PM_Part806.3_Atch5_FAR6_JA_OVER_SAT-signed-Redacted.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 1 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263-22-AP-1577

1. Contracting Activity: Department of Veterans Affairs, Network 23 Contracting Officer (NCO 23)

4801 Veterans Drive, Saint Cloud, MN 56303

Organization Activity: Department of Veterans Affairs, Saint Cloud VA Health Care System, 4801 Veterans Drive, Saint Cloud, MN 56303

2237 Number: 656-22-1-1005-0006

2. Nature and/or Description of the Action Being Processed: A Firm-Fixed purchase order for the supplies and installation to upgrade the Motorola Radios and Consolette.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Supplies and installation to upgrade the Motorola Radios and Consolette.

30 Each: APX 8000 All Band Portable Radio Model 3 (P/N: H91TGD9PW7 N) 30 Each: Smartzone Operation (P/N: H38) 30 Each: P25 9600 Baud Trunking (P/N: Q361) 30 Each: Astro Digital CAI Operation (P/N: Q806) 30 Each: ENH: AES FIPS 140-2 Level 3/DES, DES-XL, DES-OFB and ADI (P/N: Q15) 30 Each: ENH: ASTRO 25 OTAR W/Multikey (P/N: Q498) 30 Each: ADD: Enhanced Data (P/N: QA03399) 30 Each: ADD: Programming Over P25 (OTAP) (P/N: G996) 30 Each: ADD: 3Y Essential Service (P/N: Q58) 30 Each: Assembly Accessory Wireless ACCY KI (P/N: NTN2570C) 10 Each: Battery Impress 2 Liion R IP68 3400T (P/N: PMNN4486) 12 Each: TAA Charger, Single-unit Impres 2 (P/N: NNTN8860ATAA) 3 Each: Charter, Multi-unit, Impres 2, 6-DI (P/N: NNTN8844A) 2 Each: APX 8500 All Band MP Mobile (P/N: M37TSS9PW1 N) 2 Each: ADD: Dash Mount E5 (P/N: G66BN) 2 Each: ADD: APX Control Head Software (P/N: G444) 2 Each: ADD: APX E5 Control Head (P/N: GA01670) 2 Each: ADD: All Band Mobile Antenna 7/8 (P/N: GA01513) 2 Each: ENH: Smartzone Operation APX (P/N: G51) 2 Each: ENH: P25 Trunking Software APX (P/N: G361) 2 Each: ENH: Astro Digital CAI OP APX (P/N: G806) 2 Each: ADD: AES FIPS 140-2 :Level 3/DES-XL/DES-OFB Encryption (P/N: G851) 2 Each: ADD: 3Y Essential Service (P/N: G78) 2 Each: ADD: No GPS/WI-FI Antenna Needed (P/N: GA01606AA)

OFOC SOP Revision 11 Page 2 of 4

Revision 11 Date: 02/11/2021

2 Each: DEL: No J600 Adapter Cable Needed (P/N: GA01517) 2 Each: ENH: Hand Mic, GCAI Water Resistant (P/N: G892) 2 Each: ADD: Speaker 15W Water Resistant (P/N: G831) 2 Each: ADD: Programming Over P25 (OTAP) (P/N: G996) 2 Each: ENH: Astro 25 OTAR W/Multikey (P/N: G298) 2 Each: ADD: Enhanced Data (P/N: QA03399) 1 Each: All-Band Consolette (P/N: L37TSS9PW1 N) 1 Each: ENH: Smartzone Operation APX (P/N: G51) 1 Each: ENH: P25 Trunking Software APX (P/N: G361) 1 Each: ENH: Astro Digital CAI OP APX (P/N: G806) 1 Each: ADD: AES FIPS 140-2 :Level 3/DES-XL/DES-OFB Encryption (P/N: G851) 1 Each: ADD: Full FP W/E5/KEYPAD/CLOCK/VU (P/N: L999) 1 Each: ADD: Control Station Desk GCAI/ MIC (P/N: W382) 1 Each: ADD: AC Line Cord US (P/N: CA01598) 1 Each: ADD: 3Y Essential Service (P/N: G78) 1 Each: ENH: Over the air provisioning (P/N: G996) 1 Each: ENH: Astro 25 OTAR W/Multikey (P/N: G298) 1 Each: ADD: Enhanced Data (P/N: QA03399) 1 Each: APX Consolette Wall Mount Bracket (P/N: HKN6243A) 1 Each: 5 FT GCAI Extension Cable (P/N: RKN4167A) 1 Each: Accessory Kit, PTT Footswitch (P/N: GLN7278C)

Estimated Cost: $REDACTED

Period of Performance: One-time delivery

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: The St. Cloud VA Police Department currently have the Motorola 7000 and 7500 series. These radios will be obsolete and are no longer supported. This requirement is to upgrade the VA Police communication system to the Motorola APX 8000 and 8500 series. Only the equipment identified in Section 3 above is compatible with the system that is already in place.

OFOC SOP Revision 11 Page 3 of 4

Revision 11 Date: 02/11/2021

The VA Police Department work in conjunction with the City of St. Cloud Police Department and Stearns County Sherriff with access to their electronic data base which includes the Bureau of Criminal Apprehension. This existing system is programed and maintained through the City of St.

Cloud. Motorola is the only brand that is compatible with the Police and Sheriff departments and its existing system. The APX 8000/8500 models come with AES encryption that is FIPS 140-2 Level 3 Security certified. It is imperative to maintain compatibility and interoperability with the new system being requested for continued communication and support with local law enforcement agencies. It also provides additional protection from physical tampering by enabling the radios to wipe the encryption key if unauthorized tampering is detected. Motorola is the sole manufacturer and can provide this required radio system upgrade.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The St. Cloud VA Health Care System has a Motorola XX . Only the supplies and services identified in section 3, are compatible with the current system to allow for this upgrade.

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

Reasonable: By competing this procurement as a brand name only unrestricted competition, it is anticipated that there will be sufficient competition to provide competitive pricing based on market research received.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted using VetBiz registry searching NAICS 334220 which resulted 191 results. This is a brand name requirement and therefore the manufacturer was researched on SAM.gov. Motorola is a large business under NAICS 334220 and the Non-Manufacturer Rule must be considered. This procurement is over the SAT, therefore the flexibilities allowed under SAT to set aside for small business does not apply.

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

Must be FIPS 140-2 Level 3 Security certified

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

Motorola Solutions, Inc.

809 Pinnacle Drive, Suite G Linthicum Heights, MD 21090

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: This will be a Brand Name Only (Motorola) to be solicited as an unrestricted competition. The Saint Cloud Health Care System is needing supplies and installation to upgrade the Motorola Radios and Consolette. This existing system is programed and maintained through the City of St. Cloud.

Motorola is the only brand that is compatible with the Police and Sheriff departments and its existing system.

OFOC SOP Revision 11 Page 4 of 4

Revision 11 Date: 02/11/2021

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.

_REDACTED____________________ ________________________

Patricia Bienusa Date Acquisition & Utilization Specialist Saint Cloud VA

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.

REDACTED_____________________ ________________________

Wendy Hoeschen Date Contracting Officer NCO 23 STC Commodities Team

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.

_REDACTED____________________ ________________________

Jameson Schwartz Date Branch Chief

NCO 23- Saint Cloud Commodities Team https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx