Radio Airtime J A - SAM.docx

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Section 13.S0l(a), Sole source (including brand name) acquisitions

National Archives and Records Administration 8601 Adelphi Road Room 3340 College Park MD 20740-6001

Annual Radio Airtime Subscription, Repairs, and Maintenance for Digital Federal Specialized Mobile Radios at Archives I (Washington, D.C.) and Archives II (College Park, MD)

I. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A "JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION"

See Page 1

II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The National Archives and Records Administration (NARA) requires approval of Other Than Full and Open Competition under FAR Section 13.50l(a), Sole source (including brand name) acquisitions, for recurring annual airtime subscription and repairs for its digital two-way Federal Specialized Mobile Radios (FedSMRs-D) and on-site maintenance for five (5) base stations and two (2) bi directional in-building amplifiers at Archives I (Washington, D.C.) and Archives II (College Park, MD). There is one and only one Contractor that can perform the requirement: Pegasus Radio Corporation (dba) Federal Radio.

The purpose of this procurement is to provide continuous two-way radio airtime and repairs for one year in accordance with the Performance Work Statement (PWS) for NARA's digital two-way FedSMRs-D, as well as, on-site maintenance for five (5) base stations and two (2) bi-directional in-building amplifiers at Archives I (Washington, D.C.) and Archives II (College Park, MD). FedSMRs-D requirements are:

· Digital Unlimited Airtime Single Site, Single Channel, Campus only - 90 FedSMRs-D;

· Digital Unlimited Airtime Service: Networked Campus & Wide area 290 FedSMRs-D;

· Repairs as needed; and

· Maintenance for five (5) base stations and two (2) bi-directional in- building amplifiers

IV. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION.

The authority for this action is 41 U.S.C. 1901 as implemented by FAR 13.501(a)(l)(ii). This proposed contract action meets the requirement of FAR 13.501(a)(l)(ii). Furthermore, the cited authority is supplemented by the unique regulatory authority referenced below in Paragraph V. Also see Paragraph II above.

V. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED

Department of Commerce's National Telecommunications and Information Administration (NTIA) regulates the Federal Radio Frequency Spectrum. The Manual of Regulations and Procedures for Federal Radio Frequency Management, January 2021 states:

8.2.48 Trunked Land-Mobile Radio Systems, paragraph 2:

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, as per the NTIA order4, 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 Department of Commerce order.

The FedSMR-D service utilizes an open protocol system, NXDN™ Type D, which contains proprietary information that is owned by FRSC. The proper operation of the system requires all fixed equipment and subscriber equipment to be in proper working order. In addition, the FedSMRs-D require a password for certain maintenance and programming options. Only the system owner is authorized to be in possession of this password. Federal Radio possesses the password for the Washington, D.C. FedSMR-D system. Therefore, FRSC is the only source authorized by NTIA to provide FedSMR-D airtime and maintenance services.

VI. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES.

This requirement will not be synopsized at the government-wide point-of-entry in accordance with FAR 5.202(a)(4), Exceptions. There is no competing service.The use of FRSC for this requirement is mandated by the NTIA. See paragraph V above.

NARA will post a notice of its intent to sole source this requirement at the government-wide point-of-entry stating its intent to issue a firm fixed-price, sole source purchase order to Federal Radio, as well as, a sole source justification and approval.

VII. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE The Contracting Officer determines, in light of the historical pricing of these services, that the anticipated cost to the Government will be fair and reasonable.

VIII. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED See paragraph V and VI above.

IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION. SEE FAR 6.303-2(a)(9)

NARA will be going through some major changes to the existing equipment that is engineered to operate with the Federal Radio System frequencies. This equipment includes: 380 hand held portable radios, four (4) base stations, two (2) cross band repeaters and two (2) in-building bi-directional antenna system. Due to manufacturer production delays, the replacement of the new equipment will not be available until March 2023.

X. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION None

XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED NARA will continue to stay abreast of revisions to The Manual of Regulations and Procedures for Federal Radio Frequency Management, January 2021, as well as, the terms and conditions of Department of Commerce/NOAA/AGO, in the event additional authorized sources become available. NARA will also continue to monitor the government-wide point-of-entry for indications of changes in the marketplace.

XII. CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER'S KNOWLEDGE AND BELIEF

See Page 1.