PA_Justification_and_Approval-_FCC19C0002_-__Redacted.pdf

Federal Communications Commission FAR Subpart 13.5 Justification and Approval

“Source Selection Information — see FAR 2.101 and 3.104”

1. Identification of the agency and contracting activity.

a. Federal agency and contracting activity: FCCIEAC.

• Kadian Ferguson, Contracting Officer

• 445 12 Street, SW, Washington, DC 20554

• Kadian.Ferguson@fcc.gov

• (202)418-0137

b. FCC Component Requiring Activity. Wireline Competition Bureau

c. Program Office information.

• Myrva Charles

• 445 12th Street SW, Washington, DC 20554

• Myrva.Charles@fcc.gov

• (202)418-1506

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

a. Acquisition purpose and objectives. Pooling Administrator (PA).

b. Project background. Somos, Inc. currently provides the PA services for the FCC under contract no. 273FCC19C0002, which was awarded on October 5, 2018 (the “Interim Contract”). The Interim Contract was procured through a limited competition for the purposes of providing essential continuity of Pooling Administrator (PA) services following expiration of a previous contract with another vendor, while the FCC prepared a final Technical Requirements Document (TRD) implementing the FCC’s decision to consolidate this program with another interrelated program, the North American Numbering Plan Administrator (NANPA). The PA allocates blocks of 1,000 numbers within central office (CO) codes as well as, among other things, serving as Routing Number Administrator (RNA) managing numbers used to route emergency calls. The NANPA administers telephony numbering resources for the U.S. and a number of other North American countries pertaining to, among other things, Numbering Plan Areas (also known as area codes) and CO codes (digits 4, 5 and 6 of a ten-digit geographic telephone number).

After the agency determined to combine the PA and NANPA programs and procurements, it determined through a later regulatory proceeding to further combine the NANPA!PA procurement with the procurement for a new, interrelated program -- the Reassigned Number Database Administrator (RNDA). The RNDA will create and operate a database of previously-used geographic telephone numbers that have been disconnected. The database will enable callers to verify whether a telephone number has potentially been reassigned before calling that number. Development of the TRD for the RNDA is underway by a federal advisory committee known as the North American Numbering Council (NANC). The assistance, cooperation, and contribution of outside experts through the NANC, especially in the technical aspects of the numbering systems that impact industry profoundly, is critical. Completion of this RNDA TRD and related specifications is necessary for the intended procurement to address all three programs on a combined basis. The FCC is currently developing the request for proposal (RFP) for a fully competitive procurement for the new award of a long-term contract for the NANPA/PA and RNDA. The FCC has already issued a request for information (RFI) on the intended procurement and received responses from interested parties to aid it in RFP development. An award of the NANPAIPAJRNDA contract cannot be made prior to the Interim Contract end date of October 31, 2019. Therefore, it is necessary for the Interim Contract to be extended for an additional period of time, up to one (1) additional year, to assure continuity of PA services until the expected award of the new long-term contract that will address all three interrelated programs.

3. Description of the supplies or services required to meet the agency’s needs (including the estimated value).

a. Project title. Pooling Administrator

b. Project description. The PA is responsible for the administering thousands-block number pooling for the United States by assigning, managing, forecasting, reporting and processing data that will allow service providers in rate areas designated for pooling to receive telephone numbers in blocks of 1,000. The PA maintains the pooling administration system that houses pooling-related data and allows real time access for multiple users. In addition, the PA maintains the web interface of the pooling administration system to facilitate access and data input capabilities, allow for generation of reports, and interface with all designated parties. Further, the PA functions as the RNA, responsible for administration of pseudo Automatic Number Identification (p-ANI) codes used for routing emergency calls.

• Requirement type.

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

• Type of action.

U New requirement X FolLow-on U Other (specify):

• Proposed contractlorder 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):

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

Li Other (specify):

c. Acquisition identification number.

4. Identification of the statutory authority permitting sole source acquisition.

L This acquisition is conducted under the authority of 41 United States Code (U.S.C.) 3304.

X This acquisition is conducted under the authority of 41 U.S.C. 1901 and employs an urgency rationale comparable to that available under 41.U.S.C. 3304(a)(2)

(FAR 6.302-2).

Li This acquisition is conducted under the authority of the Services Acquisition Reform Act of 2003 (41 U.S.C. 1903).

5. Demonstration that the proposed contractor(s) unique qualifications or the nature of the acquisition requires use of the authority cited.

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

Somos, Inc., 197 Route 1$ South, Suite 3000, East Brunswick, NJ 08816.

b. Nature of the acquisition and proposed unique qualifications of the contractor(s).

The PA functions are vital to the operation of the voice telecommunications networks and system in the U.S. and most of North America. They must be provided reliably without interruption. The FCC must extend the Interim Contract promptly, rather than conduct a competitive procurement for it, to assure that the PA services continue without interruption while the FCC proceeds to pursue through full and open competition a long-term contract for these services. The FCC’s NANC is developing and finalizing the technical requirements and an RFP for a full and open competition for a new long-term contract for the NANPA, PA and RNDA services, which will replace services provided by this short-term extension of PA services.

WCB2000002

The FCC’s efforts to achieve program and contractual synergies, relating to its adoption of rules establishing a reassigned numbers database to reduce the number of unwanted phone calls that Americans receive (i.e., the RNDA), has required the FCC to take additional steps and, thus, take more time, in the development of the RFP that consolidates these underlying technical requirements.

• In a July 9, 2018 FCC Order (FCC 18-88), the FCC determined that the PA and NANPA contracts should be consolidated into a single contract to bring about more cost-efficient and effective operations. The FCC therefore directed the NANC to develop and submit a TRD for the combined functions by September 24, 2018, which the NANC did on said date. This process overlapped with the procurement and awarding of the Interim Contract.

• While in the process of reviewing the NANC work product and ascertaining any need for refinements to be made by the FCC in preparation for its use in the planned combined NANPA/PA RFP, the FCC on December 13, 2018 took action in another regulatory proceeding establishing a new program, the RNDA. Similar to its July 9, 2018 order, the FCC directed the NANC to develop a TRD relating to the RNDA.

The FCC additionally directed the NANC to provide it with recommendations on the mechanisms for the RNDA fee structure and pricing for the users of the database, and for a funding mechanism that will require modifications to the numbering administration Billing & Collection Agent’s separate responsibilities and the existing contract for its services.

• In the December 13, 2018 order, the FCC also recognized further opportunities for operational and cost efficiencies, stating that it would seek to have a single contract for the PA, NANPA and RNDA functions. To achieve such efficiencies, however, the FCC cannot issue the RFP for the combined contract until it has the NANC’s TRD and other recommendations regarding the RNDA. The FCC required the NANC’s work on the RNDA to be delivered by June 13, 2019, and the working group within the NANC that was assigned these tasks promptly began organizing and initiating the undertaking.

• The partial shutdown of the federal government, which closed the FCC from January 3 to January 28, 2019, required the NANC to cease its collaborative efforts during that period, pursuant to the requirements of the Federal Advisory Committee Act and related rules. Following the shutdown, the NANC working group began drafting and editing the combined TRD.

• Due to the required cessation of activity and because of the already short timeline provided for its tasks, the NANC working group on April 30, 2019 requested an extension of the deadline for it to complete the TRD and its other RNDA-related tasks. On June 12, 2019, the FCC granted it an extension to September 13, 2019 and required the NANC to submit a progress report to the FCC, which the NANC submitted on July 11, 2019. The NANC reported that the working group had been intensively working on the TRD, with significant additional work anticipated that potentially may require an additional extension of time.

• On August 14, 2019 the NANC requested additional time, until April 13, 2020, to complete the TRD and related RNDA work supporting the procurement. On September 12, 2019, the Commission granted an extension of time until January 13, 2020 for the IRD and until February 13, 2020 for the NANC’s recommendations associated with the fee structure and pricing for users of the database.

• Accordingly, the FCC expects to receive the TRD for this novel RNDA program in mid-January 2020. Once the RNDA TRD is received by the FCC, it will then be placed on notice for review and comment by the public for at least two weeks.

Following the public review and comment period, the FCC will again review the TRD, as well as any comments submitted by interested parties, before using it, and the NANC’s other RNDA deliverables, in issuing an RFP to solicit bids for the new NANPAJPA and RNDA contract.

Given the present state of development of these combined requirements and solicitation, and regardless of any amount of additional time that may be granted by the FCC to complete it, an award of the combined contract cannot be made prior to the Interim Contract end date of October 31, 2019.

It would be difficult if not impossible in the time remaining before the October 31, 2019 expiration of the Interim Contract to conduct any manner of competitive procurement for a PA vendor for the extension period, as well as complete the necessary transition to a potentially new vendor. Moreover, given the relatively short duration of the extension period, transitioning to another potential vendor for this extension period would incur expense of that new vendor developing its own systems to provide such service, and create the risk inherent in transition of these vital services between vendors. Both the development cost and transition risk would be avoided by extending the Interim Contract to use the current vendor for this limited extension period. Somos, Inc., as the current provider of the PA services, is uniquely situated to provide the necessary services without interruption, especially since the Interim Contract on which such services will be provided was awarded through a limited competition less than a year ago.

An interruption in PA services cannot be tolerated and the services are urgently needed. As detailed here, the procurement of the long-term contract for the NANPA/PA is taking more time than expected due to a combination of factors, including, most prominently, the addition of the new RNDA program to the procurement, as well as a more lengthy RNDA TRD development period than was anticipated, necessary coordination with key non-federal government stakeholders, and the partial government shutdown. None of these factors individually would have sharply influenced procurement lead times, but together they led to the procurement being delayed beyond the duration of the Interim Contract for reasons not within the control of the program or contracting offices. The delays were, however, necessary to develop technically workable numbering requirements and to achieve long-term program and contracting efficiencies. The instant extension of the Interim Contract is the most efficient and expedient approach to further those goals.

6. Description of the efforts made to ensure that offers are solicited from as many potential sources as practicable. Indicate whether a FedBizOpps notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies. A FedBizOpps notice for the new solicitation will be published as required by FAR Subpart 5.2.

7. Determination by the Contracting Officer that the anticipated cost/price to the Government will be fair and reasonable. The price for the monthly services during the extension period will be compared to the existing Interim Contract, the Independent Government Cost Estimate for the Interim Contract, as well as historical contract pricing to determine that the price of the resulting extension is fair and reasonable. The anticipated cost to the FCC is not expected to be substantially more than the Interim Contract pricing.

8. Description of the market research conducted (see FAR Part 10) and the results, or a statement of the reasons market research was not conducted. Additional market research is not being conducted to support this extension of the Interim Contract. The Interim Contract was awarded last year through a limited competition, and there is no basis for the FCC to believe that market conditions have materially changed for the services rendered in the PA program.

9. Any other facts supporting the use of the sole source procedure.

10. Listing of sources, if any, that expressed, in writing, an interest in the acquisition. Telcordia Technologies, Inc. d/b/a iconectiv and Somos both submitted bids for the Interim Contract.

Under the current contract, Somos has developed and presentLy operates the systems supporting provision of PA services.

11. Statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the required supplies or services. The FCC is currently developing the intended procurement of a consolidated contract for the PA, NANPA and RNDA services. This extension provides the time needed to conduct that procurement in a fully competitive manner and to make that award.