JOFOC_Motorola_Service_redacted.docx

UNITED STATES FOREST SERVICE (USFS)

WASHINGTON OFFICE (WO), ACQUISITION MANAGEMENT (AQM)

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

Motorola Subscriber Radio Frequency Programming Changes Service Contract

FOR OFFICIAL USE ONLY

Justification for other than full and open competition

1. Identification of Agency and the Contracting Activity:

The Contracting Activity is the United States Forest Service, Chief Information Office (CIO), United States Forest Service, Chief Information Office (CIO) and the Washington Office Acquisition Management Information Technology (WO-AQM IT) Support Branch, Albuquerque Service Center, 4000 Masthead Ave NE, Albuquerque, NM 87109.

2. Nature and/or Description of Action Being Approved:

This action will be awarded to Motorola Solutions as a firm fixed price Purchase Order for a base year with 4 option years available to continue this service. This effort will support the programming of Code Plugs and firmware flash upgrades of previously purchased Motorola APX-Series mobile and APX-Series portables transceivers. These upgrades are required for USFS LE&I Officers to communicate with cooperating agencies in interoperable communications. The USFS LE&I Communications equipment nationwide are primarily Motorola and for officer safety, operators in a forest need to have standard equipment so an officer is not presented with equipment he is not familiar with when he needs to communicate quickly. This is covered by the FSM 5300 Chapter 5380 Law Enforcement Equipment para 5385.6 requires that all field going officers possess the same type standard radio. Also, this programming contract is Motorola specific and only Motorola provides the required services.

3. Description of Supplies or Services Required to Meet Agency’s Need Including the Estimated Value:

USFS LE&I requires these radios to be completely compatible with cooperating agency radio configurations. These Motorola code plug/programming services meet all the configuration requirements for interoperable communications with agencies that actively operate with USFS.

The cost of this action is $XXXX for initial first year of contract with option years offered at:

4. An identification of the statutory authority permitting other than full and open competition:

Pursuant to 10 U.S. Code § 2304(c)(1), other than full and open competition may only be used by the agency when the services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of services will satisfy the needs of the agency. In addition, in accordance with FAR 13.5, this acquisition will be conducted utilizing simplified acquisition procedures as it is below the $7 million threshold.

This requirement meets the definition of a commercial item in accordance with FAR 2.101.

5. A Description of Market Research Conducted Among Schedule Holders and the Results or a Statement of the Reason Market Research Was Not Conducted:

In reviewing the technical requirements and compatibility constraints of this project, the primary hurdles that limit these efforts to other than full and open competition are derived from the technology solely possessed by Motorola Solutions as the OEM. The market research for this requirement is based on recent RFQ’s issued (August 2014) on Electronic Posting systems (FedBid) for a Brand name or equal which produced no responses for any potential “or equals”. Motorola Solutions owns all of the manufacturing and technology rights affiliated with the critical requirements that the Forest Service needs. The manufacturing costs associated with implementing cross communication/compatibility for universal radio communications efforts between manufactures far outweigh any cost or schedule savings that might be recouped via unrestricted full and open competition.

6. 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.

All services for the Motorola radio equipment are proprietary and solely supported through a Motorola service provider. The Forest Service has done due diligence to ensure that the actions they are taking are within the Federal Acquisition Regulations. It has been deemed that parts from other manufacturers are not compatible with the Motorola’s current system. By providing industry the opportunity to respond to this requirement with any possible “or equals” the barriers will continue to be tested.

7. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies:

Market research was conducted to identify potential sources that could meet the requirements for this effort. No other contractor has the capability to meet the requirements without substantial duplications of costs to the Government.

In accordance with FAR 5.203, the USFS will post a synopsis of the proposed contract action through the Government-wide Point of Entry on the Federal Business Opportunities web portal. Any information received in response to the synopsis will be evaluated to determine whether additional sources could meet the requirements of this effort within the required schedule and without substantial duplication of costs to the Government.

8. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

It is anticipated that the Contracting Officer will find the price fair and reasonable pursuant to FAR 15.4.

9. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted:

Other solutions were not considered for the support of the Motorola CPS code updates since the maintenance and servicing is proprietary to Motorola service providers.

10. Any other facts supporting the use of other than full and open competition:

None

11. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

No sources have expressed an interest in this acquisition.

12. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

Market research will continue to be conducted to determine if any other vendors have the capability to meet future requirements of the USFS.

CERTIFICATION:

The Program Office signature below provides evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

SUBMITTED:

and complete.

Electronics Technician

Contracting Officer: I certify that this justification is accurate and complete to the best of my Knowledge and belief.

Contracting Officer

Contracting Officer