J A.pdf

DEFENSE THREAT REDUCTION AGENCY

8725 JOHN J. KINGMAN ROAD, STOP 6201

FORT BELVOIR, VA 22060-6201

Justification and Approval for Other than Full and Open Competition

(Brand Name Justification)

1. Description of Supplies/Services to Acquire

The Defense Threat Reduction Agency (DTRA), Mission Support contracting division, AL- ACB) proposes to procure without using full and open competition, brand-specific, NSA certified, updated COMSEC Tactical Radios and associated items to assist in communication and data transmission of WMD search-related information; L3Harris AN/PRC-163 and AN/PRC-167 radios, and required hardware/software accessories.

2. Estimated Value

The estimated value of this action is $2,114,200, inclusive of a 10% factor for supply chain shortage uncertainties, for an estimated delivery period of 15 July 2023. Items included are:

AN/PRC-163 20M Radio System (30 units) with Cost of $482,400 o Associated required software, accessories with Cost of $303,360

AN/PRC-167 NGMP Radio System (18 units) with Cost of $973,080 o Associated required software, accessories with Cost of $163,008

3. Statutory Authority

The authority for this sole source action is 10 USC 3204 modified to reflect the guidance at FAR 13.106-1(b)(2) and FAR 13.501(a).

4. Applicability of Authority

Use of L3Harris NSA certified, updated COMSEC Tactical Radios, FALCON IV® AN/PRC- 163 and FALCON IV® AN/PRC-167 MANPAC, are essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

The devices listed above are produced specifically for tactical / first responder mission sets, but are available without NSA certified, updated COMSEC tactical military features, to include dual band capability, for international commercial sale. Derivative L3Harris globally available, commercial product versions, with many of the military features, are the FALCON III® RF- 7850M, and the FALCON III® RF-7800M-MANPACK. The L3Harris radios in use by DTRA have been rigorously field-tested by both USSOCOM and DTRA OI-CO personnel, and have been determined to meet the departments’ requirements, of which the capability for interoperable communication between DTRA’s USSOCOM SOF clients and its sponsored Technical Support Group (TSG) personnel assigned to Geographic Combatant Commands (GCCs) is paramount.

DTRA’s OI-CO operationally supports GCCs through various mission-sets. The GCCs’ designated special operations forces (SOF) are currently equipped with and utilize the L3Harris

AN/PRC-163 and L3Harris AN/PRC-167 radios in the field. These radios use proprietary waveform software developed specifically for DoD SOF and only available to DoD customers.

Without access to these proprietary waveform software modules, TSGs would be unable to communicate with their SOF clients. In addition, the L3Harris radios use NSA COMSEC to encrypt communication. This proprietary crypto architecture is unique to L3Harris and to the radios in use and being procured by SOF.

During the course of market research, the DTRA program manager learned of one other potential vendor, Thales, that provides radios to the US Army possessing some of the technical and tactical characteristics of the L3Harris radios. These Thales radios would allow DTRA teams to effectively communicate between each TSG team member, but without access to the L3Harris proprietary waveforms and crypto architecture embedded in the L3Harris systems, DTRA sponsored TSG personnel would be unable to communicate and share data with their GCC SOF clients.

Radios of the nature of those utilized by USSOCOM and SOF personnel, DTRA OI-CO GCC clients, meeting NSA COMSEC requirements, must be interoperable not just based on the frequency used to communicate, but also interoperable based on the unique COMSEC technology employed by each radio manufacturer. While the OI-CO program manager conducted significant market research in support of the contemplated contract action, it is the program manager’s personal knowledge of the market and technology employed for these tactical/first responder types of communication devices that makes it well understood that the unique waveforms and cryptographic architecture developed by L3 Harris and utilized in the L3Harris AN/PRC 163 and AN/PRC 167 preclude it from communicating with tactical/first responder, COMSEC capable radios from any other manufacturer.

Accordingly, procurement, or modification of another manufacturer’s radio, even though operating on some, or all of the same frequencies as the L3Harris radio, would not allow DTRA sponsored TSGs to communicate with their SOF clients as another manufacturer’s radio would lack the L3Harris proprietary waveforms and crypto architecture. In order to ensure DTRA stays integrated and functional within the teams, DTRA must use and be proficient with the aforementioned particular brand-name products peculiar to one manufacturer, L3Harris Technologies.

There is urgency to this action. DTRA OI-CO’s current inventory of legacy Tactical Radios, the Harris AN/PRC-152 and Harris AN/PRC-117G are 10 – 15 years old and soon to become obsolete and incompatible with the new equipment USSOCOM and the GCC designated forces are acquiring. Because these items utilize COMSEC, the NSA has mandated a new software version that is incompatible with OI-CO’s existing equipment, rendering our teams unable to maintain voice and data communication with their supported forces. While the exact date of implementation is still unannounced, it is predicted to be sometime in 2024. After that date, all DTRA Technical Support Groups will become non-mission capable on their tactical radio communications capability. With the current supply chain and chip shortage issues brought on by the pandemic, L3Harris estimates delivery times of ~11 months after receipt of the order, meaning orders placed near the end of FY22 won’t arrive until late summer of FY23. However, recent communications with L3 Harris have revealed should their LPTA offer be superior to two or more of its 3rd party resellers, and DTRA be in position to place the order in early September 2022, then OI-CO’s required quantity of (30) AN/PRC-163’s might be available for immediate delivery.

5. Effort to Solicit Potential Sources

OI-CO requires an upgrade of its existing handheld and vehicle mounted tactical radio systems, due to a NSA mandated COMSEC upgrade, providing a versatile, secure solution with simultaneous up-and-down echelon connectivity, cross-banding capability, and critical interoperability and redundancy in a small form factor. As a result of market research, which included significant consult with USSOCOM SOF clients regarding interoperable compatibility of tactical radios from other manufacturers, in combination with the program manager’s personal knowledge acquiring supplies of this type, it is clear to DTRA OI-CO that the essential nature of the USSOCOM SOF L3Harris radios limits the sources available to satisfy this requirement as L3Harris brand specific only. To that end DTRA OI-CO has had several communications with L3Harris to identify its third party pass through resellers which total five in number. Based on the essential characteristics of the L3Harris radios used by USSOCOM, and the market research conducted, no efforts to solicit other potential sources was performed.

6. Fair and Reasonable Costs

The anticipated price of the contemplated contract action to the Government will be determined to be fair and reasonable based on negotiations and price analysis comparing pricing from the original equipment manufacturer, L3Harris, to its third party resellers as well as an analysis of available historical pricing paid by USSOCOM for the AN/PRC-163 and AN/PRC-167.

7. Market Research

DTRA OI-CO reviewed available historical data of DTRAs previous purchase of tactical radios, L3 Harris 158s and 163s, acquired by Economy Act action in 2009, examined DoD –wide strategic sourced indefinite delivery/indefinite quantity contracts and/or General Services Administration schedules, reviewed Government and commercial databases, reviewed internet sources, as well as utilizing personal knowledge in the acquisition of supplies of this type.

Interoperability requirements with DTRA’s USSOCOM SOF clients remains a source limiting factor requiring a brand specific solution for items with an anticipated long operational life.

8. Other Facts

None.

9. Interested Sources

Small business entities LionHeart Alliance LLC, and Superior Communications Inc. and other than small entities, Darley Defense; ADS; and Quantico Tactical.

10. Subsequent Actions

DTRA OI-CO will continue to assess the market for Tactical Radios and associated kits to assist in communication and data transmission of WMD search-related information. Other limiting factors are the COMSEC requirements, which are governed by the NSA. In the event other items with similar/improved capabilities, produced by manufacturers not listed above, become available in the future, DTRA OI-CO will assess the equipment for compatibility with DTRA’s mission set.

Technical Certification

I certify that the data and information forming the basis for this determination are accurate and complete to the best of my knowledge and belief.

Bradley C. Karn III Program Manager Date

Contracting Officer Certification

I determine that the above circumstances of this contact action deem only one source reasonably available to satisfy the Government’s requirement.

Russell V. Kelley, III Contracting Officer, DTRA AL-ACB Date

Digitally signed by

KARN.BRADLEY.C.III.1044013912

Date: 2022.09.01 13:25:43 -04'00'

KELLEY.RUSSELL.V.1200514919 Digitally signed by KELLEY.RUSSELL.V.1200514919 Date: 2022.09.01 13:33:39 -04'00'

General Counsel Coordination

This justification is legally sufficient.

Steven Cullen Date Associate General Counsel

APPROVAL

Based on the above justification, I hereby approve accomplishment of this acquisition by means sole source.

Elizabeth R. Braxton Date Competition Advocate

CULLEN.STEVEN.PAU

L.1080270751

Digitally signed by

CULLEN.STEVEN.PAUL.1080270751

Date: 2022.09.01 14:12:38 -04'00'

BRAXTON.ELIZABET

H.R.1231040222

Digitally signed by

BRAXTON.ELIZABETH.R.1231040222

Date: 2022.09.06 08:02:44 -04'00'