Single Source Justification_2023-SU-016 Harris 152 Radio TACSAT Upgrade_30MAR23. (COCO Signed)_Redacted.pdf

CUI//SP-SSEL

Control Number: 23-004

Justification Review Document for Limiting Competition (Single Source) – FAR 13.106-1(b)(1)(i)

Program/Equipment: Integrated Waveform (IW) Tactical Satellite (TACSAT) Upgrade for PRC-152 Harris Radios.

Authority: FAR 13.106-1(b)(1)(i), Soliciting from a single source. Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

Amount: $ 238,560.00

Prepared by:

Typed Name: MAJ Bryan Harrison DSN: 318-239-3141

Title: Contract Specialist Date: 27MAR2023

E-mail: bryan.h.harrison2.mil@army.mil

Contracting Officer:

Typed Name: SFC Shamanita Patterson DSN: 318-239-3568

Date Reviewed: 30MAR2023 E-Mail: shamanita.c.patterson.mil@army.mil

Technical Representative:

Typed Name: MAJ Jay Demis DSN: 318-239-3897

Title: S6 Date: 08FEB2023

Requirements Representative:

Typed Name: MAJ Jay Demis DSN: 318-239-3897

Title: S6 Date: 08FEB2023

(Source Selection Information - See FAR 2.101 and 3.104-4)

SEP 2021

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

Reviews

I have reviewed this justification and find it adequate to support other than full and open competition.

Legal Counsel

Typed Name: DSN:

Signature: Date:

Command Advocate for Competition

Senior Contracting Official (Only applies if total dollar value over $15M)

Head of the Contracting Activity (Only applies if total dollar value over $93M)

Single Source Justification – FAR Part 13

1. Contracting Activity: Fund the purchase of 105 x IW TACSAT upgrades for PRC-152 Harris Radios.

2. Description of Action: This approval is for a new feature (IW TACSAT Upgrade) on an existing purchase. The IW TACSAT upgrade is for the AN/PRC-152 Harris Radio that is in current use by the Task Force. There is no reoccurring cost associated with this purchase.

3. Description of Supplies/Services: This requirement provides IW TACSAT upgrades for 105 x A/N PRC-152 Harris Radios. The upgrade enables Task Forces and follow-on rotational units to have significantly better

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4) and improved Mission Command capabilities with AN/PRC-152 Harris Radios in the Combined Joint Operations Area (CJOA) of Syria/Iraq. Currently, Line of Sight (LOS) communications are only effective up to approximately 15 kilometers depending on the environment and topography. Beyond Line of Sight (BLOS) communications with TACSAT capable radios, enable Soldiers to actively conduct missions while maintaining constant communication with their Command Posts outside of the capabilities of LOS communication platforms.

4. Authority Cited: FAR 13.106-1(b)(1)(i), Soliciting from a single source. Contracting officers may solicit from one source if the contracting officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

5. Reason for Authority Cited: As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

6. Efforts to Obtain Competition: At the completion of market research and procurement history, L3Harris Technologies, Inc. is the only source available to execute the IW TACSAT upgrades to the AN/PRC-152 Harris Radios due to being the proprietary owner of the restrictive software license. Competition cannot be obtained as this is a specific software upgrade to a specific radio. No competing company is authorized to upgrade a Harris radio software.

7. Actions to Increase Competition: The only actions that can be taken to increase competition is to purchase new equipment that provides Beyond Line-of-Sight communications. Actions to be taken by the requiring activity to preclude the necessity for future sole source or brand name acquisitions of the same supplies/services will be through the execution of a market survey to determine potential future sources. If the requirement is not urgent or compelling, request for information will be used to enable the requiring activity to gather information in their market research report on potential suppliers of a good or service to promote full and open competition.

8. Market Research: Market Research indicates L3Harris Technologies, Inc. as the only available and responsible source that can perform IW TACSAT upgrades to AN/PRC- 152 Harris Radios based on being the proprietary owner of restrictive software license.

, email communication was received from L3Harris Technologies, Inc. confirming the company owns the software license to AN/PRC-152 Harris Radios.

In addition, they stated there is no other authorized responsible vendor or distributor available for their tactical products that can execute the proposed action.

According to Procurement History (WK56KGZ-22-P-2200), on , RCO-Jordan awarded L3Harris Technologies, Inc. a firm-fixed price contract to execute IW TACSAT upgrades for 90 x AN/PRC-152 for .

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

DEMIS.JAY.THO Digita ly s gned by

DEMIS.JAY.THOMAS.1271630065

MAS.1271630065 Date: 2023.03.27 17:58:35 03'00'

DEMIS.JAY.THO Digita ly s gned by

DEMIS.JAY.THOMAS.1271630065

MAS.1271630065 Date: 2023.03.27 17:58:59 03'00'

Signature: Date: 30MAR2023

9. Other Facts: Task Force patrols use limited BLOS equipment which is a mix of . Units conducting patrols may have one to two vehicles with BLOS capability. Without effective means of communications beyond LOS capabilities, units cannot receive intelligence updates, maintain a common operating picture, provide situational awareness with their higher echelon, or request additional assets in the event of an incident. Without approval, Task Forces and follow-on rotational units will not have the ability to sustain communications or facilitate information sharing through mission command networks for the warfighter across the CJOA. The risk to mission without this capability is significant as real time updates on a developing situation would not be able to be communicated effectively. This can cause a potential catastrophic degradation of ability to synchronize efforts between Combined Joint Task Force (CJTF) elements as well as external partners. Risk to force is nothing short of life, limb or eyesight if the unit cannot communicate the need for medical evacuation which makes this requirement urgent and compelling.

10. Technical Certification:

I certify 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.

Signature: Date: 27MAR2023

Typed Name: Jay T. Demis Title: S6

11. Requirements Certification:

I certify 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.

Signature: Date: 27MAR2023

Typed Name: Jay T. Demis Title: S6

12. Fair and Reasonable Cost Determination

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

PATTERSON.SHAMANITA.CLAYISH Digitally signed by

PATTERSON SHAMANITA CLAYISH 1363031664

.1363031664 Date 2023 03 30 09 36 35 +03'00'

Typed Name: Shamanita Patterson Title: Contracting Officer

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

PATTERSON.SHAMANITA.CLAYISH.13 Digitally signed by

PATTERSON SHAMANITA CLAYISH 1363031664

63031664 Date 2023 03 30 09 37 33 0300

13. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: Date: 30MAR2023

Typed Name: Shamanita Patterson Title: Contracting Officer

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

HOWARD.GREGOR Digitally signed by

HOWARD.GREGORY.1149212392

Y.1149212392 Date: 2023 03 31 11:29:14 +03'00'

Approval

Based on the foregoing justification, I hereby approve limiting sources in the acquisition of (105 x AN/PRC-152 Harris Radios and $ 238,560.00) pursuant to the authority of (FAR 13.106-1(b)(1)(i), Single Source), subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Signature: Date: 31 March 2023

Typed Name: Gregory Howard Jr. Title: Chief of Contracting