LSJ Justification for Radio Maintenance December 2024 Signed.pdf

JUSTIFICATION AND APPROVAL FOR OTHER-THAN FULL-AND-OPEN COMPETITION

Contract No.: 9531CB25C0008

A. JUSTIFICATION:

1.0 Agency and Office Name:

Consumer Financial Protection Bureau (CFPB), 1700 G Street NW, Washington, D.C. 20052, Operations Division, Office of Security.

2.0 Nature and/or description of the action being approved:

This procurement action will result in the award of a contract to Pegasus Radio Corp, DBA the Federal Radio Service Corporation (Federal Radio), 1202 Technology Drive Suite C, Aberdeen, Maryland 21001, for trunked radio services. CFPB acquired ICOM UHF trunked radios in 2011 from the Office of the Comptroller of the Currency (OCC) as a result of a contract transfer from the OCC to CFPB when CFPB established its headquarters at 1700 G Street NW.

CFPB has since updated its inventory of radios to Motorola UHF trunked radios along with a support system to increase its effectiveness at its headquarters but it is still using the proprietary UHF trunked infrastructure. This procurement action will be a new contract with Pegasus Radio Corp for maintenance, airtime, and licensing.

3.0 Description of Requirement (Including the estimated value):

CFPB has a continued need for radio maintenance, airtime frequency and system maintenance on these radios in support of emergency management and security operations. This procurement will provide wide area service, on-site service, and a DSL connection for the base and two option periods. The cost of the base period is approximately $15,540.00 and for each option period thereafter, if exercised at the sole discretion of the Government. The total cost estimate for the base period and option periods is expected to be $77,700.00.

4.0 Statutory authority permitting other-than-full-and-open-competition:

FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements (includes brand name, and exclusive licensing agreements or proprietary information)

X

5.0 Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited

Federal Radio operates the trunked radio service for federal government agencies and contractors. The firm operates wide band trunked radio service and the 1CommWireless narrowband digital trunked radio service. Federal Radio, as the operator of the FedSMR, 1CommWireless and IDOR airtime service, is the only available source for the radio services. The firm is responsible for operating the 1CommWireless system and protecting the proprietary technical parameters of the programming information. This information is protected to guard against unauthorized system intrusions and malicious disturbances for the protection of the federal government’s vital communications, and to secure intellectual property.

The Department of Commerce’s National Telecommunications and Information Administration (NTIA) has been designated as the regulating agency for all federal spectrum use as specified in Executive Order 12472, Section 2 (c)(3) dated April 3, 1984. As the designee, NTIA, with advice from the Emergency Planning Subcommittee (EPS) and Spectrum Planning Subcommittee (SPS), reviews National Security and Emergency Planning (NSEP) spectrum dependent systems and assigns the appropriate telecommunications service priority for radio communications (TSP-R) (spectrum use priority) and system approval certifications to ensure system compliance, policies, allocations, regulations, and technical standards (Federal, National, and International), to protect the Federal Continuity of Government critical emergency preparedness. The SPS Secretary maintains a list of NTIA approved trunking systems and their TSP-R information.

Radio frequency and telecommunications have specific interoperability and compatibility requirements that are regulated to provide a secure and survivable interagency telecommunications capability within the Department of Defense, Department of Homeland Security, the White House, and state/local governments and their existing radio frequencies. NTIA has identified Pegasus Radio Corporation (DBA Federal Radio) as the only approved provider of trunked radio service to the Federal Government in the Washington, DC Metropolitan area.

6.0 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, details of which are in the market research section of this document. This effort did not yield any additional potential sources who could meet the Government’s requirements. There is no competition anticipated for this acquisition. This requirement and JOFOC will be posted on sam.gov as it is less than $150,000.

7.0 Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

To determine historical pricing and complete a price analysis, the Contracting Officer reviewed the CFPB’s previous five year contract with Federal Radio.

On August 21, 2023, the CFPB awarded a follow-on contract for radio airtime and maintenance in the amount of $74,700.00, $14,940.00 for the base year and each Option Year thereafter, respectively which the CFPB determined to be fair and reasonable. The Option Period pricing included Wide Area Service, On Site Service, and DSL Connection. In 2023, the Bureau awarded a five year contract for radio airtime and maintenance in the amount of $74,700, which the CFPB determined to be fair and reasonable.

The services provided for this contract are expected to be the same or similar as for the Option Years, as well as for the more recent contract 9531CB23C0024.

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

Federal Radio Service (i.e.. Pegasus Radio Corp) provided a letter to CFPB stating it is the only source for FedSMR-D and IDOR airtime subscriptions, programming, and complete equipment maintenance service. No other company is authorized to provide government-dedicated trunked radio service.

A copy of the letter is retained in the contract file.

9.0 Any other facts supporting the use of other than full and open competition, such as:

9.1 Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. N/A

9.2 When 6.302-1 is cited for follow-on acquisitions as described in 6.302-

1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. N/A

9.3 When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. N/A

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

None

11.0 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.

The Government will continue to conduct market research and use sam.gov, if applicable, to find other possible sources in the marketplace to fulfill future trunked radio airtime and maintenance requirements.

B. APPROVAL.

2.0 PROCUREMENT STAFF. To the best of my knowledge and belief, I certify that this justification is accurate and complete.

Name: Nicole M. Fils Date Title: Contracting Officer http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P85_11639 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P85_11639 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P85_11639 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P110_16728