JEFO FY22-0010 Redacted.pdf

Justification for Exception to Fair Opportunity Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No: FY22-0010 Page 2 of 5

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CLIN3: Qty , Motorola Central Managed, Nationwide Upfit for APX purchased under

70US0920F1DHS0136

Model:

OPTION CLIN4: Qty , Motorola Central Managed, Nationwide Upfit for APX

OPTION CLIN5: Qty , Motorola Central Managed, Nationwide Upfit for APX

OPTION CLIN6: Qty Motorola Central Managed, Nationwide Upfit for APX

OPTION CLIN7: Qty , Motorola Central Managed, Nationwide Upfit for APX

CLIN – Task Type Qty Est. Unit Price Est. Total CLIN1 Equipment

CLIN2 - FFP Services CLIN3 - FFP Services

CLIN4 – Optional Qty FFP Services CLIN5 – Optional Qty FFP Services CLIN6 – Optional Qty FFP Services CLIN7 – Optional Qty FFP Services

4. Statutory exception and supporting rationale.

The applicable statutory FAR citation and basis for using an exception to fair opportunity process is:

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

Rationale:

Multiple contracts have been awarded for Motorola System infrastructure, APX radios and supplies from 2014 through 2021. The awards have been for M-Core, G Series Site equipment, JEFO No: FY22-0010 Page 4 of 5

03.21.2022 v.1.0 redesign, implementation and test period. Only certified Motorola products are known and guaranteed to be compatible with the existing USSS network hardware and software, and therefore the requested products must be Motorola in order to ensure continual, uninterrupted operations. The USSS cannot afford the increased cost associated with the preceding factors, nor the technical risks of attempting to incorporate a new equipment package. Thus, it is in the best interest of the government to procure brand name only Motorola Radio products.

Fulfillment of the centrally managed implementation and upfit portion of this requirement by a vendor other than Motorola Solutions would entail significant risks. The Motorola products being procured must be configured and integrated with the USSS Enterprise Radio Core in order to provide the required functionality. USSS currently has a contract with Motorola Solutions to maintain and manage its Enterprise Radio Core (70US0919F1DHS0164). If a vendor other than Motorola were to perform the required implementation and upfit services, there is a risk that the necessary coordination for configuration and Enterprise Radio Core integration would not be successfully completed, rendering the installed equipment unable to fulfill USSS requirements. Also, responsibilities for issues encountered pre-, post- and/or during implementation may not be clear, which could potentially cause the equipment to be unusable until it is determined which party is responsible for resolution of the encountered issues. Additionally, solicitation of a task order in 2020 (70US0920F1DHS0136) for identical equipment and services produced only one response. Subsequent vendor engagement regarding the lack of responses to this solicitation found that non-responding vendors indicated an inability to perform the required ancillary services per USSS operational requirements. For these reasons, Motorola Solutions is the only vendor able to supply the required implementation and upfit services.

No other radio manufacturer can meet all required specifications for security, functionality and legacy compatibility. Critical impacts to the mission would result if the required products and services are not provided. Personnel will not have the required equipment to fulfill the protective and investigative missions of the USSS. Security of the USSS radio system will be compromised and the life safety of USSS personnel and protectees will be in danger.

5. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The anticipated cost to the Government for the Motorola radios, specialty equipment and related supplies will be fair and reasonable based on a) historical comparison of previous costs, b) published pricing negotiated and awarded under the DHS TACCOM II IDIQ in which pricing has already been determined to be fair and reasonable, and comparison with the Independent Government Cost Estimate. Other than certified cost and pricing data may be requested to help in an assessment of the fair and responsible price. Pricing will be evaluated for reasonableness in accordance with one or more analysis techniques identified in FAR Subpart 15.404-1.

6. Any other facts supporting the justification.

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There are no additional relevant facts supporting the justification.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

USSS continuously monitors industry developments across radio communications centric areas with a goal of ensuring the best possible performance of USSS radio systems and subscriber units within the bounds of the USSS budget, regardless of manufacturer. When industry offers a solution with full capability and integration of current USSS radio infrastructure and security management to fulfill mission needs, the USSS will give it due consideration as a possible replacement for existing radio cache; cost and technology considered.

8. USSS intends to post this requirement on Sam.gov pursuant to FAR 16.505(b)(2)(ii)(D).

9. Technical/Requirements Personnel Certification.

Pursuant to FAR 16.505(b)(2)(ii)(B)(9), I certify that this requirement meets the Government’s minimum need and that the supporting data, which form a basis for the justification, are accurate and complete.

Technical Representative/COR Date

10. Contracting Officer Certification

Pursuant to FAR 16.505(b)(2)(ii)(B)(8), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

APPROVAL: Pursuant to FAR 16.505(b)(2)(ii)(10), I hereby determine the circumstance identified in Section 4 applies to the order.

Procuring Activity Advocate for Competition Date

03/23/2022 RJULIASDigitally signed by RJULIAS

Date: 2022.03.23 10:55:14 -04'00'