JA23-038 OTFAOC_832369636 Signed_Redacted.pdf

CUI

Controlled By: PSD/PL8312 CUI Category: PROCURE Distribution/Dissemination Control: FEDCON POC: disa.scott.ditco.mbx.it-requirements@mail.mil

JUSTIFICATION FOR OTHER THAN FULL AND

OPEN COMPETITION (OTFAOC)

Federal Acquisition Regulation (FAR) Part 6 Justification & Approval (J&A), Supporting Procurements under FAR Part 12, and FAR Part 15

Tracking Number: 832369636 Contract Number: To be determined Procurement Title: Commander, Navy Installations (CNIC) Enterprise Land Mobile Radio

(ELMR) Sustainment Contract Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C.3204(a)(1) and FAR 6.302-1

Justification for OTFAOC Number: JA23-038

Upon the basis of the following justification, I, as Head of Contracting Activity, hereby approve the use of other than full and open competition of the proposed contractual action pursuant to the authority of 10 U.S.C.3204(a)(1) and FAR 6.302-1.

1. REQUIRING AGENCY AND CONTRACTING OFFICE:

Requesting Agency:

Navy

Washington, DC 20374-5140

Contracting Activity:

Defense Information Systems Agency (DISA)/Defense Information Technology Contracting Organization (DITCO)/PL8312 2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225-5406

2. NATURE/DESCRIPTION OF ACTION(S):

The nature of this requirement is to procure a follow-on sole source firm fixed price (FFP) contract with Motorola Solutions, Inc. (Motorola). This contract will effectively procure the equivalent of a full maintenance warranty for the CNIC ELMR system with associated equipment and software, including all hardware, firmware, and cabling or other signal and data transmission sub-systems necessary for the system to function as intended during operations.

Sustainment is defined as all work and costs associated with maintaining and repairing systems, including associated software and material as required, to enable the system to perform as specified to maintain an Authorization to Operate (ATO) from the Navy Authorizing Official (NAO). This action will be funded with Operation and Maintenance funds. Funding will be applied to the contract incrementally.

CNIC ELMR Sustainment Contract -JA23-038

CUI

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3. DESCRIPTION OF SUPPLIES/SERVICES:

CNIC has a requirement for preventive and corrective maintenance of the existing ELMR equipment and software including Radio Frequency (RF) repeater, dispatch and management equipment and software, and all associated equipment and software currently deployed as part of the worldwide ELMR system for Continental United States (CONUS) and Outside Continental United States (OCONUS). Responsibility for troubleshooting, removal, and replacement of the equipment for these units is also included as part of this requirement. All services must comply with Department of Defense (DoD) requirements for cybersecurity. Cybersecurity services include obtaining and maintaining an ATO from the NAO under the Risk Management Framework process. This includes supplies and services to replace obsolete equipment and software. The requirement includes maintaining and operating a network and security operations center to continuously monitor system health and dispatch service technicians as required.

ELMR is necessary for the Navy Shore to operate the Emergency Management Program and to provide first responders with uninterrupted Life and Safety Radio Communications and Radio Dispatch at Regional Dispatch Centers (Navy Public Safety Answering Points (PSAPs)) globally. The ELMR network allows a coordinated response between Navy and other DoD emergency services and other federal, state, and local agencies involved in public safety. The proposed action is a firm fixed price contract in the estimated amount of .

The contract will consist of a 12-month base period. IAW FAR 52.217-8, a 6-month option to extend is also included in the estimated value. The anticipated performance period and estimated lifecycle cost for the services support contract are as follows:

Period of Performance Estimated Cost Base Period June 28, 2023 – June 27, 2024 FAR 52.217-8 6-month option to extend

Total

4. IDENTIFICATION OF STATUTORY AUTHORITY: Only one responsible source and no other supplies or services will satisfy agency requirements, 10 U.S.C.3204(a)(1) and FAR 6.302- 1.

5. DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS:

(a) Description of events.

(1) The Government performed a full and open competitive contract award for the original ELMR system in 2008. The contract awardee chose a Motorola proprietary system to meet the requirements of the contract. Naval Facilities and Engineering Command (NAVFAC) Expeditionary Warfare Center (EXWC) has issued three, three-year (base plus two option years) sole source maintenance and sustainment contracts directly to Motorola for their proprietary ELMR system since December 2012. Please see paragraph 11 for full details. The referenced contracts are: , Page 3 of 8 Pages

, and . CNIC is seeking to procure another maintenance and sustainment contract for the current ELMR system rather than to procure a new replacement system solution. Procuring a new system would cost the Government over and would take multiple years to replace. Due to the nature of the technology being used, a new system would also include contractor proprietary data and would need to be sustained and maintained afterwards.

(b) Justification.

(1) Minimum Government requirements. The Government requires the current ELMR

Motorola system be maintained and sustained. Additionally, CNIC must maintain a Risk Management Framework (RMF) ATO from the NAO and be capable of ensuring high availability of the Land Mobile Radio (LMR) system to the Navy Public Safety and First Responder Mission.

(2) Proposed sole source contractor. In accordance with FAR 6.302-1, this is a sole source follow-on acquisition. It would cost the Government over to replace the global ELMR system and would take several years to complete the replacement. These estimates are conservatively based on the cost of the equipment and software located globally at over 330 locations. Also, there would be additional Government and vendor costs to coordinate the replacement at each of the locations.

ELMR is necessary to operate the Emergency Management Program and to provide first responders with uninterrupted life and safety radio communications and radio dispatch at regional dispatch centers. Replacing the system would also create unacceptable downtime and cause the system to be inaccessible for a long period of time, which would result in safety of life issues.

Motorola is the manufacturer of the primary equipment of CNIC’s ELMR system. It is currently maintained under the NAVFAC Antiterrorism and Force Protection (ATFP) Ashore program via NAVFAC EXWC Contracting. Sustainment of the ELMR system requires monitoring of the ELMR system, corrective and preventative maintenance, and maintenance of cybersecurity compliance. Monitoring the ELMR system requires configuring proprietary software to direct status messages to a remote monitoring facility. Only Motorola has the knowledge and expertise to make the configuration change.

Troubleshooting the system requires pulling logs, capturing data streams and reimaging disks. Since the software is proprietary, only Motorola can perform these functions. Furthermore, DoD 8500.2, Information Assurance Implementation, requires the ELMR program to maintain cybersecurity compliance. Since Motorola’s software and firmware are proprietary, only Motorola has the expertise and facilities to test and validate Information Assurance Vulnerability Alert, Assured Compliance Assessment Solution scan results, and provide proper settings and/or mitigations to the vulnerability results. Correction of any security patches requires access to the source code, which is proprietary to Motorola.

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Motorola considers their equipment to be commercial items that were developed at their own expense. The software that operates the equipment is proprietary and while the Government obtained a license to use the software, the Government cannot perform patching and maintenance on the Motorola Proprietary Code, nor can the Government provide the software to a third-party vendor to perform patching or sustainment of the proprietary code. The third-party vendor would have to subcontract work back to Motorola, leading to increased cost to the Government.

Additionally, Motorola was contacted on May 24, 2023, and advised of the following as it relates to the sole source situation that is supported by the Government’s independent research:

“Sustainment of the system and meeting all contract requirements requires constant configuration management of proprietary software for cybersecurity health maintenance of the system, upgrading the system, routine maintenance, break-fix, troubleshooting and monitoring. Only Motorola has the knowledge and expertise to meet these requirements, make configuration changes and maintain the system per contract requirements.”

(3) Discussion regarding cause of the sole source situation. The Motorola ELMR system has previously been acquired and requires maintenance and sustainment by Motorola due to the proprietary nature of the system. This is a follow-on acquisition of the maintenance and sustainment services that have been sole sourced to Motorola since December 2012.

(4) Impact. In accordance with FAR 6.302-1(a)(2)(ii), procurement of LMR services from any other source would result in duplication of cost to the Government in the amount of approximately in infrastructure costs and approximately in Government labor for design and contract deliverable reviews, safety and quality assurance oversight and commissioning. Cost savings would not be recovered through competition and would result in unacceptable delays in fulfilling the agency’s requirement. This estimate includes the cost to replace proprietary Motorola equipment at the Navy’s repeater and dispatch console sites, network switching centers, system management terminals, and key management terminals. Schedule delays at a minimum of four years could be expected to award a new contract, demonstrate replacement equipment compatibility with existing systems, manufacture equipment, obtain frequency licenses, install equipment, operationally test the system, and re-train all users on how to operate the new system. This additional time would result in an unacceptable gap in emergency service response capabilities.

Due to the proprietary nature of the software and firmware, there would be no benefit to the Government by soliciting this requirement as an unrestricted procurement.

6. CONTRACT OPPORTUNITIES ANNOUNCEMENT/POTENTIAL SOURCES:

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In accordance with DFARS PGI 206.302-1, a Notice of Intent (NOI) to sole source was posted to SAM.Gov on May 9, 2023. At time of closing on May 24, 2023, no responses were received.

7. DETERMINATION OF FAIR AND REASONABLE COST:

In coordination with DITCO’s Cost and Pricing Branch (PL842) and the technical evaluation team, the contracting officer will make a determination on whether the cost/price is fair and reasonable. In order to do so, a price analysis (to include comparison of prices obtained through historical data, market research, and comparison to the Independent Government Cost Estimate and existing labor rates) will be utilized. The contracting officer and contract specialist (in conjunction with the cost/price analyst) will ensure that the resulting negotiated price is fair and reasonable to the Government.

8. MARKET RESEARCH:

Market research was conducted to determine if there were other companies in the marketplace that could provide the specialized services required for this procurement. Additionally, a Notice of Intent (NOI) to sole source to Motorola was posted to SAM.Gov on May 9, 2023. At time of closing on May 24, 2023, no responses were received.

Based on the market research, it has been determined that only Motorola can provide the aforementioned ELMR sustainment services. Motorola is the manufacturer of the primary equipment in the ELMR system. Motorola’s products are commercial items, developed at Motorola’s expense; however, the software that operates the equipment is proprietary and while the Government obtained a license to use the software, the Government has restricted rights and cannot manipulate the software nor provide third party vendors the software. Further, Motorola does not allow authorized resellers to access or use their proprietary software. Therefore, a sole source acquisition to Motorola is the most advantageous to the Government and is recommended for this requirement.

9. ANY OTHER SUPPORTING FACTS:

NAVFAC EXWC has issued three separate sole source contracts, directly to Motorola, between December 2012 to present, for these services.

10. LISTING OF INTERESTED SOURCES:

Motorola Solutions, Inc.

500 W Monroe St STE 4400 Chicago, IL 60661-3781

11. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FULL AND OPEN COMPETITION:

(a) Procurement History.

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Contract Number:

Brief Description: Provide program management, system engineering, network monitoring, cybersecurity management, sustainability and preventative maintenance management, and technical support.

Contractor: Motorola Solutions, Inc.

Business Type: Large Business (LB) Life Cycle Contract Value:

Period of Performance (including all options):

December 28, 2019 – June 27, 2023

FAR 52.217-8 extension has been utilized (December 28, 2022 – June 27, 2023)

Contract Type: FFP Competition: Limited/Sole Source Contract Vehicle: Open Market

Contract/Task/Delivery Order Number:

Brief Description: Provide program management, system engineering, network monitoring, cybersecurity management, sustainability and preventative maintenance management, and technical support.

Contractor: Motorola Solutions, Inc.

Business Type: LB Life Cycle Contract Value:

Period of Performance (including all options):

December 28, 2015 – December 27, 2019

Contract Type: FFP

Contract/Task/Delivery Order Number:

Brief Description: Provide program management, system engineering, network monitoring, cybersecurity management, sustainability and preventative maintenance management, and technical support.

Contractor: Motorola Solutions, Inc.

Business Type: LB Life Cycle Contract Value:

Period of Performance (including all options):

December 28, 2012 – December 27, 2015

Contract Type: FFP

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CNIC will continue to monitor and conduct market research for alternative solutions that meet the Government’s requirements for future competition. Market research will also be conducted prior to exercising the option period(s) for this contract, and the results of this market research will be presented to the contracting officer to determine if exercising the option period is in the best interest of the Government.

(b) All prior sole source contract awards via NAVFAC EXWC have supported direct contracting to Motorola. As stated above, CNIC has made capital investments in excess of since 2007 on the Motorola ELMR System. Any other contractor would be required to subcontract to Motorola to support and sustain the system software and will lead to duplication of cost to the Government.

NAME: SIGNATURE:

CNIC ELMR Sustainment Contract

TECHNICAL CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

TITLE/ORGANIZATION: C3P Ashore COR, CNIC HQ, N611

PHONE: DATE:

REQUIREMENTS CERTIFICATION: I certify that the supporting data under my cognizance which are included in the J&A are accurate and complete to the best of my knowledge and belief.

TITLE/ORGANIZATION: Branch Head, C3P Ashore Program, CNIC HQ, N61

CONTRACTING OFFICER CERTIFICATION: I certify that this justification is accurate and complete to the best of my knowledge and belief.

TITLE/ORGANIZATION: Contracting Officer, DISA/DITCO/PL8312

HEAD OF THE CONTRACTING ACTIVITY (HCA) APPROVAL: I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief.

this review serves as approval.

Digitally signed by

TITLE/ORGANIZATION: HCA/DISA/DITCO

Date: 2023.05.31 12:08:48 -04'00'

ALL QUESTIONS REGARDING THIS JUSTIFICATION ARE TO BE REFERRED TO:

Kailee Rickhoff, , kailee.rickhoff.civ@mail.mil mailto:kailee.rickhoff.civ@mail.mil