LMR EFO REDACTED.pdf

Control Number: MICC 2022-65

Justification for an Exception to Fair Opportunity Under FAR Part 16

1. Contracting Activity: U.S. Army Mission and Installation Contracting Command (MICC-Fort Belvoir), 9410 Jackson Loop, Suite 101 Bldg. 1425, Fort Belvoir, VA 22060-

2. Description of Action: The Regional Network Center-NCR requests a new firm-fixed-price Task Order against the TacCom II IDIQ (70B04C19D00000038) with L3 Harris Technologies, 221 Jefferson Ridge Parkway, Lynchburg, VA 24501; Phone: 800- 528-7711. The Government projects award for 1 September 2022 and fiscal year 2022, Operations and Maintenance funds will be used. 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 Services and Equipment: The LMR system requires Preventive Maintenance, as-needed Repair, and Updated Software, in order to provide communication support for regional first responders. Services under this requirement include:

a. LMR System Infrastructure Maintenance: 24/7 on-call maintenance support and repair and replacement of fixed infrastructure equipment at the main and remote sites as well as maintain and repair connectivity to the remote sites during the maintenance period. Infrastructure equipment includes but is not limited to: Radio Frequency (RF) transmitters and receivers, voice network interface controllers, RF site controllers, IP-based routers and switches, emergency dispatch consoles, virtual and physical network servers running proprietary software applications specific to LMR, interoperability gateways, and network monitoring terminals.

b. LMR System Software FX and SUMS2 Support: Includes performance enhancements, new and/or optional features, latest software releases and updates no less than once per quarter and as requested in order to keep the network current within the existing version boundary. Software support extends to all infrastructure components with replaceable software.

Base Period: 09/01/22 to 06/30/23 Value: $1,560,947.00 Option Period 1: 07/01/23 to 06/30/24 Value: $1,590,650.00 Option Period 2: 07/01/24 to 06/30/25 Value: $1,621,006.00 Option Period 3: 07/01/25 to 06/30/26 Value: $1,762,999.00 Option Period 4: 07/01/26 to 06/30/27 Value: $1,794,695.00 FAR Clause 52.217-8 option: 07/01/27 to 12/31/27 Value: $897,347.50

Total Value: $9,227,644.50

4. Authority Cited: 10 United States Code 3406(c)(2) as implemented in 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.

5. Reason for Authority Cited:

a. L3 Harris Technologies is the incumbent Contractor who provides the RNEC- NCR with preventive maintenance and updated software support contract on its Land Mobile Radio (LMR) systems that fall under the NCR, in order to support regional first responders. The NCR LMR system was installed by Harris Technologies in 2004 and updated in 2015, and in order for the system to function properly and maintain information assurance (protection against outside vulnerabilities) software updates are necessary. As part of the maintenance of the system, periodic updates to the software must be installed. Harris Technologies has developed the software that runs its LMR systems entirely at private expense and therefore owns all intellectual property rights thereto. Harris is the only party authorized to provide the specific comprehensive maintenance features included with its FX Software agreement and does not sell its software to other vendors. Finally, in order to work on the infrastructure, personnel must have received specialized training for the NCR LMR equipment which is manufactured by L3 Harris Technologies.

b. The only possible alternative to allowing L3 Harris Technologies to fulfill the overall requirement would be to replace the entire NCR LMR system with another company’s equipment, which would eliminate the need for Harris’s software. The installation of one (1) four-channel LMR site would cost between $1.5 and $2 million;

and the cost to replace the entire NCR LMR system would be approximately $22 million.

This would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition. Therefore, while there could be a potential alternative, this option would not be cost effective to the Government.

c. If this preventive maintenance and updated software support maintenance request is denied, the NCR LMR system will face potential outages and failures which could result in unmet needs and loss of life due to failed communications of NCR first responders. In addition, the integration of another LMR system would require 2500 man-hours at a minimum to accomplish. Procurement of non - L3 Harris Technologies brand infrastructure would require complete replacement of all infrastructures, the re-programming of all end user LMR devices, re-establishment of LMR maintenance contracts, the purchase of new programming software/hardware, formal factory training for government infrastructure maintainers, and excessive downtime for all LMR users in the NCR. Due to the current need for this essential expansion to support multiple emergency response agencies, it is not feasible at this time to transition to a new LMR system which would take approximately 3-5 years to fully implement and cause significant duplication in costs to the government. The magnitude would reach all NCR sites, including: Fort AP Hill, Adelphi Laboratory Center, Raven Rock Mountain Complex, Fort Belvoir, Fort Detrick, Fort McNair, Fort Meade, Fort Myer, Germantown,

8. Other Facts: This is a follow on to Contract W91QV1-17-C-0175, LMR Systems preventive maintenance and software support. The prior contract was awarded to Harris Technologies on June 30, 2017 and Option Year 4 ended on June 29, 2022. A 2 month extension under FAR 52.217-8 was accomplished extending the period of performance to 31 August 2022.