LSJ_-_273FCC19F0022_-_Hotline_Call_Center_1.pdf

Limited-Sources Justification (Contract to Assist the Federal Communications Commission or an

Over-The-Air/Rescan Call Center)

The acquisition that is the subject ofthis limited-sources just~Ication is conducted under the authority of the Multiple-Award Schedule (MAS) Program. 40 U S.C. § 50]. Limitation ofsources isjust~Ied on the followingfacts, rationale, recommendations, and approvals pursuant to FAR 8.405-6(c).

1.0 Identification of the agency and the contracting activity, and specific identification of the document as a “Limited-Sources Justification.”

This Limited-Sources Justification (L.SJ) was prepared by the Federal Communications Commission (“FCC”), Office ofthe Managing Director, Administrative Operations, Enterprise Acquisition Center, located at445 12th Street SW, Washington DC 20554, with the assistance of FCC’s Consumer and Governmental Affairs Bureau (CGB) (the “requiring activity” or “Bureau”).

2.0 Nature and/or description of the action being approved.

This is a new requirement that will be awarded to TeleTech (TTEC) under its Schedule 70 Federal Supply Schedule contract pursuant to MAS program procedures. This document justifies the placement of work under a new order for one (1) base year and two (2) six- month option periods of services. This work is necessary to provide call center and related services to broadcasters and consumers to effectuate the Spectrum Act, Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, §~ 6402, 6403, 125 Stat. 156 (2012), as modified and extended by RAY BAUM’S Act of2018 Repack Airwaves Yielding Better Access for Users of Modem Services Act of 2018, H.R. 4986, 115th Cong. § 601(2018) (codified at 47 U.S.C. § 1452). (the “Acts”).

a. Project title. Contract to Assist the FCC for an Over-the-Air/Rescan Call Center.

b. Name and address of the proposed contractor(s).

TeleTech Global Headquarters 9197 South Peoria Street Englewood, Colorado, USA 80112-5833

3.0 A description of the supplies or services required to meet the agency’s needs (including its estimated value):

Background: Middle-Class Tax Reliefand Job Creation Act of20]2 and RAY BA UM’S Act of2O]8

Congress authorized the FCC to conduct incentive auctions in the Middle-Class Tax Relief and Job Creation Act of 2012 (“Original Incentive Auction Authorization”.) The Broadcast Incentive Auction was designed to repurpose a portion of over-the-air broadcast television spectrum for wireless use. After the auction concluded, some additional television broadcasters remaining on the air are required to move to new broadcast channels to create contiguous blocks of cleared spectrum in the 600 MHz band for wireless use. The reassignment of broadcasters to new channels is called “repacking” and is part of the post-auction transition process.

As part of the Original Incentive Auction Authorization, Congress established a $1.75 billion TV Broadcaster Relocation Fund (“Fund”) to reimburse costs reasonably incurred by full power and Class A broadcast television stations that would be repacked after the auction. In addition, the Fund can be used to reimburse multichannel video programming distributors (“MVPDs”) for costs related to continuing to carry the signals of broadcast stations moving to a new channel. Congress mandated that the FCC make all reimbursement payments within three years of the completion of the incentive auction. The Broadcast Incentive Auction closed on April 13, 2017, therefore all reimbursement payments were required to be made no later than April 13, 2020. Under the Original Incentive Auction Authorization, translators, low power television (LPTV), and FM stations were not eligible for reimbursement from the TV Broadcaster Relocation Fund.

On March 23, 2018, Congress passed RAY BAUM’S Act as part of the 2018 Omnibus Spending Bill.

RAY BAUM’S Act included changes to the Original Incentive Auction Authorization, including extending the time for implementation; increasing the amount of money available; and, expanding the categories of entities eligible for reimbursement. Among other things, RAY BAUM’S Act:

• Extended the deadline for the FCC to make reimbursement payments until July 3, 2023;

• Provided an additional $1 billion in funding for TV Broadcaster Relocation Fund and consumer education:

Increased the amount of money for Full Power & Class A Stations and MVPDs (i.e.

$1.75 billion funding increases to $2.5 billion);

o Allowed new industry segments to be reimbursed by the Fund:

• TV Translator & Low Power (LPTV)Stations (up to $150 million);

• FM Radio Stations (up to $50 million);

o Provided funds for consumer education ($50 million); and

• Required the FCC to complete a rulemaking within 12 months (i.e. by March 23, 2019) to implement the legislation.

The Act required that the $50M be spent on consumer education. The Call Center is one component of this critical mission.

The Requirement

The post-auction transition and repacking process addressed by the Acts will require viewers who receive channels over-the air via a rooftop or indoor antenna to rescan their televisions or converter boxes to continue to receive the new channels. Viewers may need to rescan their televisions and converter boxes multiple times over the transition period. Notice of the need to rescan consumer television and converter boxes will be provided by television stations in crawls and PSAs for at least 30 days leading up to the date the rescan. (Viewers who watch the channels via a cable or satellite provider will not have to take any action, as the necessary changes will be made within the network of their provider).

Based on the experiences of several broadcast stations that have transitioned early to new channels, the Commission has determined that viewers will be best served by creating a toll-free hotline to assist them as they rescan their digital tuners to receive new channels. When one or more of the local broadcast TV stations moves to a new channel, consumers will need to rescan their television sets or converter boxes, but unlike the digital television conversion in 2009, consumers will not need to buy a new TV or purchase a converter box (although in some limited circumstances they may need a new antenna). Each TV broadcaster will provide notice to viewers in advance of its channel change, but based on experience to date, some viewers will likely have questions about how to perform the required rescans. Consumers may also need additional information about antennas and reception on the new channels. More information on how to rescan for channels and on antennas can be found at www.fcc. ov rescan and https://www fcc.gov consumers guides/antennas-and-digital-television.

The contractor responds to incoming calls and answer questions from individuals regarding the post Incentive Auction transition and rescanning. The Contractor shall provide technical assistance to customers needing help with rescanning their televisions or converter boxes and to troubleshoot and answer questions about consumer television antennas that receive over-the-air programming from television stations that have changed their channel as part of the reorganization of broadcast television spectrum. In addition, the Contractor shall be able to answer questions about the FCC’s DTV Reception Maps showing the contours of television signals by street address and TV coverage changes that callers may experience as a result of the channel reassignment(s). Callers may need to rescan their televisions and converter boxes multiple times over the three-year period.

In addition to providing the required personnel, facilities, equipment and services, the Contractor shall perform all technical and management functions to plan, design, implement, operate, and manage the contact center and associated services to meet the needs of the Government. The Contractor will develop scripts and training materials and will operate and maintain a Knowledge Management Repository to assist its agents in answering questions. When requested, the Contractor shall provide any additional services described in the base contract, additional communications channel(s) and/or language support, extend the hours and/or days of operation, expand the services to support new requirements, and/or provide any special project support needed to analyze, plan, design, implement, operate and manage special customer support services that may be needed.

Requirement type.

U Research & development (R&D) LI R & D support services X Support services (non-R&D) LI Supplies/equipment LI Information technology (IT) LI Construction LI Architect-engineer (A & E) services LI Design-build LI Other (specify):

• Type of action

X New requirement LI Follow-on U Other (specify): ___________________________

• Proposed contract/order type.

X Firm-fixed-price

LI Other fixed-price (specify, e.g., fixed-price award-fee, fixed-price incentive-fee):

LI Cost-plus-fixed-fee LI Other cost reimbursement (specify, e.g., cost-plus-award-fee, cost-plus-incentive-fee):

X Time and materials LI Indefinite delivery (specify whether indefinite quantity, definite quantity, or requirements): ____________

LI Other (specify):

Total estimated dollar value and performance/delivery period

Estimated Value: Base + Options = The independent cost estimate (IGCE) projects an estimated 2-year maximum potential value of $10 million.

• Base Period: 12 Months: December 3, 2018 December 2, 2019;

Options: Plus Two (2) Six Month Option Periods

• Contract Total is: Two (2) Years

4.0 The authority and supporting rational and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service:

The authority relied upon for limiting sources is FAR 8.405-6(a)(1)(i)(A) (“An urgent and compelling need exists, and following the procedures would result in unacceptable delays.”) Notwithstanding the very limited time available for program planning or execution, the FCC conducted extensive technical and price market research for the requirement and conducted two competitions under different GSA task and delivery order contracts: one in the Summer of 2018 under the USA Contact contract, and one in Fall of 2018 under the Connections II contract.

First Competition: IDIO Competition Summer 2018

In the Spring and Summer of 2018, FCC had meetings with GSA on how to use the multiple award indefinite-delivery indefinite-quantity (IDIQ) contract awarded by GSA for Multi-Channel Contact Center Services, known as the USA Contact contract. This vehicle was used successfully by FCC for a DTV call center in 2009 and was regarded as the most suitable vehicle given its orientation and the time available.

FCC issued an RFP to the seven vendors on USA Contact, including TTEC. The solicitation for the requirement was released to contract holders on July 31, 2018, under PR CGAB 180010. Questions were due on August 6,2018. Proposals were due on August 14, 2018. However, based on feedback from industry in the Q&As, the proposal due date was extended to August 16, 2018 at 12:00 PM.

The FCC received questions from only one vendor, TTEC. Questions and Answers were released to the vendors. The FCC received no proposals from USA Contact contract holders. USA Contact was scheduled to close for new orders on September 10, 2018. Holding another order competition under that vehicle was not feasible.

Second Competition: Connections II Fall 2018

Another vehicle, which GSA suggests as a potential candidate for satisfying requirements of this type is Connections II. In Fall 2018, the FCC released another RFP to GSA Connections II vendors.

On September 11, 2018, EAC released RFQ 273FCC18Q0030 for Contract to Assist the Federal

Communications Commission for an Over-The-Air/Rescan Call Center. Questions were due on September 18, 2018 at 12:00PM EST, and proposals were due on October 3,2018 at 12:00PM EST.

It was released to 12 vendors for three weeks. The FCC received neither questions nor proposals from any of the 12 vendors.

In summary, a competitive procurement with USA Contact vendors conducted in August of 2018 yielded no proposals. A second competitive procurement with GSA Connections II vendors conducted in September of 2018 also yielded no proposals. While other contractors can provide similar services to the Commission, there is no remaining time to conduct further competitions (even limited competitions) and meet statutory deadlines in the Acts. There is an urgent and compelling need to onboard and prepare for the provision of these services immediately. In addition, TTEC is well positioned to support the FCC in this requirement based on prior experience and expertise, as described in the next section. Following MAS competition procedures would result in unacceptable delays. The extent and nature of the harm the Government would incur by further delays, and the harm posed by delay to consumers and broadcasters, is described below.

Now that the auction is complete, some broadcast television stations will change their channels, or share a channel with another station, or, in some cases, go off the air. The FCC has worked with broadcasters to plan a post-auction transition that minimizes viewer inconvenience and confusion.

The first phase of the Incentive Auction transition is scheduled for Fall 2018. Sufficient outreach and education for the broadcasters and consumers is critical to ensure the success of the transition and reimbursement programs writ large. The transition phasing is not a dynamic and fluid process.

The dates are fixed. Therefore, there is a very small window to proactively engage the broadcasters and consumers in order to minimize the risk associated with response to new channels. This process must be started immediately. Further delay will diminish participation in educating the consumer, impair the agency’s ability to meet statutory deadlines, and risk project failure.

Channels will transition during the 39-month transition period that started April 13, 2017. Consumers should monitor local TV broadcasts for public service announcements, “crawls” running across the bottom of TV screens, and other notifications to learn the exact date that a channel in the consumer’s area is making its transition. Stations changing frequencies are required to display updated information at least 30 days before their transition. If information for rescanning OTA broadcast television is not available immediately, consumers could be at risk for missing important and potentially life-saving news, weather, and emergency alert information.

Full power and Class A stations that are moving, changing channels or ceasing to broadcast must notify consumers with daily on-air announcements for at least 30 days prior to any change. During that time, stations will continue to operate on their current channels. Low power (LPTV) and TV translator stations, though not required to provide notice, may do so to assist their viewers as those stations transition.

5.0 A determination by the Contracting Officer that the order represents the best value consistent with FAR 8.404(d).

Even if there was time to conduct another competition (and there is not), the competition would not likely result in significant savings that couldn’t otherwise be obtained through negotiations based on pre-negotiated rates, either through IDIQ rates or the GSA Rate Schedules. Rate tables for the seven

USA Contact vendors indicated that all seven vendors were within a confined price range with similar service and capabilities. Call center services are highly commoditized with transparent and scaled pricing.

Per FAR 8.404(d), GSA has already determined the prices of supplies and fixed-price services, and rates for services offered to be fair and reasonable under its Schedule contracts and IDIU rates under contracts such as USA Contact and Connection II . The Contracting Officer (CC) uses TTEC’s USA Contact and schedule as price comparison point, as well as other market information, such as catalogs, to assure pricing is competitive. The CO sought discounts from the vendor’s GSA schedule contract rates and prices to ensure that Government receives the best value. An independent government estimate (IGCE) was prepared and compares favorably to the contractor’s proposed pricing.

TTEC (the only vendor to date that has expressed any interest in the requirement) happens to offer substantial non-price (technical, experience, and past performance) merit:

1) Past Experience: TTEC brings insights from both public and private sector partners in broadcast and telecom to directly inform mission requirements. TTEC and the Federal Government have worked together for many years, including the implementation of various Federal contact center programs, including the 2010 Census, where they performed similar services. TTEC’s experience and expertise can help to provide a solution that is agile, scalable, and capable of handling inbound contacts to the 1-888-CALLFCC line for assistance regarding the post-auction transition and over-the-air rescan issues consumers encounter. TTEC has prior technical and functional knowledge and expertise (from 2009 DTV program) related to interfacing with the 1-888-CALLFCC line.

2) Surge capability: TTEC has effectively responded to rapid ramp-up programs and unexpected! unpredictable spikes in contact volume. Almost half of TTEC clients are companies that may experience periodic outages or service disruptions, and many other clients have websites that drive traffic during outages or other factors. TTEC manages this with its internal Operations Support Center (OSC), which monitors queues and agent availability. When an unplanned surge in volume is identified, OSC ensures that available agents are deployed to meet the call spike.

Through strategies such as moving breaks, lunches, or planned off-phone activities; proactive messaging through the IVR; hold messaging; overtime; and agent communication, TTEC returns high volumes to normal levels, even where the spike is sustained or tied to a specific event.)

3) Cost and Value History: TTEC provides the FCC with a proven industry leader capable of providing cost-effective, scalable, and innovative technologies, services, and people. The FCC gets a contractor with a track record of driving improvements in both quality and mission capability, capable of delivering omnichannel service, rapid response times, and controlled costs.

TTEC’s government team brings 20+ years of Federal experience serving clients across numerous agencies. In TTEC’s commercial practice, they draw on an unrivaled 36 years of experience serving hundreds of leading global organizations. TTEC’s pricing, technical posture, and performance history make it the lowest overall cost alternative, given the attendant circumstances. An order to this firm represents the best value.

6.0 A description of the market research (FAR Part 10) conducted among GSA schedule con tract holders and the results or a statement of the reason market research was not conducted.

As explained above, the FCC conducted several meetings with GSA in Summer 2018 prior to conducting USA Contact competition. It consulted with GSA thereafter. USA Contact offered a full range of contact center services capabilities, including answering telephone and e-mail inquiries, establishing automated responses (TVR) and enhancing web capabilities. Capabilities include:

Answering Telephone and E-mail Inquiry Services Using Information Specialists, Furnishing Automated Responses to Citizen Inquiries, Enhancing Web Capability, and Supplementing Contact Center Capabilities with Additional Services. The FCC rigorously analyzed the capabilities and rate tables offered in that contract as part of the market research efforts and conducted competitions under USA Contact (the best vehicle) and Connections II (an alternative vehicle).

7.0 Any other facts supporting the limited sources justification andlor any other facts supporting the use of other than full and open competition.

The time restraints of the incentive auction do not allow for complete and comprehensive specifications, plans, and statements of work, which may frustrated vendors. TTEC has demonstrated exceptional adaptability, expertise, longevity, past performance and capability (as part of 2009 Call Center for DTV and otherwise) to perform this public-facing requirement expeditiously and tactfully.

8.0 A statement of the actions, if any, the agency will take to remove or overcome any barriers that led to restricted consideration before any subsequent acquisition for supplies and services is made.

While this is a time-critical acquisition resulting from specific statutory requirements of the Spectrum Act and RAY BAUM’S ACT, the requirement is non-recurring. Given the time left for onboarding and short time for complete execution, program priorities and short technical staffing for evaluation panels, and potential transition costs and disruptions, it is unlikely that sufficient procurement administrative lead time exists to compete the periods now structured as two 6-month options. Nevertheless, the contract is structured with those options to preserve the Government’s ability to compete the single outyear should program conditions, experience with the instant contract, and the competitive environment (perhaps the only now registering GSA Schedule SIN 132-20) make that the best course for the Government.

Requiring Office Certification:

I certify at t supporting data, which form the basis of this Limited-Source Justification, are complete and ac na ~imrehre best of my knowj~dge and belief. Date 1 ~ 8 ontracting Officer’s Representative

9.0 Head of Contract Activity (HCA) Concurrence and Approval: I have reviewed this Limited- Sources Justification and find it to be accurate and complete to the best of my knowledge and belief. My

Digitally signed by Sunny Diemert api~~j ~~i~~iupon the ci~ ou=OMD, email=sunny.diemert@fcc.gov, L~ienie rt — Date: 2018.12.1711:19:51 0500 Date____________________ Sunny Diemert Acting Head of Contract Activity and Contracting Officer

10.0 Senior Procurement Executive (SPE) Approval: I have reviewed this Limited-Sources Justification and find it to be accurate and complete based upon the circumstances described herein.

Digitally signed by Dawn DiGiorgio

Dawn DIG I org io~ Date: 2018.12.17 12:34:28 -0500 Date_________________

Dawn DiGiorgio Senior Procurement Executive