A02_-_Simplified_Acquisition_Sole_Source_Justification_(FAR_13.5)_Harris..__(2)(Redacted)_.pdf

JA-19-Adel-356

JUSTIFICATION REVIEW DOCUMENT FOR COMMERCIAL ITEMS

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR

OTHER THAN

FULL AND OPEN COMPETITION (Brand Name)

Programs/Equipment: Harris Radio Assembliess and Components

Authority: 41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Amount: [REDACTED]

Prepared by: [REDACTED]

Contracting Officer: James O’Keefe DSN: 290-2135 Contracting Officer Date: 24 May 2019 Email: james.g.okeefe3.civ@mail.mil

Technical: [REDACTED]

Requirements: [REDACTED]

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

Program Manager:

X

Program Manager

Legal Counsel:

Legal Counsel

FAR PART 13 SIMPLIFIED ACQUISITION JUSTIFICATION AND APPROVAL FOR OTHER

THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Army Contracting Command-APG, Adelphi Contracting Division. CCAP-SCA, 2800 Powder Mill Road, Adelphi, MD 20783-1197.

2. Description of Action: The US Army Research Laboratory has been tasked to procure

Radio Assembly and Components under a firm-fixed priced contract manufactured by

Harris Corporation. The Government projects award for July 2019. Fiscal Year (FY)

18/19 R&D Funds will be utilized for this acquisition.

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

3. Description of Supplies/Services:

Below is a list of commercial items manufactured by Harris Coportation to be acquired:

Quantity Description Part Number

18 Radio Assembly, HF Manpack, MIL GPS AN/PRC-160(V)1

1 400W Base Station Adapter RF-580H-B003

5 PWR AMP, 400Watt, Falcon II RF-5834H-PA101

2 RF-382A-15, Carc Green RF-382A-15

1 Adapter, 125-Watt Base Station RF-7800H-B004

12 AN/PRC-163 20M Radio System GPS RF-335M-HH001

12 SW, Factory Option, HPW and IW 12193-8940-0101

12 SW, Factory Option, SRW 12193-8940-0006

12 SW, Factory Option, HavequickII 12193-8940-0011

4 Radio, 152A 2 Meter, GPS AN/PRC-152A(V)4(C)

4 SW Option, DAMA Waveform (Factory-US) 12104-8940-0011

Period of Performance: Estimated delivery is six months from date of award.

Total Value: [REDACTED]

4. Authority Cited:

41 U.S.C. 1901(e)(2), implemented by FAR 13.501(a) -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Reason for Authority Cited:

ARL currently uses Harris Corporation manufactured products, to include the AN/PRC- 160(v)1 and other radio components that provide communications capabilities throughout a diverse operational environment. To ensure compatibility among the communication networks, it is necessary to procure these radio and radio bases systems that are supplied by the Original Equipment Manufacturer (OEM). These radios are a crucial part of existing ARL training procedures for unit communications.

Additionally, in order to maintain commonality with existing infrastructure and reduce logistical costs; Harris Radios are the standard across all of the ARL supported units and it would be a monumental effort to implement different systems. Currently designed, fabricated and fielded system packages are all design around specific hardward solutions. Through the use of standardized items, the multiband radios must be the same as the existing Government-owned Harris Corporation multiband radios already in inventory with ARL. ARL needs to be able to respond and communicate to its supported elements across the board using standards based cryptography (crypto) and frequencies that are already established.

There are several reasons why having standardization of items is crucial and in this particular case; It is essential the solider knows how to destroy the radio and the crypto inside the radio or components for national security purposes and it needs to be abandoned, having several different types of radios would increase the odds of destroying each one in a proper way and it will become an issue for soldiers during a high impact event. There are several different ways different radios are operated, training the soldier to utilize several different types of radios is not only impractical but during a high stress environment could cost vital communication passing, especially in a timely manner. Form, fit, and function are needed so that the radios can be placed as they were designed in the designated places of vehicles, man packs, etc., and different types of radios would increase cost of utilizing the radios where they are needed.

These Harris Corporation Radio Assembly and Components are essential to ARL mission requirements. The technology found in Harris Corporation brand radios ensures compatibility with its own technology. Currently, the only responsible source that can provide radio communication products that meets the High Performance Waveform (HPW), Advanced Networking Wideband Waveforms (ANW2), and the Radio Frequency (RF) requirements of the Government is Harris Corporation. Pursuing a different multiband radio technology developed from another manufacturer would lead to compatibility issues resulting in the entire Harris radio inventory at ARL needing to be changed over, and require new program training along with disposing of the already invested costs of more than $5,000,000.00 based on the previous ARL procurements of Harris components. . In addition, there will be unacceptable time-delays due to training, refitting, replacements, and revamped coordination between the branches of DoD that will ultimately result in a loss of reliable communications support. . Therefore, Harris is the only manufacturer capable of providing satisfactory items. Even though Harris does not have authorized distributors or resellers, it does allow third party vendors to purchase the items and resell them (reference section 9).

6. Efforts to Obtain Competition: Market research performed determined that Harris Corporation remains the only responsible source that manufactures multiband radios equipped with the HPW and ANW2 waveform capabilities required by the Government.

A FedBizOpps (FBO) synopsis was posted on 04/25/2019 and closed on 05/10/2019 to seek out any potentional distributors/resellers or third party vendors. Below are the results:

Table 1:

Vendor Business Size Response

New Tech Solutions, Inc. Small Business Interested / Fully Capable

LotusUSA, Inc. Small Business Not fully responsive

VTS Group, LLC Small Business Not fully responsive

Harris Corporation Large Business Interested / Fully Capable

Therefore competition will be restricted to distributors of Harris brand products.

7. Actions to Increase Competition: ARL will continue to pursue web searches and hold discussions among the radio/antenna community to help locate other sources that can provide multiband radios that will interface with the current Government-owned equipment and technology. However, until that is known, ARL will continue to use the existing known source Harris Corporation. Any known sources that can provide similar required equipment will be sought after for competitive interest. If ARL discovers that another brand could function with their current technology, ARL would explore the possibility of competition.

8. Market Research: Market research was conducted in December 2018 to March 2019 by [REDACTED]via GSA Advantage and the internet searches. Market research identified four (4) manufactures of radio communications technology: Raytheon, General Dynamics, Motorola, and Harris Corporation. However, Raytheon, General Dynamics, and Motorola could not meet the HPW, RF and ANW2, and compatibility requirements of the Government.

The proposed radio components from Harris Corporation are the only communication devices in the marketplace that can provide full range RF coverage along with the HPW and ANW2 that are required by ARL. The wave lengths for these frequencies have variances that are proprietary and higher data rates that can only be achieved by these radios.The ANW2 and HPW features allow for high data rate through putting in a tactical radio package, message traffic transfer from radio to radio, and networking connectivity in a tactical radio package. Overall, these features enhance the Soldiers capability to securely communicate locally and internationally regardless of his immediate surroundings or location in the world. The aforementioned Harris Corporation radio communications technology is currently being utilized by many other agencies across the U.S. Government and U.S. Department of Defense to enhance communications capabilities for various federal missions.

Only Harris Corporation could meet all of the Government’s requirements. Furthermore, Harris Corporation, as the OEM, and its resellers are the only responsible sources of the required radio communication technology.

9. Interested Sources: Only the Harris Corporation or its Resellers are capable of fulfilling this requirement. A FedBizOpps (FBO) synopsis was posted on 04/25/2019 and closed on 05/10/2019. New Tech Solutions, Inc. fully responded to the synopsis notifying to the Government that this requirement would not be a sole source but rather a brand name action due their capability of being able to provide Harris brand radio equipment. Additionally, Harris Corporation was contacted via phone at the end of the Synopsis (5/10/2019) confirming that their products are available to resellers;

Name: New Tech Solutions, Inc.

PoC: Anita Vasantrai Address: 4179 Business Center Drive

Fremont, CA 94538 Small Business: Yes, Small Disadvantaged

DUNS: 020149303

SAM Exp: 4/11/2020 Response to Synopsis: Response Date 5/10/2019; The vendor submitted a response to the Synopsis posted (see paragraph 6). The vendors response was fully responsive and the vendor is capable of providing the brand name requirement.

Name: Harris Corporation PoC: Jennifer Pineo Address: 1680 University Avenue

Rochester, NY 14610 Small Business: No

DUNS: 002204600

SAM Exp: 9/12/2019 Response to Synopsis: Response Date 5/9/2019; The vendor submitted a response to the Synopsis posted (see paragraph 6). The vendors response was fully responsive and the vendor is capable of providing the brand name requirement.

Name: LotusUSA, Inc.

PoC: Siva Yalamanchi Phone: 213-298-7100 / 707 765 3969 Email: sivaprasad@lotususainc.com

Address: 550 Stephenson Highway, STE# 350 Troy, MI 48083

Small Business: Yes, WOSB, Small Disadvantage

DUNS: 079599348

SAM Exp: 5/01/2020 Response to Synopsis: Response Date 4/30/2019; The vendor submitted a response to the Synopsis posted (see paragraph 6). The vendors response was not responsive and the vendor did not show capability of providing the brand name requirement.

Name: VTS Group, LLC PoC: Dennis Perex Phone: 210-559-5624 Email: dperez@vts-group.net

Address: 121 Rosewood Drive La Vernia, TX 78121 Small Business: Yes, but not listed for NAICS in SAM, claims 8(a), SDVOSB & SDB

DUNS: 079260250

SAM Exp: 3/16/2020 Response to Synopsis: Response Date 4/25/2019; The vendor submitted a response to the Synopsis posted (see paragraph 6). The vendors response was not responsive and the vendor did not show capability of providing the brand name requirement.

10. Other Facts:

mailto:sivaprasad@lotususainc.com mailto:dperez@vts-group.net

a. Procurement History

Contract: W911QX-13-F-0024 Contractor: Harris Corporation Award Date: 7/26/2013 Period of Performance: 1 year Dollar Value: $5,416,500.00 Competitive Status: No Authority: 10 U.S.C. 2304(c)(1), as implemented by FAR 6.302-1– Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

b. Class Justification: N/A – no class justification prepared.

c. The requirements fulfilled in past procurements have included the purchase of proprietary technology from the OEM, Harris Corporation. The Government has not developed or purchased/acquired the data rights of the technology, and therefore has no way to produce a Technical Data Package (TDP). Due to the fluid and ongoing requirements of the Army to produce this technology for the soldiers, it is in the best interest to continue to procure the equipment from Harris Corporation until industry produces other source(s) that can also satisfy the requirements, and create a competitive field for this technology.

11. 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.

Signer’s Title: Program Analyst

Technical Certifier (Tech)

12. 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.

Signer’s Title: Mechanical Engineer

Requirements Certifier

13. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable.

This determination will be made using the following:

__ Cost analysis X Price analysis __ Should-cost

X IGE

__ Audit:

X Other: Anticipated adequate competition through brand-name.

As a part of this basis, certified cost or pricing data:

__ will be required.

X will not be required and the following exception applies (FAR 15.403):

__ Prices that will be agreed upon are based on adequate price competition.

__ Prices that will be agreed upon are based on prices set by law or regulation.

X A commercial item is being acquired.

__ A waiver has been granted by the head of the contracting activity (HCA) in accordance with DFARS PGI 215.403-1.

__ The contract action is a modification to a contract or subcontract for commercial item(s).

__ The estimated cost of the contract action is less than the threshold for certified cost or pricing data.

KO Signature:

Contracting Officer (KO)

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

KO Signature:

Approval

Based on the foregoing justification, I hereby approve the procurement of HarrisRadio

Assemblys and Components for an estimate of $914,356.00 and for delivery after award, on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901(e)(2), subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

SCA Signature:

Special Competition Advocate (SCA)

(End of Justification)

REVIEWS

KO Signature:

ADC Signature:

Associate Division Chief – Contracting (ADC)

COCO Signature:

Chief of the Contracting Office (COCO)