NEC_LMR_JA.pdf

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JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

BRAND NAME

1. Agency/Contracting Activity: Network Enterprise Center (NEC)/MICC Fort Leavenworth, KS

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 $357,980.00.

Acquire a new firm fixed price Land Mobile Radio (LMR) maintenance contract for existing Harris P25 LMR system for a period of 1 year from 29 August 2015 to 28 August 2016..

Requirement is to provide on-site personnel located in the Fort Leavenworth area to perform backbone System Maintenance Services. This service includes labor and parts for all portions of the system. Response time for critical infrastructure failures will be four (4) hours from time of notification by customer until a technician is on-site at the point of most likely failure. Upon notification the technician may commence remote dial up access troubleshooting (if available) to make an initial assessment and possibly initiate a temporary work around solution. Even if dial-up troubleshooting is initiated, the on-site response time will remain at 4 hours. AH nonemergency issues will be responded to within 24 hours.

Backbone Maintenance Service also includes all required replacement maintenance parts.

During the warranty period these parts are provided by Harris warranty provisions. Maintenance personnel will manage the Fort Leavenworth owned Critical Spares Inventory that is located at Fort Leavenworth. Maintenance personnel will place those items back into the Fort Leavenworth spares inventory.

Backbone Maintenance Service also includes installation of Harris's releases of Software FX, provided Fort Leavenworth maintains an active Software FX Agreement.. As each software release shipment is received, the items received will be carefully reviewed by Fort Leavenworth.

Determinations will be made as to which new software release packages will be installed into the backbone. Then detailed planning will define the upgrade processes, order of installation, testing and tailback plans and verification of system operation and effectiveness of the software upgrades.

4. Authority:

Actions other than simplified acquisition procedures (select one):

FAR 6.302-1(c): Only one responsible source and no other supplies or services will satisfy agency requirements, 10 USC 2304(c)(1)

Kraig.roxberry Cross-Out

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FAR 6.302-2: Unusual and compelling urgency, 10 USC 2304(c)(2)

FAR 6.302-5: Authorized or Required by Statute, 10 USC 2304(c)(5)

5. Reasons for Authority Cited: Harris is the manufacturer and designer of the LMR system on Fort Leavenworth. They created the hardware and software that the system runs on; therefore they are the proprietor responsible for keeping the system up to date and functional. There are multiple vendors that can supply the LMR system, yet only Harris can provide the software updates (patches and software releases) prepared and tested on Harris SR (System Release) systems.

The updates are available directly from Harris as no one else offers integration testing and patches specific to the LMR system at Fort Leavenworth. To replace the Harris system would be neither cost nor time effective. A new LMR system would cost several million dollars and a minimum of a year to implement. During that time, our current system would still need maintenance.

a. Background: LMR system maintenance was originally provided by Harris through the original installation contract. A follow on contract was awarded to provide maintenance from August 29, 2012 through August 28, 2015. To date, all option years of the follow-on contract have been exercised (3 total years).

b. Alternatives:

1. Purchase new LMR System: A new LMR system would cost several million dollars and a minimum of a year to implement. During that time, our current system would still need maintenance. This would not be in the best interest of the government due to the additional costs to purchase and then the downtime to implement.

2. Compete the maintenance: Based on the fact that there were no potential response to the Sources Sought or Intent to Sole Source this procurement it is not believed that there are suitable vendors to perform the maintenance. No alternatives are available to provide Harris Hardware and Software Maintenance. Harris is the sole manufacturer of the service and repair parts for Harris radios; therefore, no other vendors can bid for the maintenance contract.

3. Discontinue Maintenance: It is possible to do most radio repairs in-house, although additional tools, test equipment and training would need to be purchased. Immersion rated radios would still need to be shipped to Harris after repairs to be re-certified. Repairs not able to be done in-house would need to be shipped back to the Harris factory for repairs to be made. Without the contract, software and security updates would not happen, leaving the user equipment and the network open to potential threats, risking the availability of communications to police, fire and EMS personnel.

c. Justification: Service Level Agreements have been established by the Ft. Leavenworth Network Enterprise Center for end user equipment repairs. All software updates and infrastructure repairs must come directly from Harris, the manufacturer of the LMR system.

d. Impact: Without factory level support, repairs may not be possible on equipment. Harris circuit boards are only available through Harris as are software updates and security software patches.

6. Actions to Increase Competition: Based on information in paragraph 5 above, competition for this action is not feasible. In the event of a total upgrade of the Fort Leavenworth system, there

-3 would be no barriers to competing the procurement of a new system that would provide a state of the art solution that would meet Fort Leavenworth's requirement. The market will be continually monitored for any additional companies that may be able to maintain the LMR system.

7. Market Research: Market research was conducted on 9 April 2015 – 14 August 2015, multiple vendors were found that can supply the LMR system but no vendor was found that can provide software updates and infrastructure repairs. A sources sought was posted to FBO as well as an Intent to Sole Source notice and no responses were received.

9. INTERESTED SOURCES: Harris Corporation, dba MIA COM; 221 Jefferson Ridge Parkway, Lynchburg, VA 24501

8. Procurement History:

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

Purchase order or contract number: DAAB07-01-D-H805 Was action competed? Yes No

Purchase order or contract number: W91QF4-12-C-0009 Was action competed? Yes No

This action was awarded as a Sole Source contract under the justification that Harris Corp. is the manufacturer and designer of the current LMR system on Fort Leavenworth and that only Harris can provide factory level support. In addition, Harris circuit boards, software updates, and security software patches are only available through Harris as the Harris Corporation owns all the proprietary rights to the software.

9. Additional Information to support the justification. N/A.

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: Brandon Williams Position Title (Division Chief or higher): Land Mobile Radio System Manager Email address: brandon.c.williams96.civ@mail.mil

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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 fair and reasonable determination will be based on adequate price competition IAW 15.402(2)(i).

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12. Reviews: I have reviewed this justification and have no Small Business concerns.

Local Small Business Specialist (if value exceeds $150K)

Typed Name: DATE:

I have reviewed this justification and find it legally sufficient.

Legal Counsel (if value exceeds $150K)

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.

Contracting Officer US Army Mission and Installation Contracting Command, Fort Leavenworth, KS christy.herbig Typewritten Text christy.herbig Typewritten Text Christy M. Herbig 8/27/2015