Justificaton for Exception to Fair Opportunity_Redacted.pdf

Control No: 2024-7 Program/Equipment: PR200 Spectrum Analyzer

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Equipment: Rohde and Schwarz PR200 Spectrum Analyzer.

Authority: FAR 16.505(a)(4) – Restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer.

Prepared by: MAJ Bryan Harrison DSN: 910-908-3727 Contract Specialist Date: 17SEP24 Email: bryan.h.harrison2.mil@army.mil

Contracting Officer: SFC Adebowale Goyea DSN: 910-396-1061 Email: adebowale.o.goyea.mil@army.mil Date: 17SEP24

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Control No:

Program/Equipment:

FAR Part 16 Exception to Fair Opportunity Justification Under Multiple Award Indefinite Delivery Contracts

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: Mission Installation Contracting Command – Fort Liberty, NC

2. Description of Action: 35th SIG BDE requests a firm-fixed-price, delivery order for three Rohde and Schwarz PR200 spectrum analyzer.

Additionally, choose the appropriate statement below:

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: 35th Corps Signal Brigade requires a spectrum analyzer to identify and remediate Radiofrequency Interference (RFI) on the battlefield.

The spectrum analyzer must cover the frequencies of use for military communications, approximately 30 MHz to 33 GHz. The type of funds is Fiscal Year (FY) 24 OMA funds.

The resultant contract will be Firm-Fixed Price. The government projects award for September 2024. This requires the procurement of the following items:

(a) Rohde and Schwarz PR200 portable receiver with VHF, UHF, and SHF Antennas, cases, battery package, and CEPTOR software, QTY 3, Unit Cost Total Cost

(b) Rohde and Schwarz HE600 Omni-directional antenna, cabling, and case, QTY 3, Unit Cost

(c) Rohde and Schwarz HE800 K Band directional antenna, cabling and case, QTY 3, Unit Cost

(d) Rohde and Schwarz five-year warranty extension, QTY 3, Unit Cost Total Cost

(e) On-site training on PR200 and CEPTOR in CONUS, QTY 1, Unit Cost Total Cost

Estimated Delivery Date: NLT 120 days after award

Estimated Value:

4. Authority Cited: FAR 16.505(a)(4) – Restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer.

5. Reason for Authority Cited:

a. 35th Corps Signal Brigade provides signal support across XVII Airborne Corps and FORSCOM missions as directed. The Mission Essential Task List (METL) for the unit includes identifying and resolving radiofrequency interference. 35th CSB does not have spectrum analyzers to meet this METL requirement. The CENTCOM AOR maintains a theater entrance requirement for Spectrum Management personnel to undergo PR200 training. Additionally, 112th Signal Battalion (Special Operations) (Airborne), who provides service to the Special Operations community in a similar manner to the 35th CSB, also utilizes the PR200 for their requirements. 35th CSB anticipates in the near future, the Rohde and Schwarz PR200 being selected as the Joint Spectrum Center’s solution for the Spectrum Situational Awareness System (S2AS), with no programmed solution for Corps Signal Brigades.

b. If 35th CSB does not procure the Rohde and Schwarz PR200 with CEPTOR software, it would invalidate any training investments from across the Joint Force. Maintaining the same capabilities across units increases the agility of the Corps in responding to requests for service. The 35th CSB directly supports XVIII Airborne Corps in both Immediate and Contingency Response Force capabilities.

c. Rohde and Schwarz PR200 comes with pre-provided licensing CEPTOR software, and is widely used across the CENTCOM AOR, minimizing the need for additional training and reducing disruption to our current architecture. PR200 also ensures interoperability with other supported units through the CEPTOR software interface.

CEPTOR software provides a GUI interface to the complex Radio Frequency (RF) analysis that the PR200 does, and allows the user to generate lines of bearing, signal characterization, classification, and logging, as well as performing the trend analysis of the RF environment.

d. Alternatives: There are no alternatives are available to government. Unable to suspend operations due to the need to execute deployment operations in the CENTCOM AOR. No existing systems are available to upgrade. The Rohde and Schwarz PR200 Spectrum Analyzer with CEPTOR software is the only brand name product that fulfills the need of 35th CSB with no additional items required.

6. Actions to Increase Competition: Contract Specialist reviewed CHESS as the mandatory source for all commercial information technology, IAW AFARS 5139.101(a).

Vendors offered the required Name Brand items. This name brand requirement will be solicited as small business set-aside in ITES- 3H.

7. Market Research: The undersigned completed market research in September of 2024 and received valid feedback via the CHESS ITES-3H contract vehicle, the mandatory source for IT hardware. Based on the results of market research, other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet 35th CSB’s requirements.

8. Other Facts: There is no procurement history or historical documentation for the purchase of PR200 Spectrum Analyzers.

9. Technical Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

10. Requirements Certification: I certify that the supporting data under my cognizance which are included in the justification are accurate and complete to the best of my knowledge and belief.

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following: cost analysis price analysis should cost IGCE audit: identify the audit type other: identify the methodology or combination of methodologies that will be used

As a part of this basis, certified cost or pricing data:

will be required.

will not be required and the following exception applies (FAR 15.403):

Prices that will be agreed upon are based on adequate price competition.

Prices that were established during the original competition that are not subject to negotiation.

Prices that will be agreed upon are based on prices set by law or regulation.