Sole Source JA for synopsis.pdf

CUI//SP‐SSEL

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

1 SEP 2021

Justification Review Document For Sole Source - FAR Part 13.501*

(*Format follows FAR 6.303-2, but modified to reflect FAR subpart 13.5 procedures)

Program/Equipment: Nonpersonal services to provide management, materials (parts), labor, tools, transportation and equipment necessary to provide required Enterprise Land Mobile Radio (ELMR) maintenance and repair services for United States (U.S.)

Army installations within the European Theater.

Authority: Simplified Procedures for Certain Commercial Products and Commercial Services, 41 U.S.C. 1903 as implemented in FAR subpart 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items

Amount:

Prepared by:

Typed Name: __Qwanda N. Grinter_______________ DSN: _________

Title: ___Contract Specialist___________________ Date: _______21 MAR 2022_____

E-mail:___qwanda.n.grinter.civ@army.mil________

Contracting Officer:

Typed Name: ________________________________DSN: _____________________

Date Reviewed: __________________E-Mail: ________________________________

Technical/Requirements Representative:

Typed Name: ________________________________DSN: _____________________

Title: ___________________________Date Reviewed: ________________________

Control Number:

2 SEP 2021

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

Typed Name: ________________________________DSN: ______________________

Senior Contracting Official

Typed Name: __ ________________DSN: ______________________

3 SEP 2021

Sole Source Justification and Approval Under FAR 13.501

1. Contracting Activity: 409th Contracting Support Brigade (CSB)

2. Description of Action: Follow contract action to W564KV19P0170 with Motorola Solutions, Inc.. Contract was previously attempted to be competed with limited sources (Motorola Certified Companies) for the purpose of providing maintenance services on Motorola brand name Land Mobile Radio (LMR). Previous contract actions resulted in only Motorola providing an acceptable response. U.S. Army Network Enterprise Technology Command (NETCOM), 2D Theater Signal Brigade requests a new firm fixed price contract to be sole sourced to Motorola for LMR services. The Government projected award date is for 2022 and fiscal year 2022, Operations and Maintenance Army funds will be used.

An acquisition plan is not required because this procurement does not meet the threshold at Defense Federal Acquisition Regulation Supplement 207.103(d)(i)(B).

3. Description of Supplies/Services: Services being provided are maintenance and repair of Government owned LMR equipment for the Army throughout Europe. Services also include information assurance, system upgrades, and system management. These services encompass support to the Directorates of Emergency Services (DES), Fire Protection Services (FPS) and other IMCOM-E Directorates, 9th Military Police (MP) Detachment and Protective Services Detachments (PSD) for Headquarters U.S. Army Europe (USAREUR), Africa Command (AFRICOM), National Atlantic Treaty Organization (NATO) Brussels and Strategic Air Command (SACEUR). Services for LMR Equipment are for U.S. Army Installations in Germany, Italy, Belgium, Bulgaria, Romania, Poland, Netherlands and potentially more countries as required by State Department/Host Nation agreements and Department of Defense operational needs.

NETCOM’s LMR contract provides mission-critical, one-to-many voice communications to U.S. Army garrison Directorate of Emergency Services (DES) personnel in support of the Public Safety First Emergency Response mission. NETCOM’s LMR maintenance funding provides preventative and corrective maintenance to infrastructure, radio dispatch consoles, and subscriber radio units.

4. Authority Cited: Simplified Procedures for Certain Commercial Products and Commercial Services, 41 U.S.C. 1903 as implemented in FAR subpart 13.501(a)(1)(ii), sole source (including brand name) under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited: The U.S. Army utilizes LMR for first responder fire and emergency communications across Europe. As such this requires LMR Operation and

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Maintenance (O&M) support and services for LMR systems and equipment. These LMR communication systems are necessary for mission requirements for the Combined Headquarters, U.S. Army, Europe and Seventh Army, Office of the Provost Marshal.

Throughout the area of responsibility, maintenance is required on the existing installed Government owned Motorola communication equipment. The current system is comprised of Motorola equipment compatible only with Motorola components running on proprietary software. As the original equipment manufacturer, Motorola is the sole designer, developer and manufacturer of the existing LMR system. Motorola owns the proprietary rights, hardware schematics, and data rights. Only Motorola has access to the proprietary data rights for the current LMR infrastructure system and equipment that has been acquired over the years.

IMCOM utilizes Advanced Encryption Standard (AES) encryption on its LMR equipment.

AES is a federal information processing standard that specifies cryptographic algorithms for use by US Government agencies to protect sensitive information. The Universal Encryption Module (UCM) is proprietary hardware produced and manufactured by Motorola and is used to carry the AES encryption on LMRs. This hardware is an embedded part of the LMR equipment, and only Motorola certified technicians can service this module due to its proprietary nature. Motorola does not support nor authorize any work performed on the UCM other than Motorola authorized service providers and trained technicians. In the event that the UCM or AES software is damaged or compromised by other than Motorola approved technicians, Motorola will not honor any warranties and will not be responsible for the AES software or the encryption function. Having to replace Motorola LMR communication equipment to the current platform would be a substantial duplication of cost to the Government. The encryption function has implications that include safety and protection of sensitive information; therefore the Government cannot accept the risk for degradation of performance on the UCM.

Furthermore, according to the Department of Defense LMR policy dated 1 August 2001, new LMR radios or services procured shall comply with the Association of Public-Safety Communications Officials (APCO) Project 25 standard. Project 25 (P25 or APCO-25) is a suite of standards for digital radio communications for use by federal, state, and local public safety agencies to enable them to communicate with other agencies and mutual aid response teams in emergencies. The P25 standards mandate the interfaces between systems, but does not allow for interoperability at the component level. These standards also allow the vendor to develop proprietary features and functions outside of the standards. Congressional mandate letter 114-63 requires the current LMR system to operate on a Motorola platform jointly with the US Air Force as owners of the CORE infrastructure.

Requirement 2022 Changes. The requirement under this sole source authority has increased the level of services required to be performed by only Motorola as opposed to

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previous iterations of the requirement. The System Upgrade requirement as outlined in Section 5.3 of the performance work statement (PWS) and Cyber Security work as outlined in Section 5.5 of the PWS are services only able to be performed by Motorola.

“5.3 Technical (Tech) Refresh: The Contractor shall perform tech refreshes of the ELMR system to the latest manufacturer’s ASTRO25 system version release to maintain the system within two (2) versions of the latest manufacturer’s release.

Maintaining the ELMR system within two (2) versions of the latest manufacturers release is critical to network security, ensuring the availability of repair services, and maximizing the system’s lifecycle. The ELMR system requires Network Event Monitoring services to detect abnormalities and initiate technical solutions before users are impacted. USAFE- AFAFRICA ELMR system requires Remote Software Update Services (RSUS) to patch system software and comply with Risk Management Framework cybersecurity accreditation requirements.” LMR PWS

Congressional mandate letter 114-63 requires the current Army LMR system to operate on a platform jointly with the US Air Force as owners of the CORE infrastructure.

Motorola has a concurrent Air Force contract (FA5641-21-F-0013) providing technical refresh services. Motorola provides a Network Upgrade (SUA) every two years, this keeps the network up to date, supportable and meets IA requirements to keep an active Authority to Operate (ATO). The current requirements at 5.3 allow for the Army ELMR Network Upgrades, Troubleshooting, and Infrastructure Repair. These are all of the services that are required for United States Army Europe and Africa (USAREUR/AF) to be connected to and integrated with the USAFE-AFRICA ELMR network. No other vendor other than Motorola directly can perform these services.

“5.5 Cybersecurity (CS) through 5.5.2.13” (ALL)

Congressional mandate letter 114-63 requires the current Army LMR system to operate on a platform jointly with the US Air Force as owners of the CORE infrastructure.

Motorola has a concurrent Air Force contract (FA5641-21-F-0013) providing cybersecurity services. USAFE-AFAFRICA began full Cyber services in June 2021. These services are required to obtain and maintain their Authorization to Operate (ATO). The Army is almost a year behind meeting this Cyber services requirement. The requirements at 5.5 allow for the Army to gain the cyber services capability. Motorola Solutions will then continuously monitor the network for attempts to compromise the network. Motorola’s proprietary Security Monitoring tools will collect automatic alerts from network firewalls, intrusion detection systems (IDS), Syslog, and anti-malware systems. Motorola Solutions security personnel will evaluate if that alert indicates there is an active cybersecurity threat. If personnel find a potential threat, Motorola Solutions will alert USAREUR. Along with the additional Cyber Security services provided such as the monthly Vulnerability scanning, STIG updates and STIG auditing keep the ELMR

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network at the highest levels of protection from external threats. No other vendor other than Motorola directly can perform these services.

6. Efforts to Obtain Competition: The Contracting Officer has published a sources sought and request for information in order to elicit any additional potential market participants. No response from industry with supporting evidence of capability or willingness to perform the sole source services.

a. Effective competition. Not applicable.

b. Subcontracting competition. Not Applicable.

7. Actions to Increase Competition: Not Applicable. The Government has attempted to procure these services since 2016 using full and open competitive procedures but has never been successful in encouraging or having competition. The current action performed a brand name posting with only one response from Motorola. This J&A will be posted for 15 days to allow for additional industry participation.

Motorola Solutions is the current service provider to the United States Air Forces in Europe and Air Forces Africa (USAFE-AFAFRICA) ELMR network to include the network switching centers (zone cores) at Ramstein AB Germany and RAF Lakenheath United Kingdom, as well as radio repeater sites in Germany, Italy, Turkey, the United Kingdom (UK), Portugal/Azores, Spain, Belgium, and the Netherlands. These services include: Cyber Security/Information Assurance (IA) services such as Network Fault Monitoring and Network Security Monitoring from the Motorola Solutions Network Operations Center (NOC) and Security Operations Center (SOC), as well as Network Security Scanning, Analysis, and Remediation providing software updates and patching using Pre-Tested and certified patches/updates. Motorola Systems Inc. uses internally developed proprietary tools to interpret and analyze the customized SNMP data sent from LMR infrastructure devices to enable efficient diagnosis and restoral of the network. Motorola Systems Inc. also performs: ELMR Network Upgrades, Troubleshooting, and Infrastructure Repair. These are all of the services that are required for United States Army Europe and Africa (USAREUR/AF) to be connected to and integrated with the USAFE-AFRICA ELMR network. No other vendor can perform these services.

As the Service Provider/Maintainer for the USAFE-AFAFRICA ELMR portion of the ELMR network, under contract (FA564121F0013), Motorola Systems Inc. is required to upgrade the network (via the SUA portion of Advance Plus Service) to the next system release version, which has already begun. Due to Information Assurance accreditation status, and Motorola engineered support certifications, the entire network must operate on the same system release version; therefore, the next USAREUR Sustainment Contract must have these services in place before the scheduled upgrade. No other

7 SEP 2021

vendor can upgrade this network. No other vendor can harden the upgraded network in preparation for the ATO process.

By nature of the proprietary hardware and software components, Motorola and Motorola Authorized Service Providers (a designation separate from ‘dealer’, ‘reseller’, or ‘manufacturer’s representative’) are the only companies authorized by Motorola to perform warranty repairs and maintenance services on Motorola manufactured systems. Motorola Systems Inc. is the only vendor who can make factory certified modifications or enhancements to the hardware or software for the LMR communications network. These measures are enacted in an effort to protect the viability and sustainability of mission critical radio networks.

Only Motorola and Motorola authorized depots may obtain Underwriters Laboratories (UL) certification to repair and certify Motorola intrinsically safe radios. Motorola depots use only OEM replacement parts and have pressure and vacuum test equipment to verify the seals of ruggedized Intrinsically Safe rated radios. The Motorola Federal Depot in Germany is the only depot in EMEA certified to make repairs and recertify Motorola APX Products to be intrinsically safe.

8. Market Research: Market research was performed by the Government.

A synopsis was issued on SAM.gov. It resulted in only one responsible offeror (Motorola Systems). The government believes a sole source justification exists to award to Motorola Systems Inc. based upon synopsis response.

Motorola Systems Inc., as the manufacturer, must authorize and certify partners to resell any equipment and/or services. Motorola Systems Inc. have certified vendors/resellers authorized to sell our equipment and accessories, but have not authorized or certified any company to perform maintenance on our LMR Network. It is important to explain and understand the difference between an authorized reseller/vendor and being authorized by Motorola to service an ELMR Network, including IA activities, system upgrades and maintenance operations. Motorola supports the US Forces directly through our European Federal Depot facility located in Idstein, Germany. Motorola’s depot is the only facility authorized to repair and upgrade Motorola encrypted (DES/DVP, DES-OFB, and AES) subscriber equipment.

Motorola System Inc. confirms that they are the only company qualified and authorized to perform the upgrade of the USAREUR network; there are no Motorola authorized U.S. Federal Government Service partners for P25 networks located in Europe.

9. Interested Sources: Motorola Systems

10. Other Facts: Procurement history.

8 SEP 2021

Contract number: W564KV-19-P-0170, Awarded Contractor: Motorola Solutions, INC Description of requirement: LMR Maintenance & Repair Services Army Theater Wide Method of procurement: RFP Contract Type: FFP Period of Performance: 30 September 2019 – 31 March 2022 Total awarded amount: $2,636,504.00 Number of option periods: 2 Number of Offerors: 2 Competitive Status: Full and Open Competition w/ Brand name J&A Authority previously cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5 for Brand name only.

Contract number: W564KV-16-C-0118 Awarded Contractor: Motorola Solutions, INC Description of requirement: LMR Maintenance & Repair Services Army Theater Wide Method of procurement: RFP Contract type: FFP Period of performance: 30 September 2016 – 29 September 2019 Total awarded amount: $3,090,340.00 Number of option periods: 2 Number of Offerors: 1 Competitive Status: Brand Name Only Authority previously cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 (or 41 U.S.C 1903 for Special Emergency Procurement) as implemented by FAR Subpart 13.5 for Brand name only.

11. Technical Certification/Requirement 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: ________________________

Typed Name: ____________________________Title:__________________________

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. The actual price fair and reasonableness determination will be made using price analysis in accordance with FAR 13.106-3(a). As a part of this

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basis, certified cost or pricing data is not required because the item and/or service being acquired are considered commercial.

Signature: ________________________________Date: ________________________

Typed Name: ____________________________Title:__________________________

13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: ________________________________Date: ________________________

Typed Name: ____________________________Title:__________________________

Approval

Based on the foregoing justification, I hereby approve the procurement of nonpersonal services to provide management, materials (parts), labor, tools, transportation and equipment necessary to provide required Motorola Enterprise Land Mobile Radio (ELMR) maintenance and repair services for the U.S. Army installations within the European Theater on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1903 as implemented by FAR 13.501, subject to availability of funds, and provided that the services and property herein have otherwise been authorized for acquisition.

Signature: _____________________________ Date: __________________________

Typed Name: _ ___________ Title: ____________________________