|Agency:||Department of the Army|
|Level of Government:||Federal|
|Posted Date:||Oct 3, 2017|
|Due Date:||Sep 5, 2017|
Solicitation Number :
Notice Type :
J&A Statutory Authority :
FAR 6.302-1 - Only one responsible source (except brand name)
Contract Award Date :
September 27, 2017
Contract Award Number :
Added: Aug 31, 2017 4:09 pmThe Army Contracting Command-Aberdeen Proving Ground (ACC-APG), Fort Huachuca Division intends to award a sole-source contract under the authority 41 U.S.C. 1901(e)(2), 10
U.S.C. 2304(f), and FAR 13.501(a)(1)(ii) - Simplified Procedures for Certain Commercial Items to Harris Corporation located at 221 Jefferson Ridge Parkway Lynchburg, Virginia, 24501-6952.
The requirement is for existing services and consist of the following:
The contractor shall provide maintenance coverage 24 hours per day, 7 days a week to include all weekends and federal holidays during this maintenance period and during subsequent maintenance option years. The contractor shall provide all qualified personnel, materials, tools, test equipment, and any other items/services, not government furnished, necessary to perform troubleshooting, repair, preventive maintenance, and all operational checks and adjustments required to accomplish maintenance and support for the Fort Hood LMR Infrastructure and Terminal Items as defined in the Performance Work Statement.
The contract will consist of a twelve month base period beginning 29 September 2017 through 28 September 2018 with the option to extend up to four (4) one year option periods. FAR Clause 52.217-9, Option to Extend the Term of the Contract, will be included in the contract. The North American Industry Classification System (NAICS) code is 811213. This Notice of Intent to award a Sole Source Contract is not a request for competitive proposals. Any responses or inquiries to this notice must demonstrate clear and convincing evidence that competition will be advantageous to the Government. All information received from this notice shall be used for planning and market research purposes only. The determination to refrain from competing proposed contracts based on responses to this notice is solely within the discretion of the Government. The Government will not pay for the preparation of any information submitted or use of such information. Acknowledgement of receipt of responses will not be made, nor will respondents be notified of the evaluation of the information received. Interested parties may express interest and provide a capability statement no later than 05 September 2017, 8:00 AM Arizona Time (Arizona does not observe Daylight Savings Time). Responses should be addressed to firstname.lastname@example.org.
Place of Performance:
Fort Hood NEC
Primary Point of Contact:
Felisa M. Cope
Added: Oct 02, 2017 5:01 pmControl No: HUA-17-746 Contractor: Harris Corporation Program/Equipment: LMR System Maintenance
FAR SUBPART 13.5 SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS - SOLE SOURCE JUSTIFICATION AND APPROVAL
Prepared By: DSN:
Contracting Officer: DSN:
Reviews: I have reviewed this justification and find it adequate to support sole source.
Legal Counsel: DSN:
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.
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:
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:
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
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.
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:
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.
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.
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.
13. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.
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.
Contracting Office Address :
Bldg 61801, Rm 3212
Fort Huachuca, Arizona 85613-5000
Place of Performance :
Fort Hood NEC
422 27th Street
Fort Hood, TX. 76544
Fort Hood, Texas 76544
Primary Point of Contact. :
Felisa M. Cope
Secondary Point of Contact :
|Sep 1, 2017||[Special Notice] LMR Maintenance|
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