JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

WHITE FLINT COMPLEX TWO-WAY RADIO SYSTEM

1. Identification of the agency and contracting activity.

1. Federal agency and contracting activity. NRC and the Division of Contracts.

1. Sponsoring organization. Facilities Security Branch.

1. Contracting Officer Representative information.

Gary Simpler, Facilities Security Specialist

ADM/DFS/FSB (T6 E-38)

301-415-5002 (Office) Gary.Simpler@nrc.gov

2. Nature and/or description of the action being approved.

1. Acquisition purpose and objectives. The U.S. Nuclear Regulatory Commission (NRC) seeks the design and installation of an integrated two-way radio system that will communicate between NRC’s three headquarters’ buildings. The system design must demonstrate clear two-way radio communication between the NRC’s One, Two and Three White Flint Buildings at all times.

1. Project background. The NRC seeks to purchase an integrated two-way FM radio multiple–channel communications system that will provide real-time communications capability throughout the NRC’s White Flint Complex. This system will support of the execution of the NRC’s COOP and OEP, as well as tactical guard force operations. Currently the NRC does not possess a two-way radio communications system or any type of communications system. The NRC currently utilizes a combination of cell phones, runners and communication through the guard force’s antiquated two-way FM radio system. During the recent earthquake on August 23rd, 2011 the cell phone networks went down, which significantly increased the time and effort required to gain accountability of staff members. The existing two-way FM radio system employed by the guard force is limited to short range line-of-sight transmissions and is lacking in its ability to assist with tactical communications. The guard force radio system is also severely limited inside buildings due to a lack of an integrated antennae and repeater system.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. WHITE FLINT COMPLEX TWO-WAY RADIO SYSTEM

b. Project description. The contractor shall provide installation of an FM radio system with repeaters capable of communicating from all NRC Headquarters White Flint complex buildings thereby creating a flexible and more efficient management and monitoring system.

1. Requirement type.

Research & development (R&D) R&D support services Support services (non-R&D) Supplies/equipment

· Information technology (IT) Construction Architect-engineer (A-E) services Design-build Other (specify): ____________________

1. Type of action.

· New requirement Follow-on Other (specify): ______________________

1. Proposed contract/order type.

· Firm-fixed-price Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee): __________ Cost-plus-fixed-fee Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee): ___________ Time and materials Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ___________ Other (specify): ___________ Completion Form Term form

1. Request for Procurement Action (RFPA) number. ADM-12-368.

c. Total estimated dollar value and performance/delivery period. September 1, 2012 to August 31, 2017 with an estimated dollar value of $175,106.00.

4. Identification of the authority permitting other than full and open competition.

· This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302- 1.

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

0. Name and address of the proposed contractor(s).

Federal Radio 1202 Technology Dr.

Suite C, Aberdeen, MD 21001

0. Nature of the acquisition and proposed unique qualifications of the contractor(s).

NRC is required by the Department of Commerce, National Telecommunications and Information Administration (NTIA), Office of Spectrum Management, to utilize a specialized mobile radio (SMR) system operated by Federal Radio. The Office of Spectrum Management manages the Federal Government Radio Frequency Spectrum. The Manual of Regulations and Procedures for Federal Radio Frequency Management, January 2008 Edition - May 2011 Revision, states:

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, 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 this source for those types of requirements.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

This justification for other than full and open completion will be posted at the government wide point-of-entry, FedBizOpps within 14 days after contract award in accordance with FAR subpart 6.305(a).A notice of intent was posted on FBO on August 21, 2012.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable.

The contracting officer will perform price analysis and only award a purchase order if the price is deemed to be fair and reasonable.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted.

0. The Contracting Officer reviewed online materials from the National Telecommunications and Information Administration (NTIA) and confirmed that only one source is available to provide this service.

0. The Contracting Officer spoke with the Contracting Officer’s Technical Representative at the NTIA that manages the contract with Federal Radio to verify the nature of these services and Federal Radio’s exclusivity as the provider.

9. Any other facts supporting the use of Other Than Full and Open Competition.

None.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition.

None.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services.

The NRC Division of Contracts will closely scrutinize any justifications for other than full and open competition for similar requirements in the future and will compete requirements to the maximum extent practicable, consistent with the requirements and the availability of competition in the marketplace.

By signing below, the technical requirements official noted above certifies that the justification is accurate and complete to the best of his/her knowledge and belief.

Contracting Officer Representative Certification

This is to certify that the justification for the proposed acquisition has been reviewed and that to the best of my knowledge and belief the information and/or data provided to support the rationale and recommendation for approval is accurate and complete.

Contracting Officer