S16-0296__-_Redacted_ACE-IT_Radio_Services_JA__FINAL.pdf

Source Selection Information -- See FAR 2.101 and 3.104

Control NO: HNC 16 160814

Justification and Approval For Other than Full and Open Competition

(Sole Source Justification) S16-0296 Army Corps of Engineers – Information Technology (ACE-IT) Radio Repair and Sustainability (ARSS) Bridge

Requirement: ACE-IT has a requirement for to continue to provide Radio Repair Services to the United States Army Corps of Engineers (USACE).

Authority: 10 U.S.C. 2304(c)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

Amount:

Procuring Contracting Officer:

Name: Jennifer Kelley Phone: 256-895-1605

Title: Contracting Officer Date: 22 July 2016

Control NO: HNC 16 160814

Reviews: I have reviewed this justification and find it adequate to support a solicitation for an exception to fair opportunity (due to brand name specifications).

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Control NO: HNC 16 160814

Justification and Approval For Other than Full and Open Competition

(Sole Source Justification) S16-0296 Army Corps of Engineers – Information Technology (ACE-IT) Radio

Repair & Sustainability Bridge

1. CONTRACTING AGENCY: United States Army Engineering and Support Center (CEHNC), 4820 University Square, Huntsville, AL 35816-1822.

2. DESCRIPTION OF ACTION: USACE is requesting approval of a sole source, firm-fixed price two month contract for continued radio repair services to This procurement will be a sole-source award to a . The period of performance shall be from 17 August to 2016 to 16 October 2016.

3. DESCRIPTION OF SUPPLIES OR SERVICES: The United States Army Corps of Engineers (USACE) has an enterprise-wide requirement for radio support and services (i.e. repair services) associated with USACE radio systems. USACE customers have numerous repair requirements for High Frequency (HF), Very High Frequency (VHF), Ultra High Frequency (UHF), and maritime handheld, mobile, and base station radio communications systems, equipment, and accessories.

Repair Services are multiple individual radio repair projects that will be provided as needed and identified as “When Ordered”. Individual projects may include centralized management and coordination efforts with the subcontractors, Radio Engineering SMEs and the customer and repair and sustainability services, also referred to as “Break/Fix,” for all existing equipment identified in Section A1of the PWS required for each project, at all USACE Sites to include labor, travel and expected parts. The individual radio repair projects will be within a broad range of size and scope.

The requirements will be articulated within each individual Performance Work Statement (PWS) and shall be priced upon request. Each project will be invoiced separately based on the “When Ordered” Surge number. Each “When Ordered” repairs will be a separate modification. Repair services will be required at various locations and facilities including fixed buildings, floating plants, temporary field structures, alternate work sites, deployment locations, or other sites. These requirements encompass unclassified information sent over radio transmission systems.

Radio repair services are required to include the repair of all USACE identified radio equipment and systems, antennas, dishes, feed lines (coaxial, waveguide, copper, fiber) to include copper pairs and or fiber interconnection cabling from radio transceivers to remote controller units located throughout USACE facilities.

a) For non-emergencies, response time is between 8am-5pm M-F in any the applicable time zone and shall comply with the service levels requirements (SLRs) defined in Attachment 2

– Levels of Service Document

b) Equipment and systems include but are not limited to portable radios, mobiles, repeaters, remote controllers, digital interface units, console equipment, microwave links, satellite systems, modems and block up converters, paging and warning systems, tower lighting and

Control NO: HNC 16 160814 tower light monitoring systems, etc. The contractor shall utilize manufacturer authorized repair providers that employ manufacturer certified repair technicians. Additionally, all antenna and coaxial repair work that involves climbing shall be in accordance with the USACE EM385-1-1 (http://cihtraining.com/EM385.htm) Health and Safety Manual and The USACE RF Tower Inspection and Maintenance Accident Prevention Plan and Fall Protection Program. All antenna and coaxial repair work that involves climbing shall be in accordance with the USACE EM385-1-1 Health and Safety Manual (Attachment 3 – Reference Documents) and The USACE RF Tower Inspection and Maintenance Accident Prevention Plan and Fall Protection Program (Attachment 4 – Tower Climbing Plan). The plan shall be completed by the Contractor, submitted to the Safety Office at the District and approval received prior to any tower work being performed.

c) Items associated with the physical structure, electrical service, backup generators, grounds maintenance, etc. are the responsibility of the local district personnel.

USACE is a large user of marine, land mobile radios, microwave, satellite, and other wireless communications technologies in support of their mission. The USACE function provides vital public service to millions of US residents and its operational capability safeguards human lives, and trillions of dollars in land and property assets. USACE previous leveraged the Department of Interior Indefinite Delivery Indefinite Quantity (IDIQ) contract for its radio repair requirements.

This IDIQ contract ends on August 16, 2016. At this point, USACE will have no vehicle through which to order repair services for the USACE enterprise. provided these critical services to USACE under the Department of Interior IDIQ contract and the follow-on USACE enterprise-wide radio service and support contract will not be awarded until September 2016. USACE requires a contract from August 2016 – October 2016 to ensure these critical services are provided throughout the Corps. These services are only required for a short, finite period of time and this does not provide adequate time to transition from USACE’s current service provider, , to a new service provider. To ensure that USACE does not experience a break in radio repair services, USACE request a sole source contract with for the required services.

Equipment

Equipment and systems include but are not limited to:

a) Portable radios

b) Mobiles

c) Repeaters

d) Remote controllers

e) Digital interface units

f) Console equipment

g) Microwave links

h) Satellite systems

i) Modems

j) Block up converters

k) Paging and warning systems

l) Tower lighting and tower light monitoring systems

m) Cabling

4. AUTHORITY CITED: FAR 6.302-1, “Only one responsible source and no other suppliers or

Control NO: HNC 16 160814 services satisfy agency requirements.”

5. REASON FOR AUTHORITY CITED: The Government is currently leveraging an existing IDIQ contract (D15PC00209) under the Department of Interior (DOI) with . This contract expires on 16 August 2016. At this time, USACE is working on a large enterprise-wide radio support and services contract but this contract is not expected to be in place until 15 September 2016. To ensure no gap in services a bridge contract is required for repair services.

Additionally, the use of a vendor other than the incumbent would result in unacceptable delays to fulfilling USACE’s radio repair requirements. The use of the incumbent eliminates the need for centralized support under this acquisition because the contract will follow the already established processes. The estimated cost avoidance for centralized management is

Although the anticipated award amount for this acquisition is , a significant volume of repairs is expected during the period of performance. The incumbent, , can easily handle the volume of tickets during this short period of performance, based on their prior experience. Additionally, USACE typically sees a significant number of repair tickets in the summer-fall time period. Use of another vendor during this short period of performance poises a significant technical risk to the Government because the Government does not have enough time to execute a successful transition from the incumbent to a new vendor.

Additionally, a new vendor may not be able to handle starting a contract in the middle of busy season. Radio repairs require a fast turn-around time. Under this acquisition, the contractor also must provide emergency support services. already provides these services to USACE under the existing DOI contract and can continue to provide these services with no additional risk to the Government. Emergency Services must be executed quickly and often require the vendor to either repair or replace Motorola equipment. If emergency services are not quickly provided, park rangers, civil work employees, and other key USACE employees will be put at substantial risk due to their inability to communicate in the event of a natural disaster or emergency response effort. The use of a different vendor would result in a substantial duplication of cost to the Government that is not expected to be recovered through competition, since this is a short-term, stop-gap acquisition. The use of a different vendor would require the establishment of processes and procedures that already exists with the current vendor. If the contract is not awarded with a PoP start of 17 August 2016 USACE will be unable to provide repair services resulting in mission failure. Therefore, it is not in the best interest of the Government to expend the time and funds to establish new processes and procedures during such a short period of performance.

6. EFFORTS TO OBTAIN COMPETITION: As a result of the compelling urgency of this acquisition, the ARSS bridge is a sole source requirement and efforts to obtain competition were not made. This acquisition is a short-term stop gap solution to provide coverage to the USACE from the time period when the Department of Interior IDIQ contract ends and a new enterprise ARSS contract can be awarded. . The follow-on enterprise ARSS contract has been solicited via open market, 100% set aside for small business IAW FAR 19.502-2(b) and was competed to the maximum extent possible within the set aside constraints.

7. ACTIONS TO INCREASE COMPETITION: While this ARSS Bridge acquisition will be a sole

Control NO: HNC 16 160814 source solicitation to the overarching enterprise contract has been solicited via open market, 100% set aside for small business IAW FAR 19.502-2(b) and was competed to the maximum extent possible within the set aside constraints. The ARSS Bridge contract will be used to provide support during a gap in coverage between the current Department of Interior IDIQ contract with that USACE leverages and the award of a USACE enterprise solution.

8. MARKET RESEARCH: Market research for the overarching Enterprise ARSS acquisition began on 16 October 2013 and ended on 6 May 2015. The ARSS Bridge is a short term stop gap measure to ensure no break in Radio Surge Service for USACE. USACE leveraged market research from the overarching Enterprise ARSS acquisition for the ARSS Bridge acquisition.

The Government issued a sources sought notice with the Federal Business Opportunities Website (FedBizOpps) on 16 October 2013 under solicitation number S14-0017 with a closing date of 15 November 2013. The sources sought notice was a total small business set-aside. The purpose of this notice was to have interested small business firms provide specific information relative to the requirement in order to determine how many of the interested firms were qualified and capable to perform the minimum requirements of this acquisition.

The Government received 13 responses to the above referenced RFI, which it analyzed in detail to determine if any of the responding firms possessed the required capability to perform ARSS. The following table contains a summary of the results of that analysis:

As noted in the table above, four of the firms who responded to RFI S14-0017 were determined to be capable of performing ARSS.

In addition to the above research, the U.S. Army Engineering and Support Center, Huntsville (HNC) conducted a dynamic small business search through the Small Business Administration (SBA) database in July 2015. This tool identifies registered small businesses based upon the NAICS affiliated with their business function. NAICS Code 517210, “Wireless Telecommunications Carriers (except Satellite)” is being use for this requirement which is classified under the category “Professional, Control NO: HNC 16 160814

Scientific, and Technical Services.” In the dynamic small business database, the PDT conducted three searches using the NAICS code 517210 utilizing the following key words: “Radio,” “Radio Service,” and “Radio Support.” These searches identified 104, 4, and 0 firms each, respectively. Based off the results of the search, there are numerous small business firms in the required industry.

104 Small Business Firms 5 SBA Certified 8A Program Participants 2 SBA Certified HUB Zone Firms 8 SBA Certified Small Disadvantaged Businesses 12 Service Disabled Veteran Owned Firms 21 Veteran Owned Businesses 0 Native American Firms 25 Woman Owned Businesses

*Note: Some firms came up twice under multiple socio-economical classifications as if they were certified under those classifications. This caused a disparity in the search and total number of small businesses reflected in the chart above.

As such, the government has a reasonable expectation that there will be adequate competition within the small business community for the ARSS contract, but the ARSS selected small business contractor will purchase the brand name equipment either directly from the manufacturer or via other suppliers, who may or may not be small business firms.

In addition to the above research, the following strategic sources were considered:

– A RFI was issued to all vendors within the pool on 9 September 2014. The RFI closed on 16 September 2014; responses were received from two vendors: Technical personnel from ACE-IT conducted a review of the information provided by both vendors; this review was concluded on 23 September 2014. Both vendors were determined to be incapable of performing the required services.

One criteria used to evaluate each company is determining the number of layers/companies required to reach the actual technical group performing the work. ACE-IT’s analysis indicates that when the prime company is not “radio-based,” the respective company then hires a radio-based centralized sub-contractor who in turn, hires additional companies to perform the technical work. This results in significant overall increased cost to the ACE-IT customer, and counters the reasons for removing this mission from the overall ACE-IT “re-compete contract.” Layering of sub-contractors results in a significantly higher final price than what the customer can purchase from a local vendor. The use of a local vendor breaks the enterprise model resulting in non-standard equipment installation that is not “DoD compliant” because local vendors do not possess the enterprise knowledge of standards and DoD/OSD regulations. Therefore, the Government’s best approach for this solicitation is for the successful company to be a “radio-centric” vice an IT Company.

The proposals and websites for were reviewed and the Government determined that neither company is a radio-based company. All of the work will pass through each company to multiple vendors. ACE-IT separated this requirement from its

Control NO: HNC 16 160814 main IT contract to prevent non-radio based companies from providing service. The vendor websites did not indicate that either has any radio/microwave communications capabilities.

All of the capabilities listed are for more “traditional” IT-related activities. This will require each to subcontract to multiple vendors to complete USACE’s mission.

as their radio-partner. Again, this invokes layering of companies while increasing final costs. There is no indication that has any presence in the . The PWS services the entire United States and would need to hire additional companies to meet the needs of USACE.

The companies that responded to the RFI do not meet the desired capability areas listed in the RFI questionnaire. Additionally, Radio Engineering has a statement of non-availability (SONA), SONA #216635040 indicating that none of ’ vendors can provide the required services. ACE-IT obtained an Army Knowledge Management (AKM) Goal 1 Waiver following the receipt of the . AKM Goal 1 Waiver number is 20140914548317.

– On 6 October 2014, the PWS for this acquisition was submitted to for a scope review to determine if it fell within the scope of the

On 9 October 2014, responded and indicated that the services did not fall within the scope of however, later that same day, reversed this assessment, indicating that they had performed a secondary review and determined that the series did, in fact, fall within the scope of .

On 17 October 2014, a RFI was issued to all vendors; the RFI closed on 22 October 2014; responses were received from three vendors:

. Technical personnel from ACE-IT conducted a review of the information provided by all vendors; this review was concluded on 5 November 2014. All three vendors were determined to be incapable of performing the required services.

One criteria used to evaluate each company is determining the number of layers/companies required to reach the actual technical group performing the work. ACE-IT’s analysis indicates that when the prime company is not “radio-based,” the respective company then hires a radio-based centralized sub-contractor who in turn, hires additional companies to perform the technical work. This results in significant overall increased cost to the ACE-IT customer, and counters the reasons for removing this mission from the overall ACE-IT “recomplete contract.” Layering of sub-contractors results in a significantly higher final price to than what the customer can purchase from a local vendor. It also breaks the enterprise model resulting in non-standard equipment that is not “DoD compliant” to be installed because local vendors do not possess the enterprise knowledge of standards and DoD/OSD regulations. Therefore, the Government’s best approach for this solicitation is for the successful company to be a “radio-centric” vice straight IT Company.

The Government reviewed the proposals and web sites from all three companies. None of the companies are a radio-based and all work will pass through each one of these to multiple other vendors (i.e. subcontractors). ACE-IT separated this requirement from its main IT contract in order to prevent non-radio based companies from providing service. The website for each company fails indicate whether it has any radio/microwave communications capabilities. As a result, each company will be required to sub-contract to multiple vendors

Control NO: HNC 16 160814 to complete USACE’s mission. as their radio-partner. SPS directly stated that it could provide IT hardware and procurement but would use a subcontractor for radio services. as their subcontractor for radio services. All of these companies will be layering companies while increasing final costs. It is likely that since this PWS services the entire country, these subcontractors will have to hire additional subcontractors.

The companies that responded to the RFI do not meet the desired capability areas as listed in the RFI questionnaire.

– On 10 September 2014, the CEHNC Contracting Officer (KO) contacted (via telephone) the personnel responsible for the . She asked the personnel to review the PWS for this acquisition and determine if it fell within the scope of the . On 15 September 2014, the GSA personnel responded that, while the services themselves fell within the scope of is unable to support the “when ordered” portions of the ARSS PWS. Since the “when ordered” portions of the PWS are critical to the success of ARSS, and they cannot be definitive at this time, is not a suitable vehicle for this acquisition.

– On 6 May 2015, HNC and ACE-IT technical personnel reviewed the available information concerning . Of the small businesses available, none of them have NAICS code 517210 or any other radio related NAICS codes listed as their primary business code. Additionally, only has information indicating that they are capable of providing radio hardware and performing radio related services. Since there is only one vendor in the pool who possesses the required capability, there would be no competition, and this strategic source is not viable for the enterprise ARSS acquisition but is a viable solution for the ARSS bridge acquisition.

- On 28 January 2015, contracting personnel from HNC met telephonically with personnel from . HNC provided relevant information regarding the procurement, including the need for a complete small business set-aside, and shared the complete PWS with attachments. On 3 February 2015, completed its review of the acquisition documents, and confirmed that this requirement could not be satisfied by and could only be satisfied in part by . If the latter option were pursued, numerous contracts would be required, some of which would be open market. As noted in the above paragraphs and none of the strategic vehicles identified above can support the government’s requirement.

Based upon the market research above, there are small business sources that can fulfill the requirements for this acquisition; is the only available strategic sources capable of fulfilling the Government’s requirement. Accordingly, it is in the best interest of the government to award a stand-alone contract by means of full and open competition, after exclusion of sources.

9. INTERESTED SOURCES: As noted above, responded to the Government’s RFI and expressed an interest in this acquisition.

10. OTHER FACTS:

Control NO: HNC 16 160814

(1) Authority previously used for less than full and open competition: The previous acquisition was awarded competitively and only contained brand name restrictions for radio equipment in accordance with FAR 16.505(a)(4)(i), “Items Peculiar to One Manufacturer.”

a. If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results: Paragraph 7 of the brand name justification indicated that the action would be competed to the fullest extent possible within the constraints of the necessary brand name radio hardware restrictions. The enterprise contract was ultimately awarded to on a competitive basis.

b. If any prior award was accomplished by full and open competition, a detailed explanation of the changed circumstances: N/A

c. If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the buy and whether there have been any significant changes: A brand name J&A was prepared to support the previous acquisition (for Motorola and MICOM radios). That restriction is still necessary for this acquisition with no changes. Due to the constraints explained in section 4 of this justification, this acquisition also needs to be awarded to a single vendor on a sole-source basis.

(2) Acquisition data availability. The Corps of Engineers currently uses DOI’s IDIQ contract, F11PC00161 to fulfill its radio repairs. This period of performance for the DOI IDIQ contract ends on 16 August 2016.

(3) Unusual and Compelling Urgency: N/A

(4) Subcontracting competition. This sole source acquisition is to a small business.

Accordingly, no subcontracting plan will be required. Further, the overarching Enterprise ARSS contract will be 100% small business set aside.

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

Typed Name: Jennifer Kelley Title: Contracting Officer Date: Signature:

KELLEY.JENN

IFER.L.10833

31255

Digitally signed by

KELLEY.JENNIFER.L.1083331255

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=KELLEY.JENNIFER.L.108333125 Date: 2016.08.12 09:12:49 -05'00'

Control NO: HNC 16 160814

Control NO: HNC 16 160814

13. APPROVAL

Based on the foregoing justification, I hereby approve the procurement of this requirement for the USACE ARSS Bridge Contract on a non-competitive basis IAW 10 U.S.C.2304(c)(1) as implemented by FAR 6.302-1(c)(1), “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements,” in the total estimated amount of subject to availability of funds and provided that the services and property herein described have otherwise been authorized for acquisition.

Jenn i fe r Ke l l ey Cont rac t i ng Of f ice r

S igna tu re :

KELLEY.JENNIFE

R.L.1083331255

Digitally signed by

KELLEY.JENNIFER.L.1083331255

DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=KELLEY.JENNIFER.L.1083331255 Date: 2016.08.12 09:13:12 -05'00'