Navy_Enterprise_Land_Mobile_Radio_(ELMR)_-SSJ_(FBO).pdf

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Date: 17 July 2019

MEMORANDUM

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

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N3220591826102

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, 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 because 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:

1. Provide a description of the item or service required, to include

a) the name of the required source or brand name Procurement of 10 Motorola APX-8000 UHF handheld radios with the required features/options to be utilized to support the Navy ELMR mission requirements. Development of Code Plug for the APX-8000 and creation of one (1) master codeplug and eight (8) child supportive codeplug to support the operation of the UHF handheld radios.

b) the required delivery date/period of performance and

RDD: 01 Sept 2019

c) its intended use.

To support Navy Enterprise Land Mobile Radio (ELMR) system which will allow digital signaling capability to prevent analog signal interferences during operations.

2. List the source(s) or known vendor(s) who are able to provide the above described item or service.

Motorola and its Authorized USA Distributors

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. __X__ RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

a. Explain what is subject to the restrictive rights.

Motorola owns the proprietary rights for current onboard communication devices and support equipment. Motorola Solutions, Inc. (MSI) is the OEM of the Navy Enterprise Land Mobile

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Radio (ELMR) System. MSI develops the code plugs wthat will allow MSC to communicate with United States Naval assets.

b. If drawings are included, who is identified as “owning” the drawings.

Motorola Solutions, Inc.

2. __X__ 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.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

Motorola APX-8000 Navy Enterpise Land Mobile Radio (ELMR0 Systems. Motorola Solutions Inc (MSI) is the OEM of the Navy Enterprise Land Mobile Radio (ELMR) Systems. The developing a Master Code Plug to support operation of APX 8000 radios to be fielded by Military Sealift Command (MSC) on the Navy ELMR Systems for CONUS, EURAFSWA, JRM and CNRJ Regions.

b. Identify the distributor / authorized technical representative for the item or service.

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

(NOTE: If there is more than one distributor / authorized technical representative, then use Part B – Brand Name.)

Motorola is the OEM with multiple authorized distributors

Cynergy Professional Sys AEG Group Inc. Bear Communications, Inc. Tidewater Comm Irvine, CA Grayslake, IL 60030 Chantilly, Va Virginia Beach, Va

(949) 340-0149 (847) 548-7197 (703) 818-8800 (757) 497-4321 Cage: 5QEP7 Cage: 50G19 Cage: 1RXW7 Cage: 0RZV8

3. __X__ OTHER REASON:

a. _____ CRITICAL SHIP EQUIPMENT: The required item is critical ship equipment, the failure of which poses a hazard to the ship, the crew or the environment.

i. SMS Procedure Number: ___________________________

b. _____ STANDARDIZATION / BRAND NAME: Per MSCs standardization initiative, only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s): Motorola APX-8000 Navy Enterpise Land Mobile Radio (ELMR0 Systems.

ii. Identify other vessels with this Make / Model:

c. _X__ FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with existing equipment / configurations.

i. Identify Make / Model of existing equipment:

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Motorola APX-8000 Navy Enterpise Land Mobile Radio (ELMR0 Systems.

ii. Describe how the equipment must be compatible with the existing configuration.

N4 previously issued ELMR radios at N34’s request, but there was no sustainment plan established. The radios were a model that ended production in 2013, and the manufacturer stopped providing support for them in 2018. The previous radio was single-band model that works only in CONUS. The proposed radio is a dual-band model that will work worldwide. ELMR radios are an ATFP requirement by Navy policy and doctrine, as well as fleet OPORDs. When in Navy ports, ELMR provides fast and effective routine communication between ship and shore security forces - and more critically during a security threat or incident.

d. _____ OTHER:

4. _____ 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. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified: ______________________________

b. Required delivery date / Period of Performance: _____________________________

c. If the difference between a. and b. is more than one week, explain the delay in submitting t he requirement.

d. Estimated production lead time: ______________________________

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number: _________________________________________

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $120,000.00

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V. CERTIFICATIONS AND APPROVALS:

Technical / Requirement Certification: 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.

Requester Signature / Date

Level Higher (Suppo / SPE / ASPE) / Date

Contract Specialist / Date

Contracting Officer / Date