JEFO_SMC Relocation.pdf

OPOAM 3016.505-90(a)(2)(ii) Justification for Exception to Fair Opportunity

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No: FY21-00214

JEFO No.: FY21-00214

Date: July 21, 2021 PR Number: 192121ITD000P0017

1. Agency and Contracting Activity.

The Department of Homeland Security (DHS), Federal Protective Service (FPS), Information Technology Division (ITD), Office of Procurement Operations (OPO), Federal Protective Service Acquisition Division (FPSAD), propose to award a task order to Motorola Solutions, Inc., 7031 Columbia Gateway Drive, Columbia, MD 21046-2289, under DHS-Wide Tactical Communications Equipment & Services II (TACCOM II) contract 70B04C19D00000035, Technical Category 2 (TC2) Services, for the purchase of MegaCenter Equipment Relocation and Installation services.

2. Nature and/or description of the action being approved.

DHS/OPO/FPSAD intends to award a delivery order to Motorola Solutions, Inc., without considering other awardees under DHS-Wide Tactical Communications Equipment & Services II (TACCOM II) contract 70B04C19D00000035, Technical Category 2 (TC2) Services, pursuant to FAR 16.505(a)(4), restricting consideration to an item peculiar to one manufacturer.

3. A description of the supplies or services required to meet the agency’s need.

The Land Mobile Radio (LMR) communications system in place is Motorola proprietary, and Motorola is the only vendor that can remove, re-install, test, and make operational with minimal or the least amount of radio communications downtime. The following services are required:

• System Engineering Services and Integration Services o Provide system design, resolution of technical issues, and support during system relocation, integration, and testing.

• System Design and Implementation and Documentation o Develop system design for the Motorola system o Provide an implementation approach o Develop as-is system documentation o Perform site evaluation of SMC and Bren Mar

• System Uninstallation and Installation o Perform baseline testing of existing equipment at the Suitland Mega Center o Uninstall all equipment at the Suitland Mega Center o Package and transport equipment from the Suitland Mega Center to the Bren Mar site.

o Install equipment at the Bren Mar site.

Installations will be performed according to the Motorola manual, Standards and Guidelines for Communication Sites (R56).

Perform R56 audits and configuration audits at all system infrastructure sites once the installation is complete.

Set system levels, optimize, and perform in-field acceptance testing.

• Update Motorola Solutions Standard System Documentation

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No: FY21-00214

4. Identify the exception to fair opportunity and supporting rationale.

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 pursuant to FAR 16.505(b)(2)(i)(B) and is an item peculiar to one manufacturer.

FPSAD intends to procure system integration services from Motorola for the FPS LMR system in accordance with FAR 16.505(a)(4)(i) or (ii). The exception is based on FAR 16.505(b)(2)(i)(B), only one source is capable of providing the Motorola LMRs because Motorola is unique or highly specialized and is a brand name item peculiar to the Original Equipment Manufacturer (OEM). DHS/FPS/ITD is implementing new LMR systems manufactured by Motorola. Motorola system integration and operations and maintenance services will be required to ensure continuous and uninterrupted communications for the FPS mission. With the reduction in FPS TACCOM Operations MegaCenter physical footprint, the Suitland MegaCenter’s Motorola LMR equipment must be relocated. The system is proprietary to Motorola and their integration services are required to ensure FPS TACCOM Operations system operates without gaps, and that technical resources are available to troubleshoot and resolve radio system issues in this relocation effort. Other manufacture’s equipment is not compatible with FPS’s TACCOM Operations Radio System, and it is critical that Motorola provides these services to assure communications is re-established at the new location in Bren Mar. Additionally, if equipment is damaged during the uninstallation, movement of and reinstallation by another vendor, it will no longer be covered under Motorola’s warranty or maintenance services. The use of other products or other vendor’s services will result in radio communications interoperability, compatibility, and interface issues that would preclude FPS Law Enforcement Officers (LEOs) from receiving and providing efficient and effective support.

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

The costs awarded to Motorola under a firm-fixed price Task Order (TO) under DHS-Wide Tactical Communications Equipment & Services II (TACCOM II) contract 70B04C19D00000035, Technical Category 2 (TC2) Services. Pricing established under TACCOM II was already determined to be fair and reasonable. The CO will compare the price proposal to the vendor’s TACCOM II contract and existing commercial pricing lists.

6. Any other facts supporting the justification.

N/A

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.

The Federal Protective Service will continue to work with ICE, other LMR manufacturers, and operations and maintenance service providers in future to invest in non-proprietary radio systems. This would allow for multi-vendor selection options to provide equipment, repair, system integration, and maintenance services, which will assist to overcome the barriers that led to this exception to fair opportunity.

Exceeding the SAT pursuant to FAR 16.505(b)(2)(ii)(B)

JEFO No: FY21-00214

8. DHS intends to post this requirement on www.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 and Approval * 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.

Not exceeding $700,000 Date Contracting Officer