P03- Brand Name Only Above SAT Buffalo Portable Radios.pdf

Attachment 1: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 6 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C242-25-AP-3769

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-25-AP-3769

1. Contracting Activity: Department of Veterans Affairs, VISN 02, VHAWNYHCS Medical

Center, Buffalo and Batavia

2237: 528-25-3-4087-0037

2. Nature and/or Description of the Action Being Processed:

This firm fixed-price requirement is for the procurement, installation, and programing of portable radios, repeaters, ancillary equipment and supplies needed to replace the existing Engineering Department portable radio networks.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

VHAPG Part 806.3 OFOC Page 2 of 6

Acquisition ID#: 36C242-25-AP-3769

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

FAR 6.302-1 (Brand Name Only)

System Compatibility: Currently the VA Police at the Buffalo & Batavia VAMC’s utilize Motorola radios. A large portion of the equipment being purchased under this agreement is a replacement for the end-of-life transmitters and receivers that support these radios. Motorola radios and ancillary equipment are required to ensure continuing operability of the existing Police radios. Logically since the Police have Motorola radios the new Engineering radios purchased under this agreement need to be Motorola, this will allow both departments to use the same network backbone saving costs and resources.

Network Security & Encryption: Required frequency bands are 7/800 MHz, UHF, VHF. The security levels of the radio vary by model type, they are either required to meet FIPS 140-3, level 1, FIPS 140-3, level 3, or FIPS 197 standards and shall have Wi-Fi 802.11 a/b/g/n/ac, 2.4 and 5 GHz band capability

Mission Critical Reliability: The VAMCs require Motorola equipment to ensure continued reliability with existing communications. The new Motorola radios will be able to connect to LTE cell towers so staff at offsite locations can communicate with base stations located at the facilities. Currently the Engineering radios are in dire need of replacement which is causing a safety issue for staff who must enter crawl spaces where steam lines and electrical systems reside. Equipment must have digital trunking 9600 Baud, and Analog trunking 3600 Baud, Bluetooth capacity, and man down/fall alert features.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

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Acquisition ID#: 36C242-25-AP-3769

A Sources Sought notice 36C24225Q0883 was published to SAM.gov and GSA eBuy on 7/23/2025 and closed on 08/01/2025 @4:00 PM EST. Sources Sought notices are valuable because they cast a wide net, ensuring the Government learns about all qualified vendors and structures the solicitation in a way that maximizes fair competition.

GSA eBuy received the following four (4) vendors interested in supporting this requirement:

New Tech Solutions, Inc ACG Systems, Inc Ewing Electronics, Inc. DBA: Ewing Engineered Solutions Microtechnologies, LLC

SAM.gov received the following eleven (11) vendors interested in supporting this requirement:

RF Technology Americas, Inc Eastern Communications Aknew Consulting New Tech Solutions, Inc AEG Group, Inc Microtechnologies, LLC Cynergy Professional Systems, LLC Communications Applied Technology Timeless 8 BK Technologies Software Information Resource Corporation Solvix Solutions, LLC

The rationale to determine unacceptability of any notice respondents was all equipment purchased under this acquisition must be interoperable with the Motorola radios currently utilized by the facilities.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable:

Price Analysis will be conducted by comparing current Motorola GSA Schedule contract pricing, other agency procurements, and historical purchase records Final determination will confirm that pricing is fair and reasonable

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

FPDS was searched using keywords “Motorola Radios” filtered by date signed and VA.

This produced 366 results from a wide range of vendors. FPDS was searched using keywords “Portable Radio Network” filtered by date signed and VA. This produced 15 results. FPDS was searched using keywords “Portable Radios” which produced 189 results.

GSA was searched using the following keywords: “Portable Radios”, “Morotola Radios”, VHAPG Part 806.3 OFOC Page 4 of 6

Acquisition ID#: 36C242-25-AP-3769 and “Motorola 9600”.GSA was searched using keywords “APXN30” which produced an exact match. GSA was searched using keywords “APXN70” which also produced an exact match.

Items in this requirement can be seen on GSA Advantage. GSA eLibrary was searched using MAS/33411 which produced 867 contractors.

SBA was searched using NAICS “334220” filtered by keywords “Portable Radios” which produced 3 results. SBA was searched using NAICS “334220” filtered by keywords “Motorola Radios” which produced 2 results.

SBA was searched for SD/VOSBs using NAICS “334220” which produced 501 SDVOSBs and 97 VOSBs. SBA was searched for SD/VOSBs using NAICS “334220” filtered by keywords “Portable Radios”. This produced 0 SDVOSBs and 0 VOSBs.

ADDSUP was searched using the following keywords: “Portable Radios”, “Portable Radio Network”, and “Motorola Radios”.

SAM was searched for the 3 SDVOSB vendors: Cynergy Professional Systems, Microtechnologies, LLC, and Aknew Consulting, LLC. All 3 vendors have an active registration in SAM. Also SBA VETCERT was searched for the 3 mentioned SDVOSBs. All 3 SDVOSBs have an active SDVOSB cert.

As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. Through market research and a sources sought posting, it has been determined this requirement can be fulfilled through the open market as a total SDVOSB set-aside.

Buy American Statute: Domestic end products are available for this acquisition.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

The equipment requested must be compatible with the current Morotola radios already in use in the facility. To maintain operational efficiency, reliability, and security, it is essential that only Motorola radios and required ancillary equipment are used in conjunction with the existing Motorola radio system at the facility. Mixing different brands introduces complexities in firmware, feature support, and user interface consistency. Also, using only Motorola equipment ensures all devices can participate in encrypted communications without compatibility or security risks.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

ACG Systems, Inc Ewing Electronics, Inc. DBA: Ewing Engineered Solutions RF Technology Americas, Inc Eastern Communications Aknew Consulting New Tech Solutions, Inc AEG Group, Inc Microtechnologies, LLC

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Acquisition ID#: 36C242-25-AP-3769

Cynergy Professional Systems, LLC Communications Applied Technology Timeless 8 BK Technologies Software Information Resource Corporation Solvix Solutions, LLC

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any

Barriers to Competition before Making subsequent acquisitions for the supplies or services required:

Where feasible, future procurements may be structured as brand name or equal if true functional equivalents become available.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Name Date Title Facility

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Title

2025-09-03Buffalo VAMC Engineering AUS Robert F. Snyder Jr

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Acquisition ID#: 36C242-25-AP-3769

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

NCO/PCO XX Duty Title