LMR Maintenance

Control No: HUA-17-746 Contractor: Harris Corporation Program/Equipment: LMR System Maintenance JUSTIFICATION REVIEW DOCUMENT FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS - SOLE SOURCE JUSTIFICATION AND APPROVAL Program/Equipment/Material: Land Mobile Radio System Support for Network Enterprise Center (NEC), Fort Hood, Texas. The mission is to provide support to the Fort Hood Network Enterprise Center in management, operations, and maintenance of the Land Mobile Radio (LMR) system on Fort Hood, Texas. Authority: Simplified Procedures for Certain Commercial Items 41 U.S.C. as implemented by FAR Subpart 13.5. Amount: The total estimated value The requirement will consist of a twelve-month base period beginning 30 September 2017, and ending 29 September 2018 including four (4) one-year option periods. Prepared By: DSN: Purchasing Agent Date: Email: Contracting Officer: DSN: Contracting Officer Date: Email: Technical: DSN: Management Analyst Date: Email: Requirements: DSN: Management Analyst Date: Email: Reviews: I have reviewed this justification and find it adequate to support sole source. Program Manager: DSN: Signature: Legal Counsel: DSN: Signature: FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items - Sole Source Justification and Approval 1. Contracting Activity: Army Contracting Command-Aberdeen Proving Ground (ACC- APG), Huachuca Division, 2133 Cushing Street, Building 61801, Room 3212, Fort Huachuca, Arizona 85613-7070. 2. Description of Action: The Network Enterprise Center (NEC), Fort Hood, Texas requests to award a sole source contract providing support to Fort Hood Network Enterprise Center (NEC) in management, operations, and maintenance of the Land Mobile Radio (LMR) system. The requirement will consist of a twelve-month base period beginning 30 September 2017 and ending 29 September 2018 including four (4) one-year option periods. Funding for this requirement will be provided using Operation & Maintenance, Army (OMA) Fiscal Year 17 funds. This action is a follow-on to contract. In previous years, this action was awarded as a Sole Source contract under the justification that Harris Corporation is the manufacturer and designer of the current LMR system on Fort Hood, and that only Harris Corporation can provide factory level support. Harris Corporation circuit boards, software updates, and security software patches are only available through Harris Corporation as Harris Corporation owns all the proprietary rights to the software. 3. Description of Supplies/Services: The Fort Hood, Texas Network Enterprise Center (NEC) requirement provides on-site personnel performing backbone System Maintenance Services including labor and parts for the P25 LMR system with four (4) hour response times for critical infrastructure failures from time of notification by customer until a technician is on-site. 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 four (4) hours. Nonemergency issues response times shall be within 24 hours. Backbone Maintenance Service includes Harris Corporation, which shall provide all required warranty specified replacement maintenance parts and maintenance personnel to manage the Fort Hood owned Critical Spares Inventory located at Fort Hood. Maintaining an active Software FX Agreement with Harris Corporation provides the NEC systems with software updates. The NEC specialists will review and approve for installation in accordance with the detailed plan defining the upgrade processes, order of installation, testing and tailback plans, system verification, and operation and effectiveness of the software upgrades. In accordance with AFARS 5153.303-5, the estimated total value is as follows: Base Period: 30 September 2017 to 29 September 2018 Value: Option Period I: 30 September 2018 to 29 September 2019 Value: Option Period II: 30 September 2019 to 29 September 2020 Value: Option Period III: 30 September 2020 to 29 September 2021 Value: Option Period IV: 30 September 2021 to 29 September 2022 Value: Total: Authority Cited: Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5: Exclusive licensing agreements 4. Reason for Authority Cited: a) Harris Corporation is the manufacturer, designer, and proprietor of Fort Hood NEC's P25 LMR system and no other contractor can perform the support on this system due to the age of the system, proprietary information, availability of parts, and proprietary software prepared and tested on Harris System Release (SR) Systems. As stated above, Harris Corporation is the manufacturer, designer, and proprietor of Fort Hood NEC's P25 LMR system, and no other contractor can perform the support on this system due to the age of the system, proprietary information, availability of parts, and proprietary software prepared and tested on Harris System Release (SR) Systems. The updates are only available directly from Harris Corporation, as other contractors do not offer integration testing and patches specific to the LMR system at Fort Hood. To replace the old Harris system, the cost is estimated. It would take a minimum of a year to implement. During that time, the current LMR system would still need maintenance. Background: LMR system maintenance was originally provided by Harris through the original installation contract. A follow on contract was awarded to provide maintenance. The follow on contract was for a base year and three one year options as follows Base Year: 1 July 2013 - 30 June 2014 Option Year I: 1 July 2014 - 30 June 2015 Option Year II: 1 July 2015 - 30 June 2016 Option Year III: 1 July 2016 - 30 June 2017 An extension of services under FAR 52.217-8 was issued from 1 July 2017 - 30 September 2017 All option years of the follow-on contract have been exercised. b) Alternative - Purchase new LMR System: Replacing the current LMR system at Fort Hood Network Enterprise Center is not cost effective at this time and strains resources such as funding, time, compatibility, and labor. Fort Hood is currently not on an upgrade list. Maintenance must continue or the post will run the risk of no communication available for EMS personnel. - Compete the maintenance: There were no actions taken to compete maintenance; since Harris Corporation is the only vendor with rights to its own software, as they do not sell their software to other vendors. - Discontinue Maintenance: Without the LMR system maintenance contract, software and security updates would not happen, resulting in the user equipment and network open to potential threats, risking the availability of communications to police, fire and EMS personnel. - Impact: Without factory level support, repairs, software and security updates would not happen, resulting in potential threats to the user equipment and network, risking the availability of communications to police, fire, and EMS personnel. The LMR system is the predominant public safety communication system on Fort Hood and is relied upon all hours of the day by emergency personnel, law enforcement and others to minimize their situation risks related to life, health and/or saftey issues. 5. Efforts to Obtain Competition: Since Harris Corporation is the only vendor authorized to work on their equipment, ACC-APG did not make any effort to obtain competition; however, a special notice as required by FAR 5.201, for a sole source contract was posted to the Federal Opportunities website (FedBizOpps) on 31 August 2017, and made available for public inspection and comment. The closing date for the synopsis is 05 September 2017. 6. Actions to Increase Competition: If there is any future LMR system maintenance requirement, every effort will be afforded to compete to the maximum extent possible to alleviate long-term sole source dependency. The requiring activity will conduct continued market research reviewing the commercial marketplace for any vendors to provide these LMR services on current equipment, as well as equipment replacement to a more competitive environment. 7. Market Research: Market research shows Harris Corporation is the sole manufacturer of the service and repair parts for Harris radios, and the only vendor with rights to its own software, as they do not sell their software to other vendors. Harris is the only vendor authorized to work on their equipment. On 08 September 2017, Harris Corporation provided a documentation supporting this sole source determination. Per Harris Corporation, they developed the software that runs its LMR systems entirely at private expense and therefore, owns all intellectual property rights thereto. To the best of their knowledge, Harris is the only party authorized to provide the specific comprehensive maintenance features included with its FX Software agreement. Harris does not sell its software to other vendors. 8. Interested Sources: Harris Corporation is the sole manufacturer of the service and repair parts for Harris radios. 9. Other Facts: Procurement History: The following are the Contract Numbers for the last several years for the same requirement: In previous years, this action was awarded as a Sole Source contract under the justification that Harris Corporation is the manufacturer and designer of the current LMR system on Fort Hood and that only Harris Corporation can provide factory level support. In addition, Harris Corporation circuit boards, software updates, and security software patches are only available through Harris Corporation as Harris Corporation owns all the proprietary rights to the software. 10. Technical Certification: I certify that the supporting data under my cognizance, which is included in the justification, is accurate and complete to the best of my knowledge and belief. Management Analyst 11. 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. Management Analyst 12. Fair and Reasonable Price Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. Price analysis techniques per FAR 15.404-1 will be used in performing the price analysis. Price analysis will clearly demonstrate that the proposed price is reasonable in comparison with current or recent prices for the same or similar services. Certified cost and pricing data is not required because the service being acquired is considered commercial. Contracting Officer 13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. Contracting Officer Approval Based on the foregoing justification, I hereby approve the procurement of Land Mobile Radio (LMR) System Maintenance on a sole source basis pursuant to the authority of the Simplified Procedures for Certain Commercial Items, 41 U.S.C. 1901 as implemented by FAR Subpart 13.5 provided that the services herein described have otherwise been authorized for acquisition. Advocate for Competition