JOFOC.pdf

Addendum to Justification for Other Than Full and Open Competition Boyers Telephone Services

(AT 27448/32233)

1. Agency and the Contracting activity:

This Justification for Other than Full and Open Competition (JOFOC) supports a procurement action in accordance with (IAW) Federal Acquisition Regulation (FAR) 13.501(a)(1) acquisitions conducted under simplified acquisition procedures. Accordingly, this JOFOC is written and approved IAW FAR 13.501 (a) (1) and FAR 13.501 (a) (2). It is prepared using the format at 6.303-2, modified to reflect that procedures in FAR subpart 13.5 were used IAW 41 U.S.C. 1901. The procurement action is generated by the Office of Personnel Management (OPM) Office of Procurement Operations (OPO).

2. Nature and/or description of the action being approved:

OPM’s National Background Investigations Bureau (NBIB) and Retirement Services (RS) located in Boyers, Pennsylvania, provides local telephone services and connectivity services to maintain the business operations in support of the NBIB investigative and RS missions. NBIB and RS utilize shared telephone equipment, including a Private Branch Exchange (PBX), Automatic Call Distribution system (ACD), voicemail messaging and call accounting services.

In the fulfillment of its mission, NBIB has a requirement for local telephone services. These services are currently being fulfilled by United Telephone Company of Pennsylvania doing business as (DBA) CenturyLink under contract OPM1514C0001, which was awarded for a Period of Performance of 10/30/2013 - 10/29/2018. The proposed action is for a six-month base period and a six-month option period with CenturyLink, with the potential for an additional six

(6) months under FAR 52.217-8. This procurement action will support OPM’s requirement for local telephone and connectivity services to maintain the business operations in support of the NBIB investigative and RS missions work in the Boyers Pennsylvania office.

This proposed sole source action is for a firm-fixed price (FFP) effort to obtain Local Exchange Carrier (LEC) services through United Telephone Company of Pennsylvania DBA CenturyLink.

This addendum addresses an extension to the services originally included under the referenced justification approved on October 22, 2018 which resulted in the award of Purchase Order (PO) 24361819P0002. This extension allows for continued LEC services through the completion of potential follow-on action(s) resulting from the recent NBIB separation from OPM to the Department of Defense. The services reflected within the approved justification remain unchanged. This document provides justification for acquiring continued LEC services in accordance with FAR 52.217-8 Option to Extend Services, which was included at the time of award. The extension must begin on November 1, 2019 to continue services without a lapse.

3. Supplies or services required to meet the agency’s needs:

The contractor will be required to provide and maintain six local telephone and connectivity accounts with service capabilities of: Plain Old Telephone Service (POTS), key system trunk connectivity, Private Branch Exchange (PBX) trunk connectivity with Direct Inward Dialing service (DID), equipment usage, Integrated Digital Service Network (ISDN) Primary Rate (PRI) and Basic Rate (BRI) interface connectivity, voicemail messaging, call hunting (rotary), (AT 27448/32233)

Telephone Service Priority (TSP), and Digital Subscriber Line (DSL), all at normal connectivity surcharges.

The originally approved justification included a total estimated value of , supporting one-year of the required services. This addendum to the aforementioned justification increases the total estimated value from by to . As reflected in the section above, the represented increase allows for continued LEC services through the completion of follow-on efforts. All other services reflected within the October 22, 2018 approved justification remain unchanged.

4. Authority permitting other than full and open competition:

This sole source acquisition is made pursuant to the authority of FAR 13.106-1(b), soliciting from a single source, utilizing the procedures in FAR subpart 13.5 in accordance with 41 U.S.C.

1901. This addendum to the JOFOC does not change the original authority cited and approved.

5. Demonstration that the contractor’s unique or the nature of the acquisition requires the use of the authority cited:

The Federal Communications Commission (FCC) regulates through the Pennsylvania Public Utilities Commission (PA PUC) the local service areas in which telephone service providers may operate. United Telephone Company of Pennsylvania DBA CenturyLink is the only established vendor offering local telephone and connectivity services for the geographic area and within the unique physical plant in which the NBIB/RS Boyers, Pennsylvania office is located. The addendum seeks to increase the estimated value of PO 24361819P0002 as a result of the option to extend services authorized within FAR 52.217-8. As a result, the incumbent contractor is currently the only responsible source that will satisfy the agency requirements while OPM works toward follow-on effort(s).

6. Description of efforts made to ensure that offers are solicited from as many potential sources as is practicable:

To satisfy the requirement of FAR Subpart 5.2, A Notice of Intent to Sole Source was posted to FedBizOpps.gov on October 18, 2018. Responsible parties who identify their interest and capability to satisfy this requirement were instructed to express said interest and capabilities in writing via email within three days of the published date of the notice. OPM did not receive any responses to the FedBizOpps notice.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

In the absence of competition, price reasonableness was established in accordance with FAR 13.106-3(a)(2). Specifically, the original price quote was analyzed based on comparison of proposed prices with prices found reasonable on previous purchases, as well as other commercially available pricing for the same and/or similar services provided. The current order pricing was determined fair and reasonable.

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United Telephone Company DBA CenturyLink currently provides acceptable commercial telephone and connectivity services to NBIB and RS under PO 24361819P0002. In order to determine that the anticipated extension cost to the Government will be fair and reasonable, the Contracting Officer and requesting activity will ensure the firm-fixed prices are consistent with pricing evaluated at the time of award. Additionally, the Contractor will be required to continue all services at the established prices within the PO.

8. Description of market research conducted and results or a reason why market research was not conducted:

Additional Market research was not conducted as there are no other FCC/PA PUC approved vendors able to provide same level of service with existing infrastructure, therefore it will not be necessary to seek further competition.

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

In an attempt to further locate potential vendors capable of providing similar services to OPM in the future, this justification document was publicly posted within 14 days after award in accordance with FAR 5.301 at the GPE www.fedbizopps.gov for a minimum of 30 days.

Vendor inquiries associated with that posting shall be considered when determining a future procurement approach.

OPM continues to assess its telephone and communications needs. Every effort will be made to monitor future upgrades in technology that may allow another cost effective solution to provide the same functionality that is currently provided by United Telephone Company DBA CenturyLink. However, if a vendor was to enter the current marketplace, the time for a vendor to install infrastructure/cabling would be estimated at over a year, or more, creating a break in service, which could prevent NBIB and RS mission success. In addition, if a vendor were to enter the marketplace replacing infrastructure/cabling now with a competitor’s solution would be a significant cost to OPM greatly exceeding the cost of utilizing CenturyLink’s infrastructure/cabling.

10. Listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

None.

11. Statement of the actions, if any, the agency may take to removed or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

Before any subsequent acquisition for a similar requirement is initiated, market research will be conducted again to determine if there are alternatives to meet the NBIB or RS requirements. The Government will seek competition on future acquisitions to the maximum extent practicable. In particular, the Government anticipates competition will be improved by use of the GSA

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government-wide, multiple award EIS contract vehicle, which is also designated a Best in Class vehicle by OMB. While not available for this requirement at this time, its use is anticipated for future requirements.

CERIFICATION BY REQUIREMENTS PERSONNEL

I hereby certify that all technical data and information which form a basis for this justification are complete and accurate.

Signature/Date:

Typed Name:

Program Office/Contracting Officer’s Representative

I hereby certify that the requirements identified within this JOFOC are applicable to the authority [FAR 13.106-1(b)] cited, utilizing the procedures in FAR Subpart 13.5 in accordance with 41 U.S.C. 1901. My signature signifies approval of this JOFOC

Signature/Date:

Typed Name: Shannon G. Kennedy Contracting Officer