22Q0029 REDACT BNSS 2.pdf

1 Ver 2.0 (01 June 2018)

Date: 01JUN22

MEMORANDUM

Subj: USE OF OTHER THAN FULL AND OPEN COMPETITION FOR AN ACQUISITION UNDER

THE SIMPLIFIED ACQUISITION THRESHOLD

Ref: (a) PR Number(s): N 7 0 2 7 2 2 3 P R R C 9 0 0 / P R W C 9 0 0

I. BACKGROUND:

1. In considering the references, FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contacting Officers may solicit from one source if the Contracting Officer determines that, under the circumstances of the contract action, only one source is reasonably available (e.g., urgency, exclusive licensing, brand-name, or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition because only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

1. Provide a description of the item or service required, to include

a) the name of the required source or brand name

GULF TELEPHONE COMPANY, LLC; DBA CENTURY LINK

b) the required delivery date/period of performance

Base Year: 01OCT22 - 30SEP23 Option Year 1: 01OCT23 - 30SEP24 Option Year 2: 01OCT24 - 30SEP25 Option Year 3: 01OCT25 - 30SEP26 Option Year 4: 01OCT26 - 30SEP27

c) its intended use.

Direct support of flight operations at Naval Air Landing Fields in (NALF) Goliad/Corpus Christi Texas, and Whiting/Barin Pensacola Florida

2. List the source(s) or known vendor(s) who are able to provide the above described item or service.

CENTURY LINK

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN COMPETITION IS BASED

ON THE FOLLOWING (select all that apply):

2 Ver 2.0 (01 June 2018)

A. XX Only one responsible source (select all that apply):

1. XX RESTRICTIVE RIGHTS: the source has established proprietary rights, limited rights in data, patent rights, copyrights, or secret processes in the item or service.

a. Explain what is subject to the restrictive rights.

Gulf Telephone Company DBA Century Link currently possess all rights to drawings and designs of the current system in place. System is a legacy system and all other carriers have ceased to support

b. If drawings are included, who is identified as “owning” the drawings.

Gulf Telephone Company DBA Century Link currently owns all rights to drawings and designs of system in place

2. EXCLUSIVE LICENSING AGREEMENTS: The item or service is only available from the Original Equipment Manufacturer (OEM), or there is ONLY ONE authorized distributor or technical representative for the OEM.

a. Identify the OEM and explain the circumstances surrounding why the item or service is only available from the OEM.

b. Identify the distributors / authorized technical representatives for the item or service.

Provide evidence of the licensing or OEM certification agreement as an attachment to this document.

3. x OTHER REASON:

a. CRITICAL EQUIPMENT: The required item is critical equipment, the failure of which poses a hazard to the operational system, the crew, or the environment.

i. Explanation on how requirement and intended purpose is critical: This requirement is in direct support of flight operations and if service is not obtained it could possibly lead to a safety of life issue.

b. STANDARDIZATION / BRAND NAME: only the specified make/model of the equipment/parts will satisfy the Government’s needs for additional units or replacement items.

i. Identify Make / Model Number(s):

ii. Identify other systems with this Make / Model:

c. FORM, FIT, AND FUNCTION: Item is direct replacement parts / components for existing equipment and must be compatible in terms of form, fit, and function with

3 Ver 2.0 (01 June 2018) existing equipment / configurations.

i. Identify Make / Model of existing equipment:

ii. Describe how the equipment must be compatible with the existing configuration.

d. XX OTHER:

Current system is a legacy system and all other sources have ceased to support current system in place. As result the one source that has taken over all support for current systems is AT&T. At this time there is not an immediate known time when a new contract will be in place to replace legacy system. The purpose of the system is vital to aircraft support and for the safety of not just the aircraft but the base and all surrounding areas. To attempt to award to an alternate source would prove to be of greater cost to the government and would result in delay of land to air communications support with the potential of a catastrophic outcome. Century Links network interface is already established by the presence of existing network equipment and other vendors do not have the systems to be compatible with the Base Communications Office’s (BCO) telephone switches. Resolving emergency or unplanned service-affecting conditions will take additional time/delays due to additional coordination will be required in combination with systems provided by other carriers or vendors.

Century Link is in direct support of critical legacy systems and is fully integrated with the regional dispatch 911 system. Without a market, trial to test company’s ability to provide services the outcome of the deregulation provides a marginal probability of error that could potentially cause damage not just to property but to personnel as well.

4. UNUSUAL AND COMPELLING URGENCY: The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits. Urgent requirements are supplies or services that will result in work stoppage, or are mission critical and the routine processing time would injure the Government. The determination that the procurement for the above is an urgent and compelling requirement is based on the following:

a. Date on which the requirement was identified:

b. Required delivery date / Period of Performance:

c. If the difference between a. and b. is more than one week, explain the delay in submitting the requirement.

d. Estimated production lead time:

e. Explanation of why delivery / commencement of services by the date required is needed: (explain the impact to the mission, any special circumstances or conditions, etc.)

f. CASREP Number:

IV. ANTICIPATED DOLLAR VALUE OF PROCURMENT: $17,103.48 BaseYear/ $92,566.90 (Life of Contract)