JA2024031084 LMR redacted.v.3.pdf

Appendix D Exception to Fair Opportunity

FAR 16.505

Exception to Fair Opportunity

SECTION I: Introduction

The Transportation Security Administration (TSA), Information Technology (IT) / End User Services Division (EUSD) / Land Mobile Radio (LMR) and Contracting and Procurement propose to modify an existing taskorder to add requirements that restricts the number of sources provided a fair opportunity to be considered (FAR 16.505(b)(2)).

The procurement request number is PR247667C052, and the Contracting and Procurement’s tracking number is JA-2024-03- 1084.

Per FAR 16.505, this acquisition is conducted undera multiple award contract.

SECTION II: Description of Action Being Approved

This exception to fair opportunity requests approvalto limit competition to a single vendorby adding requirements to an existing taskorder #70T03020F2BCIO104 with Motorola.Motorola provides communication equipment and services in support ofthe EUSD / LMR mission at all ContinentalUnited States (CONUS) and Outside the Continental United States (OCONUS) airports. The additionalrequirements fall within the overall scope of the requirement, but were not explicitly identified at the time of award. This change does not increase the overallceiling value of the taskorder.

(a) Motorola

(b) Type of action: Firm Fixed-Price Contract Modification

(c) Amount:

(d) Period of Performance: July 1, 2024 – March 5, 2025

SECTION III: Description of Supplies or Services

The requirement is to add additional firm fixed price CLIN’s for equipment and services,at a totalcost of . The following items are required:

Radio Box Kit: Unit price , Quantity 1,600; Totalprice These kits are required to consolidate all the components (8 items) of the APX900 radio into a single containerfor shipping to sites and warehouse inventory requirements. This consolidation will provide for faster order fulfillment, expedited inventory and occupy less shelf space in the warehouse.

Bi-Directional Amplifier (BDA) Preventive Maintenance (PM): Unit price (large) , Quantity 1; Unit price (small) , Quantity 2, Totalprice The PM is required to ensure that CAT Xand CAT I Hubs LMR systems provide reliable and consistent communications in support ofthe TSA critical security mission. The PMs will ensure that the BDA systems are annually optimized and remain reliab le and is consistent with the annualPMs that the vendor contractually performs on Repeaters and Base Stations. TSA requires all Motorola equipment and systems to be serviced and maintained by technicians certified by Motorola.

APX8000: Unit price , Quantity 20; Totalprice

TSA has identified a critical need for TSA Ted Stevens Anchorage InternationalAirport (ANC) and spokes. ANC currently utilizes an Alaskan state owned trunked LMR system(ALMR) to provide communications connectivity to all airports and State / Local Law enforcement as there is limited telecommunications infrastructure (Internet, Cellular service) to most areas of the state. Alaska is currently modernizing the ALMR systemand the existing TSA owned radios are not compatible with the new ALMR system.In order to fulfill the urgent need,TSA will procure the Alaskan state recommended multiband radio (APX8000) that are compatible with the new ALMR s ystemso that TSA ANC can continue to utilize the newtrunked systemfor command, controland the safety of TSA personneland transportation systems.

SECTION IV: Identification of the Exception to Fair Opportunity Rationale FAR 16.505 (b)(2)(i)(A) The agency needfor the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505 (b)(2)(i)(B) Only one awardee is capable of providing the supplies or services requiredat the level of quality required because the supplies or services ordered are unique or highly specialized.

FAR 16.505 (b)(2)(i)(C) The order must be issuedon a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issuedunder the contract, providedthat all awardees were given a fair opportunity to be considered for the original order

FAR 16.505 (b)(2)(i)(D) It is necessary to place an order to satisfy a minimum guarantee

FAR 16.505 (b)(2)(i)(E) For orders exceeding the simplifiedacquisition threshold, a statute expressly authorizes that the purchase can be made from a specifiedsource. Original Order Number:

SECTION V: Description of Fair Opportunity Exception Rationale

The additionalrequirements fall within the scope of the taskorder but were not explicitly identified at the time of award. A competitive procurement for these items would introduce an unacceptable delay, potentially introducing a different manufacturer which would result in multiple manufacturer products at various locations,and require Government intervention to transition knowledge gained by Motorola as the incumbent over the last 4 years supporting the EUSD LMR program, to anothervendor.

Motorola is uniquely qualified to provide the additionalequipment and services from their TacCom II catalog, resulting in no compatibility or knowledge deficiencies or gaps.

SECTION VI: Contracting Officer’s Determination that the Order Represents the Best Value

Awarding a modification to add related requirements while remaining within the overall ceiling value of the taskorder, represents the best value to the Government.

The Contracting Officer has verified and validated pricing proposed forthe equipment is at least equal to the ceiling prices on Motorola’s TacCom II catalog price list.

For the preventative maintenance services for the BDA, TacCom II labor categories and rates were quoted to result in a firm fixed price. The quantity of hours and labor categories r and determined to be reasonable based on their expert knowledge and understanding of the work required for BDA preventative maintenance. For comparison purposes, . Preventative maintenance services the antenna andcable for the device

SECTION VII: Market Research Description

Market research for labor rates and equipment were obtained from Motorola’s TacCom II catalog. The COR has confirmed the firm fixed price for the newequipment is equal to their TacCom II catalog price.

Preventative maintenance is not priced out as a fixed service on the TacCom II catalog, however, the labor rates proposed for the new BDA PM service are equalto their TacCom II catalog rates and the labor categories and number of hours proposed has been agreed to as appropriate, acceptable.

SECTION VIII: Other Facts Supporting the Fair Opportunity Exception Justification

All other facts are contained in other sections of this document.

SECTION IX: Actions Taken to Remove Barriers to Competition

No actions deemed reasonable orrealistic to remove barriers as demonstrated in other sections ofthis document.

SECTION X: Contracting Officer Certification I certify that this information is accurate and complete to the best of my knowledge and belief.

Marlene Kratz

Signature

Date SECTION XI: Technical or Requirements Personnel Certification I certify that this requirement meets the Government’s minimum need and that the supportingdata,which forms a basis for this justification, is complete and accurate.

Russell Cederburg Signature Date

SECTION XII: Concurrence and Approval The required levels of concurrence and approvalof this Limited Sourced Justification depend on the estimated totalvalue of the procurement. Concurrence and approvalmust be obtained for that level and each previous level.

Estimated Procurement Value:

$2,000 and greater for Construction; $2,500 and greater for Services; $10,000 and greater for Supplies

Concurrence:

Program Manager:

Glenn Stoll

Acquisition Official Approval:

Contracting Officer:

Marlene Kratz

Estimated Procurement Value: Greater than $250,000

Acquisition Official Approval:

Division Director:

Carl J. DeBernard, Jr.