JOFOC USDA Data and Voice Services_redacted_Redacted.pdf

5. A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring the use of authority.

USDA is made up of twenty-nine (29) agencies and offices with approximately one hundred thousand (100,000) employees who serve the American people at more than 4,500 locations across the country and around the globe. USDA currently utilizes GSA Networx, Washington Interagency Telecommunications System-3 (WITS-3) and Local Telecommunications Services contracts to procure telecommunications and related services to meet its telecommunication needs. The services rendered under the Networx contract being performed by AT&T over the past decade have enabled USDA to provide economic opportunity through innovation and facilitate the development of rural America, as well as promote agriculture production that better nourishes Americans and members of the global community. The telecommunication infrastructure has also enabled the preservation of our Nation's natural resources through conservation, restored forests, improved watersheds, and healthy private working lands. It is important for USDA to retain its current operational infrastructure which is heavily reliant upon the AT&T work performed under GSA legacy Networx contract.

GSA’s Networx, WITS-3, and Local Telecommunications Services contracts expired on 31 May 2023. Through a signed Continuity of Services (CoS) Memorandum of Understanding (MOU) between the GSA and the USDA dated 26 September 2022, GSA authorized and implemented a Continuity of Services (CoS) period beginning 1 June 2023 through 31 May 2024. This CoS MOU was further extended through 31 May 2026 through an agreement between the GSA and the USDA dated 15 Jun 2023. This MOU prohibits contractors from accepting any orders for new services or changes and relocation of existing services on any of the expiring telecommunication contracts after 1 Jun 2023. The MOU stipulates the only orders permitted are those requesting the disconnection of current services being performed under the contracts. USDA’s inability to request new services and or modify and relocate existing services creates a crippling effect on the multiple networks the agency currently uses for its operations.

To accommodate timely transitions and foster continuation of services, USDA competitively awarded the USDANet task order under GSA’s replacement Enterprise Infrastructure Solutions (EIS) contract vehicle on 16 December 2021 to Lumen Technologies Government Solutions, Inc.

(Lumen) with a period of performance through 31 Jul 2032. At contract award, Lumen presented the best value and the task order timeline allowed for the transition of the existing telecommunication networks by the expiration of Networx with minimal to no disruption of USDA’s daily operations. However, since the award of this replacement task order, there have been multiple issues that have delayed the original transition schedule included in the task order requirements and agreed to by Lumen such as supply chain delays impacting equipment deliveries, Lumen’s Business Support System (BSS) was found noncompliant by GSA resulting in GSA suspending Lumen from accepting orders for usage-based services or any other services for which it is unable to provide a proper invoice until the failure is corrected and approved by GSA (failure identified to USDA on 22 November 2022 and not yet been resolved), and the lack of an agreed upon transition plan for the migration of services from Networx to EIS. The delayed transition schedule now reflects that it may not be possible to meet the transition deadline of 31 May 2026 for relocating services from AT&T under GSA’s Networx contract to the new GSA EIS task order.

Multiple solutions were reviewed to ensure the continuation of the services being provided through the Networx contract. Market research was conducted to determine if there was any feasibility in shifting the entire USDA’s agency network services to a new vendor. It was determined that the acquisition timeline, the implementation of new services, supplies, including all equipment via a new vendor could not be accomplished before the CoS MOU expires. The USDA lost the ability to place any orders for new services, request any changes and update the relocation of existing services on all expiring telecommunication contracts after 1 June 2023. It is imperative for USDA to maintain current operational functions by retaining and ensuring the ability to place new service orders and modify current service orders guaranteeing that USDA employees have direct access to the network services solution to meet operational and mission goals. In accordance with the CoS MOU, the USDA will lose all services with the expiration of the CoS period on 31 May 2026 at which point USDA will lose all of the services being provided through the Networx contract which would cripple the entire USDA. Establishing an award to a new vendor would require additional time to recompete, evaluate and award a new contract. Once the new contract is awarded, the services would require on-boarding of new staff, a transition phase for the services to a new vendor which would significantly impact the service level currently being received and put the USDA in harm of not having streamlined and efficient telecommunication services.

Recompeting these services would require USDA to:

Assess the existing services, design service solutions from scratch including Trusted Internet Access (TIA) / Managed Trusted Internet Protocol Service (MTIPS) with custom USDA security requirements, cloud gateway, voice services overlay, enterprise Domain Name Service (DNS) and large-scale remote access.

Prepare a detailed system requirements document to educate potential offerors of the requirements.

Develop a pricing model that is common to all vendors which would take several months to develop and define.

Develop and implement a detailed source selection plan to evaluate offers received.

USDA has already competed and awarded an EIS task order to meet this requirement long term so a new recompete and award would cause a duplication in both time and costs to the USDA. An award to a new vendor would also require the transition of equipment and services first from AT&T to the new vendor and then a second transition to Lumen under the EIS task order. The substantial investment for an abrupt and unplanned transition of these contract services would include significant costs to both the vendor and USDA to include, but not limited to, increased manpower, increased costs of equipment due to incompatibility of both software and hardware to support USDA enterprise telecommunication services, engineering costs amongst other unforeseen transition issues due to the complexity of the current telecommunication enterprise services.

AT&T is the current service provider for critical core shared services and data circuits for agency networks and the award of this interim transitional sole source contract is the only strategy that mitigates the risk of total service failure, allows USDA the ability to continue to modify services, and gives USDA sufficient time for the future transition to the GSA EIS task order to Lumen to be completed. The period of performance under this contract is limited to only the amount of time necessary to transition these services to the current GSA EIS task order. Therefore, AT&T is the only responsible source that can satisfy agency requirements to provide the telecommunication services during the transition from AT&T under Networx to Lumen under EIS without any disruption in USDA telecommunication enterprise services.

In summary, the market research conducted during the original USDANet task order acquisition was re-assessed for this requirement to determine if any of the original schedule holders would have the ability to quickly pivot and support the transformed solution tailored around the existing USDA data and voice services environment. This analysis considered the original five Networx contract holders: AT&T, Lumen, CenturyLink, Verizon, and Level 3. The Program Office technical expert team conducted an in-depth assessment of each vendor’s capabilities and specifically targeted each vendor’s ability to quickly adapt within an unfamiliar environment, tentativeness to details to address the evolving USDA data and voice services environment, and ultimately successfully deploy a new vendor and complete a knowledge transfer for the USDA without the loss of services.

External market research was also conducted, and it was determined that outside forces directly contribute to the inequity of another vendor’s solution based upon the limits imposed through the MOU and USDA’s inability to transition services to the new Lumen task order by the expiration of the Networx contract. Market research also determined that these non-schedule “other” vendors have the capability of providing the data and voice services requirements but not at the minimum required level of effort within the afforded timeframe. It should be noted that the dynamics of the original solution have evolved into a distinctive and seamlessly high performing telecommunication infusion of support and services embedded within USDA environment where vendor knowledge effortlessly complements the USDA mission. AT&T has a breadth of understanding of the current solution and has uniquely tailored expert level of support services and in house solutions to quickly address failures while hitting critical timelines and meeting USDA expectations. Based upon the current solution and level of effort provided it has been determined that no other vendor on the original Networx contracts or outside of the original Networx contracts can mitigate the risk of total service failure except for AT&T during the transition to the GSA EIS task order. The final determination is to award a sole source standalone contract to AT&T for the existing services to maintain the USDA data and voice network architecture and continuity of services. This will minimize the impact to mission areas by maintaining the current equipment, all associated devices, and the services currently being provided by AT&T under the Networx contract. The goal is to arrange a sound solution to transition all of these services to the GSA EIS task order that was competitively awarded to Lumen on 16 December 2021.

6. A description of efforts made to ensure offers are solicited from as many potential sources as is practicable.

In accordance with FAR 5.203(a), an intent to sole source notice was posted to the Government Point of Entry (GPE) on 21 April 2023 stating that “Responsible sources capable of providing the required services may identify their interest and technical capability to meet this requirement.” No responses were received in response to this notice of proposed contract action by the required date of 28 April 2023.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Anticipated pricing under this contract action will be fair and reasonable, as the techniques identified in FAR 15.404-1(b) will be used supported by historical pricing information for these services as well comparison to the Independent Government Cost Estimate. Certified cost or pricing will not be required in accordance with FAR 15.403, as commercial services are being acquired.

8. A description of the market research conducted and the results or a statement of the reason Market Research was not conducted.

Market research was conducted for the overall telecommunications system during the acquisition of the long-term solution, the GSA EIS task order (USDANet) and it was determined that transitioning from Networx to EIS under GSA was in the best interest of the Government. USDA still maintains that transitioning these services to GSA EIS is in the best interest of the Government once the services can be transitioned. At the point where it was determined that the EIS implementation was not going to meet stated milestones and current services would be interrupted, research was conducted on existing contracts and vendors under the GSA legacy telecommunications contract vehicles to develop an approach to meet the potential gaps in service created by expiring contracts and limitations on being able to modify services. Given the need to have a contract in place that minimizes the need to change equipment (hardware/software), supplies, materials, supporting systems/infrastructure, meets the transition timeline, preserves the contract structure, and that would also allow for the modification of existing services, the decision was made that the only viable solution was a standalone contract to the incumbent vendor, AT&T, until the time that these services can be transitioned to the GSA EIS task order.

9. Any other facts supporting the use of other than full and open competition.

USDA’s telecommunication enterprise system is an integral part of its ability to perform routine to complex tasks on a daily basis. One of the current providers for USDA’s telecommunication enterprise system is AT&T who is currently performing work under GSA’s legacy Networx contract which is no longer accepting new orders under the legacy contract as of 1 June 2023 and will reach the end of its CoS extension on 31 May 2026. In order to meet the current demands of the agency, USDA needs the ability to add new orders, remove and/or change locations of current services as well as a strategy in place to ensure that services continue beyond 31 May 2026.

The inability to modify existing services and the possible loss of telecommunications services completely will cripple USDA’s ability to meet their mission on both a national and global level. If the services are able to be transitioned to the GSA EIS task order within the base period, the option periods will not be exercised. The option periods are included only to continue to meet the need in the event that they cannot yet be transitioned to the GSA EIS task order. This interim transitional contract serves to continue to support all USDA telecommunications needs until the time that these services are able to be transitioned to the GSA EIS task order.

USDA explored the option of obtaining new services from a new provider, however, the required timeframe for a new provider to deploy these services in a working environment will surpass the sunset date of GSA’s legacy contract and would not address the immediate operational needs. In fact, without a standalone contract to the incumbent vendor, USDA may not be able to transition services to the EIS task order prior to the expiration date which would effectively eliminate USDA’s ability to meet its mission. To recompete this effort would create an undue burden on the current infrastructure and create duplications of effort and cost that would ultimately prove detrimental to the USDA both fiscally and operationally.

10. A listing of the sources, if any, that expressed a written interest in the acquisition.

As this effort is anticipated to result in a sole source award, this is not applicable.

11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition if subsequent acquisitions are anticipated.

The follow-on final end state solution to meeting this need was competed and awarded as a task order under the GSA EIS contract. Once these services have been transitioned to EIS, there are no known barriers for subsequent acquisitions. Therefore, actions to remove or overcome barriers to competition are not applicable or necessary in this situation.

Certifications & Approvals

Supporting data that form the basis for and included in this justification are certified accurate and complete.

Dan Crosson, Deputy Director, Enterprise Network Services

The information contained in this Justification for Other Than Full and Open Competition is certified accurate and complete to the best of my knowledge and belief.

Emily Strunk Contracting Officer

Additional Reviews & Approvals

Signatures are required at each threshold up to the total estimated dollar value of the acquisition

Advocate for competition for the procuring activity (if over $750,000, but not exceeding $15 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as advocate for competition for the procuring activity, I hereby approve this justification.

Richard Jiron Chief, Procurement Operations Division Procuring Activity Advocate for Competition

Head of the procuring activity (if over $15 million, but not exceeding $75 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as Head of the Procuring Activity, I hereby approve this justification.

Head of the Procuring Activity United States Department of Agriculture

DANIEL CROSSON Digitally signed by DANIEL CROSSON Date: 2023.05.16 10:56:53 -06'00'

EMILY STRUNK Digitally signed by EMILY STRUNK Date: 2023.05.16 10:59:32 -06'00'

RICHARD JIRON

Digitally signed by RICHARD

JIRON

Date: 2023.05.25 13:44:30 -06'00'

HILARY ERICKSON Digitally signed by HILARY ERICKSON Date: 2023.06.22 20:07:52 -05'00'

Senior Procurement Executive of the Agency (if over $75 million). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, as the Senior Procurement Executive, I hereby approve this justification.

Donald W. Baker, Jr.

Acting Senior Procurement Executive United States Department of Agriculture

DONALD BAKER

Digitally signed by DONALD

BAKER

Date: 2023.06.23 09:44:31 -04'00'