LMR_Justification.pdf

MEMORANDUM TO THE FILE

SUBJECT: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

I. BACKGROUND

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE

Manufacturer or Service Provider: ___________________________________________________

Dealer Representative (if applicable): ________________________________________________

Point of Contact: __________________________ Phone Number: ________________________

Street: _________________________________________________________________________

City: _______________________ State: ________________ Zip Code: ________________

Required Delivery Date or Period of Performance: _________________________

Provide a description of the item or service required, to include its intended use. If applicable, provide manufacturer part number.

Motorola Solutions

01 July 2019- 31 December 2019

The objective of this contract is to establish maintenance and network monitoring support for LMR-HI Motorola dispatch consoles, site infrastructure, voice logging recorders and playback stations. This equipment was purchased by CNIC and is falling out of warranty. This contract will maintain a service to provide network monitoring, on-site infrastructure repair software update service, patch management, preventative maintenance, and technical support.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING: (select all that apply):

A. ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. RESTRICTIVE RIGHTS

The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

Explain what rights are restricted, why the restrictive rights make the required item or service available from only one source, and why another company could not satisfy the Government’s need.

2. EXCLUSIVE LICENSING AGREEMENTS

The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

Explain the circumstances surrounding why the item or service is only available from the manufacturer or service provider.

OR

Provide evidence of the exclusive licensing agreement as an attachment to this document.

NOTE: If there is more than one distributor/authorized technical representative for an OEM part, then Part B, BRAND NAME SOLE SOURCE, is applicable, and Part A, ONLY ONE RESPONSIBLE SOURCE, should be left blank.

Monitoring the HI-LMR system requires configuring proprietary software to direct status messages to a remote monitoring facility. Only Motorola has the requisite knowledge, resources and owns the proprietary data rights to make those required configuration changes. Troubleshooting the system requires pulling logs, capturing data streams and reimaging discs. Since the software is proprietary, only Motorola can perform these functions. Furthermore, DoD 8500.2 Information Assurance Implementation requires the LMR program to maintain IA compliance.

Since Motorola’s software and firmware are proprietary, only Motorola has the facilities to test and validate the latest commercial software patches and apply them remotely to the HI-LMR system. Testing of these security patches requires access to the source code, which is proprietary to Motorola.

The equipment owned by Land Mobile Radio Hawaii (LMR-HI) is manufactured by Motorola Solutions. LMR-HI is part of the Enterprise Land Mobile Radio (ELMAR) which operates the 24/7 Life and Safety Radio Dispatch for Regional Dispatch Centers, that Emergency responders use through the world.

The ELMR system was procured through a multi-award contract in September 2007 at a with the lowest bidder being selected. The lowest bidder, Northrop Grumman, selected Motorola as the subcontractor to provide the radio equipment. Although Motorola considers their equipment to be commercial items that were developed at their own expense, the software that operates the equipment is proprietary. While the Government obtained a license to use the software, the Government has restricted rights and cannot provide other potential offerors the software. After installation was complete, sustainment of the EMLR system was accomplished via N39430-13C-1220 and N39430-16-C-1812.

Motorola is the manufacturer of the primary equipment in the ELMR system being maintained under NAVFACs AT/FP Ashore program. Sustainment of the ELMR system requires monitoring of the ELMR system, corrective and preventive maintenance, and maintenance of Cybersecurity compliance. Monitoring the ELMR system requires configuring proprietary software to direct status messages to a remote monitoring facility. Only Motorola has the knowledge and expertise to make the configuration change. Troubleshooting the system requires pulling logs, capturing data streams and re-imaging discs. Since the software is proprietary, only Motorola can perform these functions.

LMR-HI currently obtains equipment sustainment via NAFAC EXWC's Contract N39430-16-C-1812 When the modification was issued, the POP date ended 30 June 2019, 6-months prior N39430-16-C-1812 end date. Contracting Office is unable to end the POP date due to consolidation approvals required. Therefore, LMR-HI is required to contract out their equipment separately, until EXWC's incorporates LRM-HI into the follow on contract.

A lapse in service would greatly increase the risk of loss of life or critical equipment by putting Navy First Responders, Radiological Emergency Responders and other lifesaving personnel at risk of losing critical communications. The services currently provided by this contract are critical for the protection of personnel and equipment on Navy bases.

3. OTHER REASONS

Other reason not identified above. Provide details on mission impact if requirement is not solicited from only one source.

B. BRAND NAME

Item required must be a brand name product, or feature of a product, particular to one manufacturer.

Discuss why you are precluding consideration of a product manufactured by another company. Describe how the particular brand name, product, or feature is essential to the Government’s requirements and why a “brand name or equal” purchase description cannot be used (see FAR 11.104). Describe how market research indicates other companies’ similar products or products lacking the particular feature do not meet, or cannot be modified to meet, the agency’s needs.

C. UNUSUAL AND COMPELLING URGENCY

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified: _______________________________

2. Explanation of why delivery/commencement of services by the date mentioned above is required:

Explain the impact to the mission if the date above is not met, any special circumstances or conditions that exist which validate the requirement as “urgent,” estimated production lead time for the item, etc.

3. If appropriate, include any additional pertinent information.

IV. CERTIFICATIONS/APPROVALS

A. Technical / Requirements Certification (Requiring Activity):

I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

B. Approval (Contracting Activity):