P03 - Police Radios_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >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-3800

JOFOC #: 2022-10-07-T15:48:58

1. Contracting Activity: Department of Veterans Affairs, VISN 17, Thomas E. Creek Medical Center, Amarillo, TX 79106; Police Service; 504-23-1-5135-0003

2. Nature and/or Description of the Action Being Processed: This procurement is for Motrola brand police radios in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Products and Commerical Services, 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. This justification is for Brand Name Only Motorola radios and the action is a new requirement anticipated to be awarded as a firm-fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The equipment required is Motorola APX Next (Qty 30), Motorola APX 8500 with programming and installation (Qty 5), system integration and yearly device subscription. The estimated value is which includes equipment and four years of device subscription. The period of performance is to begin as soon as possible after award and the device subscription is to commence each year for four years.

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 to brand name only on this procurement for the reason below:

( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements – Brand Name Only

( ) 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): The VA police have recently initiated the use of the city of Amarillo’s public safety communication system. This operates on both radio and cellular LTE communication utilizing Amarillo’s Motorola Smartzone service. Only Motorla brand equipment and device subscriptions are compatible with existing government owned Motorola equipment (Motorola APX8000) and with the city of Amarillo’s public safety

Effective Date: 02/01/2022 Page 2 of 3 communication system. Motorola brand is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research has been conducted and it has been determined that multipe vendors are capable of providing the brand name equipment. No further additional market research was conducted for equal items as no equal item would be sufficient in fulfilling the requirement as described above.

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

Reasonable: It is expected that multiple quotes will be received for the brand name equipment thus providing comparison of prices to determine price fair and reasonable in accordance with FAR 13.106-3(a)(1).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Similar to section six above, market research was conducted and determined that multiple vendors are capable of provding the brand name equipment. While there are multiple small business vendors capable of providing the services, the Nonmanufacturer Rule (NMR) does not allow for a set-aside for this procurement. The reasons for this are the manufacturer (Motorola) is a large business and the procurement is estimated to be over the Simplified Acquisition Threshold (SAT). Due to these reasons, the procurement shall be posted on an unrestricted basis.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The use of another brand will severely impact the implementation of the system as it would not be compatible with the city of Amarillo’s existing system or existing government owned equipment. As VA Police Officer’s duties continue to expand further outside the facilty, the need for a long range communication system will be dire to ensure Officer safety.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The following vendors have shown interest and/or provided quotes for solicitations for the same or similar items:

-Advanced Communications and Electronics, 2417 Baylor Drive, Albuquerque, NM 87106 -Cynergy Professional Systems LLC, 23187 La Cadena, STE 102, Laguna Hills, CA 92653 -Ferbak Inc., 9030 Balboa Blvd., Northridge, CA 91325 -Mircro Technologies, Inc., 10130 Huebner Rd. San Antonio, TX 78240 -Best Tech Inc., 1025 Sorrento Dr., San Diego, CA 92107

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: At the time a new radio system is required, the system compatibility and requirements will be re-determined. If any changes occur, the procurement method may then provide for full and open competition as warranted.

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.

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

Amarillo VA Healthcare System

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

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

Contracting Officer

NCO 17

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.

Branch Chief

NCO 17