52039 - Justification for an Exception to Fair Opportunity FAR Part 16 PEO STRI Wireless Services- A_Redacted.pdf

CUI//SP-SSEL

Control Number:

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

SEP 2021

Justification for an Exception to Fair Opportunity Under FAR 16.505(b)(2)

1. Contracting Activity: Army Contracting Command – Orlando, FL

2. Description of Action: The Program Executive Office Simulation Training requests approval to award a Firm Fixed Price contract for cellular equipment and services.

3. Description of Supplies/Services: The proposed acquisition is to acquire cellular equipment and services on behalf of Program Executive Office Simulation Training Instrumentation (PEO STRI) and other local Department of Defense (DoD) organizations serviced by PEO STRI Chief Information Office (CIO). It is intended to acquire twelve (12) months of cellular equipment/services for the period of performance of 1 May 2024 to 30 April 2025 by AT&T at an estimated value of

Cellular Phones must have 4G/5G coverage in and around Orlando, FL

Other travel destinations are to include but not limited to: Orlando FL, Ft. Irwin CA, Ft.

Carson CO, Ft. Stewart GA, Ft. Riley KS, Ft. Campbell KY, Ft. Polk LA, Ft. Bragg NC, Ft. Hood TX, Ft. Bliss TX, Pentagon VA, Ft. Eustis VA and Ft Lewis WA.

Zip Codes 55230, 78453, 79568, & 44662.

Coverage will be verified by third party website, but it is suggested that vendors provide proof of coverage by supplying a Link/URL to their own 4G/5G coverage maps.

Global voice roaming and global data available in each of the identified international travel locations listed.

Germany, South Korea, Netherlands, Afghanistan, France, UAE, Kuwait for OCONUS Usage/Charges.

Vendor should also provide a complete international roaming list with all countries listed, with all voice roaming rates, with minimum data speeds expected.

Vendor should be able to provide the ability to activate/suspend international plans when users are not OCONUS, along with the ability to move international plans to similar type line plans as the mission dictates.

The Vendor shall provide a detailed suspension policy.

The Vendor shall provide a detailed Porting/Transition Plan which outlines the steps and requirements to achieve a successful cellular transition of the required services.

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

SEP 2021

4. Authority Cited: 10 United States Code 3406(c)(5) as implemented in Federal Acquisition Regulation 16.505(b)(2)(G).

5. Reason for Authority Cited: The statutory authority which permits not providing each awardee a fair opportunity to be considered for each order exceeding the micro-purchase issued under a multiple award contract is 10 U.S.C. 3406(c)(5), as implemented by FAR 16.505(b)(2)(G). Based on authority under FAR 16.505(b)(2)(G), FAR 6.302-1(a)(1)(2)(iii)(B) provides that an exception to the fair opportunity requirement if the order must be issued on a sole-source basis from the original source in the case of follow-on contract for the continued provision of highly specialized services when it is likely that award to any other source would result in unacceptable delays.

6. Efforts to Obtain Competition: For cellular equipment/services for periods of performance starting in May 2024, the Government anticipated competitively awarding our cellular equipment/services by leveraging the Wireless Spiral 4 Master IDIQ (Spiral

4) that was anticipated to be awarded in February 2024. Spiral 4 has not yet been awarded. At this point, the Navy Support Fleet Center (NAVSUP) Contract Officer responsible for awarding the Wireless Spiral 4 Master IDIQ has advised all personnel to award a twelve (12) month contract off the existing Spiral 3 Master IDIQ prior to the ordering period closing 7 May 2024.

To meet this suspense, PEO STRI plans to:

(1) Reduce the current contract period of performance on the existing effort to cover cellular equipment/services through 30 April 2023 by descoping cellular equipment/services from 1 May – 19 June 2024, and

(2) Award twelve (12) months of cellular equipment/services effective as of 01 May 2024.

A follow-on order is required to continue twelve (12) months of existing cellular equipment/services with AT&T Mobility Nation Accounts, LLC (AT&T) to continue existing cellular equipment/services without disruption of services. These services are critical to communications among PEO STRI and other local DoD personnel, especially with the existing hybrid telework environment. Award to any other source would result in duplication of costs and, most likely, in unacceptable delays in fulfilling the Government’s requirements, due to the need to acquire equipment compatible with a new vendor and establish accounts with that vendor.

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

SEP 2021

a. Effective competition. Pursuing a contract with a different vendor would create an uneconomical and inefficient course of action, as the previously purchased 600 AT&T phones have useful life and are locked and unusable with any vendor other than AT&T. To meet our current requirements with a vendor other than AT&T, the Government would be required to purchase an additional 600 phones compatible with the new vendor. Those devices would be used for a twelve (12) month period of performance. Since new devices have a useful life of at least twenty-four (24) months, acquiring new devices from a new vendor for a limited 12-month contract is not economical. Such an approach will result in either wasting useful life of the phones from a new vendor for the sake of obtaining competition or locking the Government into a twenty-four (24) month refresh cycle. Given these facts, changing vendors at this point is both inefficient and a waste of the taxpayers’ funds.

A follow-on order is required to continue twelve (12) months of existing cellular equipment/services with AT&T to continue existing cellular equipment/services without disruption of services. These services are critical to communications among PEO STRI and other local DoD personnel, especially with the existing hybrid telework environment.

Award to any other source would likely result in unacceptable delays in fulfilling the Government’s requirements.

PEO STRI continues to have a requirement for cellular equipment and services, and it would be beneficial to the Government for the existing contractor to continue to support this work currently. Upon successful award of the Spiral 4 Master IDIQ, PEO STRI will competitively award future cellular equipment/service requirements.

b. Subcontracting competition. N/A

7. Actions to Increase Competition: The U.S. Navy is in the process of competing and awarding Spiral 4 cellular contracts. Pending successful award of Spiral 4, the U.S.

Navy’s Spiral 3 contracts are mandatory for cellular phone, wireless devices, and wireless service purchases. AFARS, Appendix EE, ¶ 9-5.