, it is not in the Governments best interest to procure them separately as it will result in a substantial duplication of costs and unacceptable delays in obtaining the complete list of items needed by the National Guard Bureau for mission support.

The release of this purchase, and any associated requirements, could jeopardize National Security by making known the equipment utilized, allowing a foreign intelligence entity (FIE) to analyze the capabilities and limitations of the HQ NGB technical security program. This information could also jeopardize the U.S. Government’s technical security posture as many agencies utilize the exact same equipment in their respective technical security programs. As such, this procurement should fall under the Federal Acquisitions Regulation (FAR) Subpart 5.202 entitled (Exemptions” and therefore the notice for this contract action should not be made available.

6. Contracting Officer Determination:

The Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable and in the Government's best interest in accordance with FAR Subpart 12.209 Determination of Price Reasonableness and FAR Subpart 13.106-3. The Contracting Officer will use price analysis and techniques to ensure a fair and reasonable price. This includes, but not limited to market research, comparison of the proposed price with prices found reasonable on previous purchases, current price lists, comparison with similar items in a related industry, comparison of the proposed prices received in response to the Independent Government Estimate (IGE) and any other reasonable basis.

7. Market Research:

Market research was conducted in April 2016 in accordance with FAR Part 10. Market research was performed via GSA Schedule 66, GSA Schedule 70 pricing and Internet searches to determine if any practical sources could meet these requirements. In accordance with FAR 8.002 and 8.003 there are no mandatory sources of supply for the requested items under this requirement. Therefore in accordance with FAR Subpart 8.004 Use of Other Sources, the use of

GSA Federal Supply Schedules was given first consideration as an acquisition vehicle to satisfy this requirement. Based on the market research, Rohde & Schwarz USA, Inc. confirmed they can provide the requested Rohde & Schwarz PR-100 portable receiver and additional hardware along with one (1) authorized reseller, Technical Communities, Inc. dba Testmart. However, it has been determined that some of the requested items are available via GSA Federal Supply Schedules and some are available via the Open Market. The items available via open market exceed the micro-purchase threshold (FAR Subpart 2.101), currently $3,500. Therefore, based on those findings and in the best interest of the Government, the requirement will be issued via Open Market to Rohde & Schwarz USA, Inc. and Testmart in accordance with FAR Part 12.6 and FAR Part 13.105.

8. Other Supporting Facts:

Rohde & Schwarz USA, Inc. and TestMart, who is an authorized reseller, are the only sources that can provide the Rohde & Schwarz PR-100 Portable Receiver and additional hardware.

Rohde & Schwarz USA, Inc. provided a written statement confirming those findings.

9. Listing of Sources:

Rohde & Schwarz USA, Inc.

6821 Benjamin Franklin Drive Columbia, MD 21046-2633

Technical Communities, Inc. dba TestMart 1111 Bayhill Drive, Suite 400 San Bruno, CA 94066-3043

10. Statement of Actions to Overcome Barriers to Competition:

In an effort to remove or overcome such a barrier to competition in the future and to keep abreast of a rapidly evolving technological environment, the NGB-J2 technical security program will continuously perform annual research on all technical security mitigation products. This research includes scanning the internet, and performing data calls from the users in the field. This ensures that the NGB-J2 technical security program is providing the most efficient and effective technical security mitigation to the CNGB when employing classified communications world-wide. The NGB-J2 technical security program regularly coordinates with other USG technical security and countermeasure programs to determine what changes have occurred in regard to technology, and research trade magazine and any known and new emerging technical security companies and manufacturers that have the potential of satisfying existing and future requirements and provide the best overall value to the Government.

11. Requiring Agency Certification:

I certify that the supporting data under my cognizance which form the basis for this justification are accurate and complete to the best of my knowledge and belief.

Timothy W. Eaton Date Special Agent

12. Contracting Officer Certification and Approval:

The undersigned has determined that the anticipated cost to the Government for this acquisition will be fair and reasonable. Further, I certify that this justification is accurate and complete to the best of my knowledge and belief.

Paula Mensah Date Contracting Officer Signature