P03 J_A L3 Harris Communcations Upgrade Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C257-22-AP-2961 JOFOC # 2022-05-03T06:47:02

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 17 VHA Regional Procurement Office-West (RPOW) 124 E HWY 67 Suite 100 Duncanville, TX 75137 2237: 674-22-2-4027-0023

2. Nature and/or Description of the Action Being Processed: This procurement is for L3 Harris Communications System upgrade for the Central Texas Veterans Healthcare System (CTVAHCS) in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR

13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This is a CTVAHCS communications infrastructure update with services that include preventive maintenance checks, testing of critical components, security update management services plus (SUMS+) updates, and a VIDA system hardware refresh for improved operation security of the P25 Communication system.

This will be Firm Fixed Contract.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(x ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Dailey and Wells Communications Incorporated is the current provider of the maintenance and repair services for the CTVAHCS Police Services L3 Harris Communication system. Dailey and Wells is a logical contractor to provide hardware and system upgrades for the current system to avoid degradation of communications capability between the Waco, Temple, and Austin Texas Veterans Affairs Police command posts. Replacement of the entire communication system estimated cost is over $2.5 million resulting in duplication of costs not expected to be recovered through competition. Also, it

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 2 of 3 will add additional labor hours to decommission the current system and will require a plan to maintain continuity of intelligence, surveillance, and reconnaissance police activities while systems are replaced. This will result in unnecessary degradation of emergency communication systems.

Due to these facts, sole source procurement for this acquisition to Dailey and Wells is required. This justification applies to the entire acquisition.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A sources sought synopsis was issued from 25 April 2022 through 29 April 2022 with an intent to solely negotiate with Dailey and Wells Communications Incorporated for the procurement of the CTVAHCS Police Services communication system update, no responses were received. The synopsis remained active until 14 May 2022.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Price is expected to be fair and reasonable and will be evaluated against prices in the current market for similar services, comparison of proposed prices found reasonable on previous purchases, current price catalogs Dailey and Wells charge the public and other Government entities for the same services, and comparison to the Independent Government Estimate.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: 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. No SB concerns in any socio-economic category responded to the notice, nor appears capable of fulfilling this requirement. This requirement can be fulfilled by Dailey & Wells Communications Inc. as the current provider of the current maintenance agreement and logical choice to execute a refresh of the L3 Harris Communication system. This requirement is for services, therefore, the buy American Act does not apply.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Dailey and Wells is the only source that expressed interest in the acquisition.

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:

The Government will continue to monitor the interoperability of ISR communications technology in the law enforcement industry to assess the feasibility of upgrading or replacing the communication systems with minimum or no disruption to CTVAHCS Police emergency communication capabilities