L3Harris MFR Limiting Competition under SAT_Redacted.pdf

CUI//SP-PROCURE//FEDCON

Control No: JA-22-0010

Version Apr 2021

Memorandum for Record – Limiting Competition at or Below the Simplified Acquisition Threshold

1. Contracting Activity: Mission and Installation Contracting Command (MICC) at 2038 8th Street Bldg. 1352, Fort Polk, Louisiana

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Contract Vehicle: Purchase Order Number __TBD_________________________

Blanket Purchase Agreement (BPA) Number _______________ Order/BPA# _______ against FSS Contract #_____ _________ Order #___________ against Multiple Award IDIQ Contract

Name or #______________ Order #_______ against a single award IDC Contract

Modification # _______ to existing PO/TO/DO/Call Order

Pricing/Contract Type: Fixed Price Time & Materials/Labor Hours Cost Reimbursable Hybrid

Funds: Operations & Maintenance, Army (OMA) Other Funds: ________

FY: 2022

Name of Proposed Contractor(s) and Address:

L3Harris Technologies, Inc.

221 Jefferson Ridge Parkway Lynchburg, VA 24501

Brand Name Buy: Yes No

3. Description of Services or Supplies: One (1) L3Harris Symphony Dispatch Console installed at Flight Operations, configured and connected to the existing Fort Polk Land Mobile Radio (LMR) Network. The console will have all necessary L3Harris proprietary software in order to operate on the L3Harris LMR network at Fort Polk and include the telephone patch capabilities. The total estimated value for the Dispatch console, installation and configuration is .

For Actions without Options:

Completion Date: 30 April 2023 Total Value:

4. Authority: Select the appropriate authority below:

FAR 13.106-1(b)(1): For purchases not exceeding the simplified acquisition threshold (SAT), only one source reasonably available, urgency, exclusive licensing agreements, brand name, or industrial mobilization.

Or, FAR 8.405-6(a)(1)(i)(A) Urgency FAR 8.405-6(a)(1)(i)(B) Only One Source is Capable FAR 8.405-6(a)(1)(i)(C) Logical Follow-on FAR 8.405-6(b)(1)Brand Name

Or, FAR 16.505(b)(2)(i)(A) Urgency FAR 16.505(b)(2)(i)(B) Only One Awardee is Capable FAR 16.505(b)(2)(i)(C) Logical Follow-on FAR 16.505(b)(2)(i)(D) Minimum Guarantee FAR 16.505(a)(4) Brand Name

5. Reasons for Authority Cited:

a. L3Harris Technologies is the only company capable to complete the full implementation of one additional console at the Joint Readiness Training Center (JRTC) Observer-Controller Communications System (OCCS) Instrumentation System (IS), Fort Polk. L3Harris provided the initial build of the JRTC OCCS-IS and has executed multiple updates to the system. This task is a natural continuation of previous work carried out by L3Harris. The L3Harris LMR system on Fort Polk incorporates proprietary software, hardware, patented products, and copyrighted materials. L3Harris is the only authorized provider of manufacturing, warranty, maintenance, and managed Technical Assistance Center (TAC) services for these pieces of equipment and software. For interoperability with the current Fort Polk LMR system, the proprietary L3Harris equipment and configuration team must be utilized. The historical knowledge that the L3Harris team has enables an efficient implementation of a dispatch console for the Medical Evacuation (MEDEVAC) Flight Operations Center. L3Harris systems and configuration are only available from L3Harris. Technical assistance for the Symphony dispatch console is a key service provided by the L3Harris TAC. The Symphony dispatch consoles are a component of the L3Harris LMR system on Fort Polk.

b. This system will provide MEDEVAC Operations the capability to communicate with traumatic injury centers and civilian hospital emergency operations centers while enroute, providing information to the trauma center during the critical transportation.

The system provides the ability to provide patient status and coordinate patient transfers. The current process uses the Flight Operations Center (FOC) to relay to civilian hospitals inbound flight and patient status. On several prior flights, the aircraft arrived before the FOC had the opportunity to notify the hospital of an inbound flight.

Also, on almost every occasion the FOC was not able to provide patient status to the hospital. If this justification is not approved and the dispatch console is not provided, injured military personnel could sustain repeated delays in transmitting valuable patient status and delays in receiving critical medical attention.

6. Publicizing Contract Actions: For FAR Part 13 actions, the public display and synopsis requirements of FAR 5.101 and FAR 5.203 do not apply due to the $ threshold, apply and will be followed, or do not apply due to an exception at 5.202.

Requirement to post justification in accordance with FAR 8.405-6(b)(3), FAR 13.105(c), or FAR 16.505(a)(4)(iii)(A)

Action is NOT a brand name restriction and is under $250K, no posting required.

Action is a brand name restriction, under $25K, no posting required.

Action is a brand name restriction, over $25K. It will be redacted and posted with the solicitation.

Action is a brand name restriction over $25K but will not be posted due to exception:

FAR 6.305(f) FAR 8.405-6(b)(3)(iii)(A) FAR 8.405-6(b)(3)(iii)(B) FAR 8.405-6(b)(3)(iii)(C) FAR 16.505(a)(4)(iii(C)

7. Market Research: Market research completed by the requiring activity: , Headquarters, JRTC and Fort Polk, G6 between July 2021 through June 2022. The method consisted of requesting information through the Computer Hardware Enterprise Software Solution (CHESS) ITES 3-H contract vehicle. Seventeen vendors were queried, thirteen vendors replied with “no bid”, four vendors did not respond. A CHESS statement of non-availability (SONA) was provided. Further research into the L3Harris products show that the L3Harris software and hardware are proprietary. L3Harris is the logical vendor to support this effort. The L3Harris LMR system on Fort Polk was established in 2009 and had a technical refresh approximately three (3) years ago.

L3Harris has provided the equipment, configuration, and installation since 2009.

Another vendor capable of configuring and installing a dispatch console compatible with the L3Harris system existing on Fort Polk was not found.

Market research completed by Contracting: , Contract Specialist at MICC Fort Polk, 15 August through 23 August 2022. The dispatch console is a commercial item and found on the internet with a quick search. The requirement will be a direct award to L3Harris Technologies, Inc., 221 Jefferson Ridge Parkway, Lynchburg, Virginia, 24501-6952. L3Harris is registered in SAM as a large business with active registration through 31 March 2023.

8. Other Facts: Prior awards to Harris Corporation for LMR System: GS35F0407L W9124E12F0099 for $133,903.54, GS35F0407L W9124E13F0041 for $56,448.24.

9. Technical/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.

Date: See digital signature

JRTC & Fort Polk, ACoS, G6

10. Contracting Officer Certification/Approval:

I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable based upon comparison of the proposed price with prices found reasonable on previous purchases.

I certify that this justification is accurate and complete to the best of my knowledge and belief, and that completing this purchase as a sole source is in the best interest of the Government. Additionally, I approve this justification to limit competition subject to the availability of funds and provided that the services or supplies herein described have otherwise been authorized for acquisition.

________ Date: See digital signature Christine Stringer Contracting Officer