J and A - LMR Maintenance - FINAL.pdf

Control No. 003-20

SOLE SOURCE JUSTIFICATION (Including Brand Name) (Simplified Acquisition Procedures under FAR Part 13 Not Exceeding $550,000)

1. Agency/Contracting Activity: MICC- Fort Drum

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Funds: OMA Other Funds:

3. Description of Services or Supplies:

The total estimated value of the proposed action is $532,725.24

Proposed Base: $123,778.44

OY1: $129,842.40

OY2: $136,209.48

OY3: $142,894.92

4. Authority:

Action using simplified acquisition procedures (select one):

FAR 13.106-1(b)(1)(i): For purchases not exceeding the simplified acquisition threshold (SAT), 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)

FAR 13.106-1(b)(1)(ii): Where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item, the documentation in paragraph (b)(1)(i) of this section only applies to the portion of the purchase requiring the brand-name item. The documentation should state it is covering only the portion of the acquisition which is brand-name.

FAR 13.501(a)(1)(ii): For actions for commercial supplies or services greater than the SAT but not exceeding $7M, the sole source (including brand name) justifications must be prepared using the format at FAR 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C.1901 or the authority of 41 U.S.C.1903.

5. Reasons for Authority Cited:

a. This procurement will be solicited as sole source for the purpose of providing technical assistance and software support of Fort Drum’s Land Mobile Radio System. Harris Corporation is the sole provider of all software contained within the current Land Mobile Radio System. The information contained in the software is proprietary information; therefore distributors of the systems are not permitted to provide the required technical assistance to the existing radio system. All software support and technical assistance will be done remotely by Harris Corporation.

Research shows, based on the original procurement of the Harris Land Mobile Radio System, DAAB07-01-D-H805, that to replace the existing system with an alternative, would cost in excess of $6 million dollars. Therefore, it is in the Government’s best interest to procure the warranty maintenance for the LMR System through Harris Corporation due to proprietary software information. In addition, NETCOM is aware of the aging LMR infrastructure and is working an enterprise solution. NETCOM is not allowing locations to procure new infrastructure/systems and has mandated we must maintain our current systems in place.

6. Actions to Increase Competition: The Contracting Officer will continue to conduct market research in order to potentially identify future equals to the requested products.

7. Market Research: Market research has determined that replacement hardware can be competed among various distributors of Harris Corporation radio to obtain competitive pricing.

However until Harris Corporation allows its distributors access to service systems containing proprietary software information, we will have to continue to use Harris Corporation for service on the Land Mobile Radio System.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: W911S2-17-P-0020 Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

The initial contract included the purchase of the system with several option years included for maintenance. Maintenance on Harris systems has been limited to Harris Corporation due to proprietary software information.

Purchase order or contract number: W911S2-18-P-5005 Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

The initial contract included the purchase of the system with several option years

Purchase order or contract number: W911S2-19-P-6014 Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

The initial contract included the purchase of the system with several option years

9. Additional Information to support the justification. None

IT Specialist, Contracts & Acquisitions

6 2020 January

10. Technical / Requirements Certification: I certify that the supporting data under my cognizance which is included in this abbreviated J&A is accurate and complete to the best of my knowledge and belief.

Submitted By:

Position Title (Division Chief or higher):

Email address:

Signature:

Date:

11. Fair and Reasonable Price Determination: As contracting officer, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The price of this contract will be determined fair and reasonable IAW FAR 13.106-3(a)(2).

Comparison of proposed price with prices found reasonable on previous purchases.

12. Reviews: I have reviewed this justification and find it legally sufficient.

Chief, Administrative and Civil Law Division Office of the Staff Judge Advocate

13. Contracting Officer’s Approval: I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. Based on the foregoing, I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Procuring Contracting Officer