REDACTEDfinal_SoleSourceJ A.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Section 13.501(a), Sole source (including brand name) acquisitions

National Archives and Records Administration

8601 Adelphi Road Room 3340 College Park MD 20740-6001

Annual Radio Airtime Subscription, Repairs, and Maintenance for Digital Federal Specialized Mobile Radios at

Archives I (Washington, D.C.) and Archives II (College Park, MD)

Technical Requirements Certification:

I hereby certify that this justification for other than full and open competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify this request is not the result of lack of advanced planning or a desire to expend funds while those funds are still available.

//signed// 09/08/2016 RICHARD E. SANDAGE JR. Date Technical Representative, BFF

Contracting Officer Concurrence:

I have reviewed this justification and conclude it meets all FAR requirements.

//signed// 09/12/2016 EVELYN Y. DEAN Date Contracting Officer, BCN

General Counsel Concurrence:

I have reviewed this justification and consider it legally sufficient.

//signed// 09/09/2016 JENNIFER KLEIN Date Procurement Counsel, NGC

Senior Acquisition Concurrence:

In accordance with FAR 13.501(a)(2)(i) as well as NARA 501, I concur with this justification for Other Than Full and Open Competition.

//signed// 09/12/2016 LA VERNE FIELDS Date Director, BCN

Competition Advocate Approval:

In accordance with FAR 13.501(a)(2)(i) and NARA 501, I hereby approve this justification for Other Than Full and Open Competition.

//signed// 09/14/2016 DONNA FORBES Date Competition Advocate, B

I. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING

ACTIVITY, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT

AS A “JUSTIFICATION FOR OTHER THAN FULL AND OPEN

COMPETITION”

See Pages 1 and 2

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING

APPROVED

The National Archives and Records Administration (NARA) requires approval of Other Than Full and Open Competition under FAR Section 13.501(a), Sole source (including brand name) acquisitions, for recurring annual airtime subscription and repairs for its digital two-way Federal Specialized Mobile Radios (FedSMRs-D) and on-site maintenance for five (5) base stations and two (2) bi-directional in-building amplifiers at Archives I (Washington, D.C.) and Archives II (College Park, MD). There is one and only one Contractor that can perform the requirement: Pegasus Radio Corporation (dba) Federal Radio.

III. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO

MEET THE AGENCY’S NEEDS (INCLUDING THE ESTIMATED

VALUE)

The purpose of this procurement is to provide continuous two-way radio airtime and repairs in accordance with the Performance Work Statement (PWS) for NARA’s digital two-way FedSMRs-D, as well as, on-site maintenance for five (5) base stations and two (2) bi-directional in-building amplifiers at Archives I (Washington, D.C.) and Archives II (College Park, MD). NARA’s Fiscal Year 2017 FedSMRs-D requirements are:

• Digital Unlimited Airtime Single Site, Single Channel, Campus only – 90 FedSMRs-D;

• Digital Unlimited Airtime Service: Networked Campus & Wide area 290 FedSMRs-D;

• Repairs as needed; and

• Maintenance for five (5) base stations and two (2) bi-directional in-building amplifiers

The cost estimate for the Base Year, $__________, was calculated based on historical actual pricing from Option Year IV of the current purchase order, NAMA-12-M-0005, modified to accommodate requirement changes:

• Addition of one (1) radio for the networked campus and wide area;

• Addition of one (1) in-building amplifier; and

• Inclusion of an Additional Services CLIN for each period of performance for the purpose of repairs and any installation of additional equipment required if needed in future1

The option years have been escalated by the January 2016 Congressional Budget Office’s 10-Year Economic Projections2 projected Employment Cost Index (ECI) for Private Wages and Salaries inflation factors outlined in the following table:

Estimated Price for Budgeting Purposes

IV. AN IDENTIFICATION OF THE STATUTORY AUTHORITY

PERMITTING OTHER THAN FULL AND OPEN COMPETITION.

The authority for this action is 41 U.S.C. 1901 as implemented by FAR 13.501(a)(1)(ii). This proposed contract action meets the requirement of FAR 13.501(a)(1)(ii). Furthermore the cited authority is supplemented by the unique regulatory authority referenced below in Paragraph V. Also see Paragraph II above.

V. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S

UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION

REQUIRES USE OF THE AUTHORITY CITED

Department of Commerce’s National Telecommunications and Information Administration (NTIA) regulates the Federal Radio Frequency Spectrum. The Manual of Regulations and Procedures for Federal Radio Frequency Management, May 2013 Edition – September 2015 Revision4, states:

1 Not-to-exceed $10,000.00 annually. Historically, the most common repair is the replacement of the volume control knob, which is $___ per radio.

2 www.cbo.gov/publication/51129

3 The annual amount for Additional Services is added after application of the ECI

4 Authorized by the Reorganization Plan No. 1 of 1977, Executive Order 12046 of March 26, 1978, and Department of Commerce Organization Order 10-10 (October 5, 1992).

Period Price Estimate ECI Inflation Factor Used3

Fiscal Year

Base Year 0 % 2017 Option Year I 3.4 % 2018 Option Year II 3.4 % 2019 Option Year III 3.3 % 2020 Option Year IV 3.2 % 2021

Total (All Years) http://uscode.house.gov/

8.2.48 Trunked Land-Mobile Radio Systems, paragraph 2:

Trunked land-mobile radio systems may be established by an individual agency or cooperatively by several agencies. Innovative methods of using commercial entities to design and operate trunking systems under sponsorship of one or more Federal agencies are encouraged. Frequency assignments for shared trunked land-mobile radio communication systems shall be obtained by the installing, sponsoring or lead agency which is responsible for managing the system. Individual user agencies are not required to obtain frequency assignments to share the system if operated in accordance with provisions of Paragraph 4, Section 9.1.2.

9.1.2 When the Submission of an Application is Not Required to Obtain Authority to Use a Frequency, paragraph 4, states:

Individual user agencies are not required to submit applications to obtain frequency authority for stations operating in a trunked land-mobile radio system. The agency, or designated lead agency managing the system, will obtain authority for all stations that use the system.

Accordingly, NTIA is the sponsoring Federal agency and Federal Radio is the commercial entity. Also, as per the NTIA order5, Federal Radio is the sole contractor for the federal government in the Washington, D.C. area for the construction, operation, and maintenance of a federal government land mobile radio trunking system. As such, Federal government agencies and contractors located in the Washington, D.C. metropolitan area are required to use Department of Commerce order SB1335-14-SE-0234.

The FedSMR-D service utilizes an open protocol system, NXDNTM Type D, which contains proprietary information that is owned by FRSC. The proper operation of the system requires all fixed equipment and subscriber equipment to be in proper working order. In addition, the FedSMRs-D require a password for certain maintenance and programming options. Only the system owner is authorized to be in possession of this password. Federal Radio possesses the password for the Washington, D.C. FedSMR-D system. Therefore, FRSC is the only source authorized by NTIA to provide FedSMR-D airtime and maintenance services.

VI. 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.

5 SB1335-14-SE-0234

This requirement will not be synopsized at the government-wide point-of-entry in accordance with FAR 5.202(a)(4), Exceptions. There is no competing service.

The use of FRSC for this requirement is mandated by the NTIA. See paragraph V above.

NARA will post a notice of its intent to sole source this requirement at the government-wide point-of-entry stating its intent to issue a firm fixed-price, sole source purchase order to Federal Radio, as well as, a sole source justification and approval.

VII. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE

ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND

REASONABLE

The Contracting Officer determines, in light of the historical pricing of these services, that the anticipated cost to the Government will be fair and reasonable.

VIII. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE

PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON

MARKET RESEARCH WAS NOT CONDUCTED

See paragraph V and VI above.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL

AND OPEN COMPETITION. SEE FAR 6.303-2(a)(9)

NARA has a significant investment in equipment that is engineered to operate with the Federal Radio System frequencies. This equipment includes: 380 hand held portable radios, four (4) base stations, two (2) cross band repeaters and two

(2) in-building bi-directional antenna system. In addition, FRSC installed a Repeater System at Archives II at no additional cost to the Government. To migrate to another service would involve a costly replacement of all equipment.

X. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN

WRITING, AN INTEREST IN THE ACQUISITION

None

XI. 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

NARA will continue to stay abreast of revisions to The Manual of Regulations and Procedures for Federal Radio Frequency Management, September 2015 Revision of May 2013 Edition, as well as, the terms and conditions of Department of Commerce/NOAA/AGO order SB1335-14-SE-0234, Option Year II expires July 31, 20176, in the event additional authorized sources become available.

NARA will also continue to monitor the government-wide point-of-entry for indications of changes in the marketplace.

XII. CONTRACTING OFFICER CERTIFICATION THAT THE

JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF

THE CONTRACTING OFFICER’S KNOWLEDGE AND BELIEF

See Page 1.

6 NARA acknowledges NTIA’s order will expire July 31, 2019, during NARA’s Option Year II. As such, NARA will verify that a contract vehicle is in place prior to exercising its Option Years II through IV.

Total (All Years)