54 GS05T09BMD0014 ATT R5 RTAS.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

Contract GS05T09BMD0014

Region 5 RTAS

Applicable FAR Reference: 6.302-1 Only one responsible source and no other supplies or services will satisfy agency requirements.

1. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

This justification supports the extension of General Services Administration (GSA)’s Region 5

RTAS telecommunications contract with SBC Global Services (AT&T), GS05T09BMD0014.

Four of the user agencies with active services on this contract requiring this extension beyond the current end date in order to complete transition to their newly awarded contracts are:

-Department of Homeland Security (DHS), specifically the following components: Customs and Border Protection (CBP), National Law Enforcement Coordination Center (NLECC), Immigration and Customs Enforcement (ICE), Office of the Inspector General (OIG), Transportation Security Agency (TSA), Federal Air Marshal’s Service (FAMS), U.S. Coast

Guard (USCG), U.S. Citizenship and Immigration Service (USCIS), Office of the Under

Secretary for Management (USM), Office of Intelligence & Analysis (I&A), and Office of

Biometrics Management (OBIM)

-Department of Commerce (DOC), specifically National Oceanic and Atmospheric

Administration (NOAA), -Department of Justice (DOJ), specifically Federal Bureau of Investigation (FBI), and

-Department of Transportation (DOT), specifically Federal Aviation Administration (FAA)

The respective mission of each agency is noted below:

DHS is responsible for securing the nation's air, land, and sea borders to prevent illegal activity while facilitating lawful travel. The Department relies upon civilian network and internetwork service providers for vital communications services to support and carry out this mission. This mission is accomplished by many different operational and support components to achieve six overarching homeland security missions that make up DHS’s strategic plan which include:

Countering Terrorism and Homeland Security Threats; Securing U.S. Borders and Approaches;

Securing Cyberspace and Critical Infrastructure; Preserving and Upholding the Nation's

Prosperity and Economic Security; Strengthening Preparedness and Resilience; and

Championing the DHS Workforce and Strengthening the Department.

DOC’s mission is to create the conditions for economic growth and opportunity for all communities. Through its 13 bureaus, the Department works to drive U.S. economic competitiveness, strengthen domestic industry, and spur the growth of quality jobs in all communities across the country. The Department serves as the voice of business in the Federal

Government, and at the same time, the Department touches and serves every American every

DocuSign Envelope ID: A2445E3D-0C1F-4254-9994-07F285D3AFD2 day. NOAA’s mission is to understand and predict changes in climate, weather, ocean, and coasts, to share that knowledge and information with others, and to conserve and manage coastal and marine ecosystems and resources. NOAA advances R&D of the commercial space industry and climate science. Of the thirteen DOC Bureaus, NOAA makes up 65% of DOC.

DOJ’s mission is to uphold the rule of law, to keep our country safe, and to protect civil rights.

Under the umbrella of DOJ’s mission the FBI is the premier law enforcement agency with a mission to uphold the constitution and protect the American people.The FBI protects against terrorist attacks, foreign intelligence, espionage, and cyber operations.

DOT’s mission is to deliver the world’s leading transportation system, serving the American people and economy through the safe, efficient, sustainable, and equitable movement of people and goods. Under the umbrella of DOT’s mission, FAA’s primary aim is to ensure the safety of air passengers, both military personnel and civilians. It promises to ensure that airway passengers reach their destination safely. The mission statement also highlights the efficacy of the aerospace system and makes it the best in the world.

The contracting activity is the General Services Administration (GSA) Federal Acquisition

Service (FAS) Information Technology Category (ITC), Office of Acquisition Operations, Interagency Contracts, 1800 F Street NW Washington, DC 20405. This document serves as a justification for other than full and open competition in accordance with FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements”; justified and approved in accordance with FAR 6.303 and 6.304.

2. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The action being approved is to extend the GS05T09BMD0014 contract and any active Task or

Service Orders with AT&T for 18 months, from its current expiration date of November 30, 2024 through May 31, 2026. This extension is necessary so that the agencies served by this contract will be able to conclude their transition to their competitively awarded Enterprise Infrastructure

Solutions (EIS) task orders (see Table 2, in Section 6). Additionally, this extension will align this contract’s expiration date with the expiration dates of GSA’s other legacy telecommunications contracts ending on May 31, 2026.

3. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE

AGENCY’S NEEDS (including the estimated value)

The extension of the RTAS contract, GS05T09BMD0014, is required to provide services for the agencies in the charts below that receive telecommunications services provided by AT&T.

Specifically, this is for the sole purpose of providing additional time for these agencies to complete their transition to their previously awarded task orders under the EIS contract. The contract extension is not intended to be used for the order of new services.

Contract Ceiling: $70,400,000.00 shared ceiling (no ceiling increase required)

Expenditure to Date: $47,229,177.39

Monthly Cost: $274,000.00

Duration: 18 months

Total Value of Extension: $4,932,000.00

LSA Region 5, RTAS Contract: GS05T09BMD0014

Contractor: AT&T

Requiring Agency

Active Service

Instance Records

(SIRs) for Agency

Agency's Anticipated Date for

100% Disconnected

DHS

10,276 05/31/2026

DOC/NOAA 3,431 05/31/2026

DOJ/FBI 3,076 05/31/2026

DOT/FAA 8,798 05/31/2026

Table 1: Service Transition Dates

4. IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL

AND OPEN COMPETITION

The statutory exception to full and open competition is issued under 41 U.S.C. 3304(a)(1) as implemented by FAR 6.302-1, “Only one responsible source and no other supplies or services will satisfy agency requirements”.

5. DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF

AUTHORITY CITED

5.a. AT&T is the only contractor that can provide these services to these specific agencies for this particular timeframe. AT&T is currently the incumbent contractor for each of the agencies listed above and is providing the listed services. Agencies have awarded their Enterprise

Infrastructure Solutions (EIS) task orders in accordance with FAR Part 16.505 and are well into their transition off of this AT&T contract and onto their EIS task orders. This extension is necessary to provide enough time for the physical transition of services to the EIS task orders.

Other contractors provide the same type of service, however, it is not possible to transition the services to any other contractor faster than to the EIS contractor. Competing and awarding an additional contract or task order would create a transition inside of the transition to EIS and would seriously stall agencies’ progress in fully transitioning from this contract to EIS. As such, AT&T is the only contractor source who can continue to serve as the incumbent provider to these agencies while the agencies complete the process of transitioning to their new contracts.

5.b. Specific Demonstration

5.b.1 EIS Task Order Awards

As noted in Section 1, user agencies DHS, DOC, DOJ, and DOT require an extension of this contract. DHS, DOC, DOJ, and DOT have already awarded EIS task orders using competitive procedures. All four of these user agencies are transitioning from services provided on this contract to their competitively awarded EIS task orders.

Department of Homeland Security (DHS) specifically the following components:

Customs and Border Protection (CBP) & National Law Enforcement Coordination Center

(NLECC)

- CBP Task Order 1 #70B04C22F00000130 (CBP TO1) was competed and awarded to Lumen on EIS Contract GS00Q17NSD3006 for Primary Internet Protocol Service (IPS) and other network-related services on April 18, 2022.

- CBP Task Order 2 #70B04C22F00000131 (CBP TO2) was competed and awarded to Core

Technologies on EIS Contract GS00Q17NSD3003 for Secondary IPS and other network-related services awarded on May 30, 2022.

- CBP Task Order 3 #70B04C22F00000132 (CBP TO3) was competed and awarded to AT&T on EIS Contract GS00Q17NSD3000 for Virtual Private Network Service (VPNS) and other network-related services including voice and conferencing services on April 18, 2022.

Office of the Under Secretary for Management (USM), Office of Intelligence & Analysis

(I&A), and Office of Biometrics Management (OBIM)

- USM Task Order 1 #70RTAC21FR00000015 (USM TO 1) was competed and awarded to

AT&T on EIS Contract GS00Q17NSD3000 for HQ Core Data TO for Data Services on January

1, 2021.

- USM Task Order 2 #70RTAC22FR0000115 (USM TO 2) was competed and awarded to Core

Technologies on EIS Contract GS00Q17NSD3003 for Toll-Free Services on September 22, 2022.

Immigration and Customs Enforcement (ICE)

- ICE Task Order 1 #70CTD021FR0000018 (ICE TO1) was competed and awarded to AT&T on

EIS Contract GS00Q17NSD3000 for DHS HQ Core Data on January 6, 2021.

- ICE Task Order 2 #70CTD022FR0000092 (ICE TO2) was competed and awarded to Granite

Telecom on EIS Contract GS00Q17NSD3004 for DHS ICE Traditional Voice Requirements on

August 1, 2022.

Transportation Security Agency (TSA) & Federal Air Marshall’s Service (FAMS)

- TSA Task Order #70T03022F7667N027 (TSA TO) was competed and awarded to AT&T on

EIS Contract GS00Q17NSD3000 on August 1, 2022.

U.S. Coast Guard (USCG)

- USCG Task Order #HC101321F0196 (USCG TO) was competed and awarded to AT&T on

EIS Contract GS00Q17NSD3000 on August 26, 2021.

U.S. Citizenship and Immigration Service (USCIS)

- USCIS Task Order #70SBUR22F00000084 was competed and awarded to AT&T on EIS

Contract GS00Q17NSD3000 for USCIS Data and Voice Services on June 1, 2022.

Department of Commerce (DOC)

National Oceanic and Atmospheric Administration (NOAA)

- NOAA Task Order #1305M420FNAAJ0111 (NOAA TO) was competed and awarded to AT&T on EIS Contract GS00Q17NSD3000 to provide for NOAA’s entire requirement on September

29, 2020.

Department of Justice (DOJ)

Federal Bureau of Investigation (FBI)

- FBI Task Order 1 #15F06722F0000818 (FBI TO 1) was competed and awarded to Verizon on

EIS contract GS00Q17NSD3009 on May 20, 2022.

- FBI Task Order 2 #15F06722F0001994 (FBI TO 2) was competed and awarded to Verizon on

EIS contract GS00Q17NSD30090 September 27, 2022.

Department of Transportation (DOT)

Federal Aviation Administration (FAA)

- FAA Task Order TO# 693KA8-21-F-00083 (FAA TO) was competed and awarded to AT&T on

EIS Contract GS00Q17NSD3000 on February 12, 2021

5.b.2 Impact of not extending, and forcing user agencies to recompete the services currently provided on the subject contract

The extension of this contract is to support active Service Instance Records (SIRs) for user agencies so that there is not a break in service as they transition to their new EIS task orders.

Telecommunications service providers use SIRs to keep track of the services they are providing to their customers, to manage billing and invoicing, and to troubleshoot any issues that may arise with the service. A SIR typically includes information such as the customer's account number, the type of service (i.e, analog line, Primary Rate Interface, Centrex line) that has been provisioned, the date and time the service was activated, and any other relevant details that may be needed to manage the service instance.

For example, in the case of a phone service, the SIR might include information about the customer's phone number, the type of plan they are on, and any usage limits or restrictions that apply to their account. SIRs are often integrated with other systems and databases, such as billing systems and network management systems, to provide a comprehensive view of the customer's service experience.

As part of each agency’s transition process, each SIR must first be assessed for implementation of the new service. Most SIRs will then need on-site evaluation of the facilities, wiring, interfaces and configurations to determine the required changes. Where equipment is aging or incompatible, replacement devices need to be ordered (with delayed delivery times due to chip-shortages), installed, and reconfigured.

There are currently over 520,000 active SIRs remaining on all legacy contracts supporting DHS missions, including 10,276 SIRs on GS05T09BMD0014. DOC currently has over 96,000 active

SIRs remaining on all legacy contracts supporting DOC missions, including 3,431 SIRs on

GS05T09BMD0014. DOJ currently has over 180,000 active SIRs remaining on all legacy contracts supporting DOJ missions, including 3,076 SIRs on GS05T09BMD0014. DOT currently has over 228,000 active SIRs remaining on all legacy contracts supporting DOT missions, including 8,798 SIRs on GS05T09BMD0014.

The 10,276 active SIRs provided on this contract support telecommunications for the following

DHS components and their ability to successfully perform their duties without disruption to their missions:

● CBP protects the American people, safeguards our borders, and enhances the nation's economic prosperity. Mission priorities include: countering terrorism,combating transnational crime, securing the border, facilitating lawful trade and protecting revenue, and facilitating lawful travel.

● ICE's primary mission is to protect national security, public safety and the integrity of the U.S. borders through the criminal and civil enforcement of federal laws governing border control, customs, trade and immigration.

● TSA & FAMS protect the nation's transportation systems to ensure freedom of movement for people and commerce.

● USCG is the Nation's premiere maritime first responder, minimizing loss of life and property by searching for and rescuing persons in distress.

● USCIS upholds America’s promise as a nation of welcome and possibility with fairness, integrity, and respect for all we serve.

● USM is responsible for Department-wide administrative support services and oversight for all support functions, including: IT, budget and financial management, procurement and acquisition, human capital, security, and administrative services.

● I&A’s mission is to equip the Homeland Security Enterprise with the timely intelligence and information it needs to keep the homeland safe, secure, and resilient.

● OBIM provides biometric match, store, share, and analyze services to DHS and mission partners.

The 3,431 active DOC, NOAA SIRs provided by this contract, support the Central Region.

These telecommunication SIRs are necessary to support the many critical observation and dissemination platforms by interconnecting the National Weather Service (NWS) missions for the collection and dissemination of information which provides critical decision making capabilities for meteorologists. These networks provide weather, water and climate data, forecasts, warnings, and enable impact-based decision support services (IDSS) regionally (local and state) and nationally (FEMA, USCG, etc) for the protection of life and property and enhancement of the national economy. They also provide national and global weather, water, climate and space weather guidance, forecasts, warnings and analyses to its partners and external NCEP user communities. AWIPS also resides on these networks which is a complex network of systems that ingests and integrates meteorological, hydrological, satellite, and radar data, and also processes and distributes the data to 135 Weather Forecast Offices (WFOs) and

River Forecast Centers (RFCs) nationwide. If telecommunications are not available in the geographic locations that this network covers it would limit the effectiveness of the NWS to provide watches and warnings, limit the ability to provide updated model guidance to the internal meteorologists,external partners, and service providers. This will hinder the effectiveness of providing critical impact-based decision support to local, state and national entities, and reduce notification times before a weather event, thereby putting life and property at a high risk.

The 3,076 active SIRs for the DOJ, FBI provide critical FBI connectivity and communications that contribute to and support active investigations, collections related to Foreign Intelligence

Surveillance Act (FISA) warrants and evidence gathering, and real-time information sharing and tactical communications for national security or investigative events. Specifically, this contract supports the Operational Technology Division (OTD) Digital Collections Systems Network

(DCSNET). A disconnect of these services before replacement services via the FBI’s awarded

EIS TO 1 Contract have been enabled will result in direct impact to the FBI mission and potentially loss of evidence. If the services were cut off prior to moving to EIS, several offices including a West Coast hub (San Jose) would lose voice communications, and several criminal and FISA Collections Systems would stop collecting evidence, impacting most active investigations. These services all contribute to FBI day-to-day operations and must be maintained. Moreover, the services are critical to active investigations, tactical operations, national security, and live events, and FISA collections are impacted through these services.

The 8,798 active SIRs for the DOT, FAA provided by this contract, provides POTS and PRI services to FAA sites located in the state of Virginia. Termination of these services will result in these sites not having the ability to communicate outside of the facility. Without these services, the FAA facilities will be without phone services which will result in safety, health and security risks. Additionally, loss of services could result in having to shut down an FAA Facility, or in a worst case scenario an Air Traffic Facility having to be shut down because it cannot perform its duty in protecting the air space. Shutting down an Air Traffic Facility would result in a major rerouting of planes, the potential for tremendous flight cancellations, shifting responsibilities for directing air traffic to other facilities, and could potentially have great financial impact.

DHS, DOC, DOJ, and DOT have all prepared task order solicitations that defined their requirements and then released those solicitations for fair opportunity in accordance with FAR

16.505. Proposals from EIS vendors were received and evaluated on the basis of cost and technical merit resulting in the award of new EIS task orders to transition all active SIRs off of the current contract. They are in the midst of transitioning to EIS. Additional time is required to complete these massive transition efforts. The fastest, most efficient, and only feasible way to successfully transition to the competitively awarded EIS task orders is for the user agencies to be able to focus on the current transition and GSA extending this contract to allow transition completion. If GSA does not extend, and requires the user agencies to reprocure these services on a different contract, the only option the agencies would have is to award sole source contracts to the incumbent contractors because transitioning to another contractor is virtually impossible at this stage. This action would result in a transition within the original transition and would be a tremendous distraction from accomplishing the government's goal while wasting time, resources, and tax-payer money. User agencies estimate that if GSA does not extend, reprocurement efforts (including creation of solicitation packages, through award and potential protest resolution) for their whole agency would add an additional 12 to 36 months to their current estimated date for completing transition (May 31, 2026).

To maintain these services, agencies would be required to engage immediately with the incumbent contractors currently providing these services to begin negotiating terms. Agencies would need to craft and obtain approval of justifications for other than full and open competition and begin sole source negotiations, including multiple acquisition packages, solicitations, negotiation of terms, and awards. The newly awarded interim solution contracts might allow for an administrative or back-office transition, which is a transition where the current provider is transitioning the same services from one contract to another to change contract and account numbers. While the administrative transition provided by the interim contract solution could afford agencies further runway to transition legacy services to the originally awarded EIS task orders, it would also represent a complete duplication of the transition effort. The agencies would be conducting a transition inside a transition, performing extensive administrative transition efforts, while conducting the larger transition to the already awarded EIS Task Orders.

Additionally, transitioning to an interim solution would not reduce the timeline to EIS, and in fact, would likely delay the transition of agencies to their competitively awarded EIS task orders.

Based on the factors above, having agencies award interim solution contracts to maintain services is duplicative, administratively burdensome, and cost prohibitive. As both Government and EIS Contractor resources are pulled away to support the interim solutions contract administrative transition, the main EIS transition will become secondary, and progress will stall, further increasing risk on the agency’s services and primary transition activities. This would be a tremendously inefficient and wasteful exercise.

5.b.3 User Agency Justification Factors

This additional time is needed for many different reasons. Each agency identified different justification factors that contributed to delays in transition from GS05T09BMD0014.

DHS

DHS cited COVID-19 pandemic delays, supply chain disruptions, complexities related to modernizing services, delays related to protest(s) and delayed award of EIS task orders as contributing factors to delays in transition from contract GS05T09BMD0014. Additionally, over a year and a half was spent collecting EIS requirements across DHS in an effort to implement a department-wide solicitation. After months of additional discussion, this strategy was modified so that components were to conduct individual EIS Solicitations. In late March 2020, the DHS components began developing their own EIS Strategy.

The COVID-19 pandemic presented barriers to transition for DHS that could not have been planned for or avoided. The effects of the pandemic continue to cause disruptions to the supply chain and were a major factor for several DHS components. Prior to COVID-19, telecommunication and network services could be provisioned by contractors faster than post-

COVID orders. For instance, a 50 MB Internet Protocol Solution (IPS) in the Continental U.S.

(CONUS) could be delivered in as little as 39 calendar days or as long as 550 days. The average was approximately 169 calendar days. The global chip shortage resulted in delays in the delivery of Cisco 8000 series routers taking up to 12 months in some instances. Service-

Related Equipment (SRE) or Service Enabled Devices (SED) impacted by chip, chassis, or other equipment delays entail 6–12 months of additional time. Delivery of a complete 50 MB solution is now taking 319 calendar days, on average. Additionally, after the award of EIS task orders, site surveys were required. However, workforce shortages due to COVID-19 significantly impacted the Local Exchange Carrier (LEC) support provided to the agency. As a result, there were delays in scheduling site surveys, actual circuit installations, and coordination amongst government local points of contact who were no longer physically located at the sites in some cases. This required the agency and EIS contractor to adjust in scheduling access, escort, deliveries, site surveys and inside wiring/construction, as necessary.

Transforming to a modernized service while transitioning presents an additional set of challenges for the agencies and for the EIS contractors. This means that the agency is not simply reprocuring the services they previously purchased. Instead the service is converted during the transition, such as to replace a legacy service with a newer technology, improved functionality, or expanded reach. Technical complexities due to modernizing include the transitioning of traditional broadband services into a modernized solution.

An example of complexities related to modernizing: In one instance a DHS component is modernizing and transforming via the EIS transition. The DHS component is faced with modernizing their headquarters phone system and field circuit technology type. Additionally, a difficult-to-upgrade tie line is modernizing to a point-to-point telecommunications circuit. The EIS contractor and the DHS component originally planned to transition the current headquarters phone system, circuits, and tie lines as-is; however, DHS later discovered the Local Exchange

Carrier (LEC) would no longer support the circuit technology in use. At the DHS component headquarters, the contractor offered an alternative solution dependent upon access arrangements which the LEC declined to deliver. The DHS component and contractor are now moving forward with an alternative solution, while requiring multiple stakeholder reviews. This significantly lengthened the overall delivery timeline.

There were several protests that affected the award of key EIS task orders in the transition of service from this contract. The USCG TO was protested resulting in a delayed start of the transition for over 230 days. There were two primary protests and five supplemental protests of the TSA TO resulting in a four-month delay. And finally the post-award protests of USM TO 1 resulted in a 212 day delay that affected USM, CISA, ICE, OBIM and FPS.

Due to the COVID-19 pandemic delays, supply chain disruptions, complexities related to modernizing services, delays related to protest(s) and delayed award of EIS task orders, DHS requires additional time to minimize impacts to operations for the transition of services. For these reasons, current services from AT&T must be retained longer to avoid interruption of

DHS’ mission execution.

DOC, NOAA

DOC, NOAA cited COVID-19 and complexities related to modernizing services as the primary justification factors contributing to delays in transition from contract GS05T09BMD0014. It also received a protest. NOAA TO #1 was competed and awarded in support of NOAA’s entire requirement on September 29, 2020 to AT&T on EIS Contract GS00Q17NSD3000. NOAA received a pre-award protest and took corrective action. However, the protest resulted in a six-month delay. Once NOAA was able to award NOAA TO #1 and begin working with the contractor to establish detailed transition plans, the ongoing COVID-19 pandemic limited interactions.

For many months no non-essential changes were made to the infrastructure and both NOAA and the industry experienced workforce shortages across several areas due to widespread illness and reoccurring restrictions. This resulted in delays to site surveys, circuit installations and coordination with local points of contact. As mentioned above, transforming to a modernized service while transitioning presents an additional set of challenges for the agencies and for the EIS contractors. The need to modernize is most evident in the discontinuation of

Time Division Multiplex (TDM). TDM is a method of putting multiple data streams in a single signal by separating the signal into many segments, each having a very short duration. TDM services are based on copper wire and circuit switching; this is a legacy service that is being retired in all sectors due to regulatory changes impacting the entire telecommunications industry nationwide; technology resources have evolved and as a result, it is not sustainable for telecommunications carriers to maintain increasingly expensive and less safe options such as

TDM when there are more cost-efficient services available. The discontinuation of TDM forces modernization and increases costs and creates delays. The delays are due to the industry-wide limitations of resources and the need to perform technical revalidation to transition many types of observation and dissemination platforms including NOAA Weather Radio, Next-Generation

Radar (NEXRAD), Automated Surface Observing System (ASOS), and services at the National

Center for Environmental Protection (NCEP).

Notices to discontinue TDM services are not forecasted ahead of time by the existing providers.

When issued, these notices divert already limited resources away from transitioning services to a permanent solution on EIS. Beyond the technology transitions, the depletion of resources in the telecommunications industry and the unpredictable transition timelines has significantly increased the impact to NOAA’s National Critical Missions.

Due to the protest, COVID-19 delays, industry-wide resource shortages and the complexities related to modernizing services, NOAA requires additional time to minimize impacts to operations for the transition of services. For these reasons, current services from AT&T must be retained longer to avoid interruption of NOAA and the National Weather Service mission execution.

DOJ, FBI

DOJ cited COVID-19 pandemic delays, supply chain disruption, delays related to protests, and delayed award of EIS task orders as contributing factors to delays in transition from contract

GS05T09BMD0014.

Similar to other user agencies, the FBI has experienced supply chain disruptions in acquiring required hardware such as Cisco routers and switches to support this transition. There continues to be long lead times and delays due to shortages of semiconductor chips. The supply of those chips, originally impacted by COVID 19 manufacturing shutdowns, have still not recovered to meet demand. Supply chain has yet to fully recover to pre-pandemic levels, creating limited supply of certain hardware required to facilitate transition.

The FBI solicited three times for the award of their primary and secondary requirements. The first solicitation in 2018 was a collaboration combining the Bureau of Prisons (BOP) requirements with DOJ and FBI under three distinct CLINS. Due to requirement changes based on shifts in technology, and concerns regarding requirement complexity and future end state after transition, the FBI requirement was extracted and resolicited in July of 2020, awarding two separate task orders in September of 2021. Both task orders were protested. FBI took corrective action and resolicited the two task orders for a third time in December of 2021. One task order award was protested resulting in another delay. The change in requirements and the required actions as a result of protests caused approximately a three-year delay in full award of services.

Due to the COVID-19 pandemic delays, supply chain disruptions, delays related to protests, and delayed award of EIS task orders, the FBI requires additional time to minimize impacts to operations for the transition of services. For these reasons, current services from AT&T must be retained longer to avoid interruption of FBI’s mission execution.

DOT, FAA

DOT, FAA cited complexities related to modernizing services as the major justification factor contributing to delays in transition from contract GS05T09BMD0014. In the transition of services from the Networx, WITS 3, and LSA legacy contracts to the EIS contract, the FAA has experienced major complications in modernizing services. There were lengthy discussions with the contractor about the best way to transform/modernize all services; either begin to transform/modernize right away at award or perform a ”like for like” transition initially and then modernize services later in a second transition (also on the EIS task order). After eight months of discussion with the EIS contractor, FAA and the contractor agreed to modernize all services at award in order to avoid the FAA having to perform two transitions on the EIS task order, and also prevent the FAA from being in a position of losing services because of the discontinuation of legacy services like TDM. The financial impacts were also a major factor in this decision because during initial transition non-recurring costs (NRC) costs are waived, however the contractor would not guarantee they would honor that commitment during a second transition.

Most FAA services are POTS (Plain Old Telephone Service) lines or PRI (Primary Rate

Interface) services. FAA’s original transformation planning wanted the contractor to propose the most optimal solution on a site-by-site basis by leveraging new technology to combine services into as few solutions as possible rather than replace POTS with dial tone and PRI with IP Flex.

FAA expected the contractor to outline a plan that would leverage the IP Flex to combine different types of services.

FAA has an EIS task order, however the EIS contractor has to subcontract to multiple contractors in order to provide FAA with “the last mile” of service. Notices to discontinue TDM services are not being forecasted ahead of time by the existing providers. When issued, FAA and the EIS contractor have to shift focus to “put out these fires” to avoid losing service. In order to do that, FAA needs to transform that disconnected service to modern technology which requires either that the correct interfaces are up to date or that ports/cards are available to facilitate a PRI handoff. Due to the complexities related to modernizing services, FAA requires additional time to minimize impacts to operations for the transition of services. For these reasons, current services from the AT&T must be retained longer to avoid interruption of FAA’s mission execution.

6. DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED

FROM AS MANY SOURCES AS PRACTICABLE INCLUDING WHETHER A NOTICE WAS

OR WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH

EXCEPTION UNDER 5.202 APPLIES.

This contract was competed in accordance with FAR Part 15 and resulted in six (6) multiple award IDIQ contracts. It was synopsized in accordance with FAR Part 5.2 at that time.

Additionally, the follow-on vehicle to provide the services under this IDIQ contract is EIS.

Transition planning dictates that all agencies using Networx, WITS 3, and Local

Telecommunications contracts will transition to EIS contracts or another vehicle. EIS was also synopsized in accordance with FAR Part 5.2 and awards were conducted with full and open competition in accordance with FAR Part 15 and resulted in nine (9) EIS IDIQ contracts (there were initially ten (10) contractor awardees that were reduced to 9 due to a merger). AT&T is one of the EIS contract holders. Table 2 below provides the dates when each agency awarded their

EIS task order(s) and to whom:

Agency EIS Task Order Award Date EIS Contractor

DHS - CBP TO1 04/18/2022 Lumen

DHS - CBP TO2 05/30/2022 Core Technologies

DHS - CBP TO3 04/18/2022 AT&T

DHS - USM, I&A, & OBIM via

USM TO1

01/06/2021 AT&T

DHS - USM, I&A, & OBIM via

USM TO2

09/22/2022 AT&T

DHS - ICE TO1 01/06/2021 AT&T

DHS - ICE TO2 08/01/2022 Granite

DHS - TSA TO 08/01/2022 AT&T

DHS - USCG TO 08/26/2021 AT&T

DHS - USCIS TO 06/01/2022 AT&T

DOC - NOAA TO 09/29/2020 AT&T

DOJ - FBI TO 1 5/20/2022 Verizon

DOJ - FBI TO 2 9/27/2022 Verizon

DOT - FAA TO 02/12/2021 AT&T

Table 2: EIS Task Order Award Dates

7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT WILL BE FAIR AND REASONABLE

The anticipated cost of this 18-month extension is approximately $4,932,000.00 based on the current total monthly invoicing on this contract. As DHS, DOC, DOJ, and DOT continue to progress in transitioning to EIS this number decreases. GSA does not anticipate any significant increase in modern telecommunications CLIN prices for this extension. Our analysis indicates that commercial prices for modern telecommunications services have been consistently falling, making it unlikely that contractors will be able to justify any pricing increases for many services.

Although some older technology services are becoming more expensive, unless a contractor primarily offers these older services, the net effect of these price increases is likely to be offset by the pricing on more modern services. In previous extensions, while there were some price increases, when taken on average, across the contracts, total pricing fell.

Every year GSA updates its commercial telecommunications pricing database using numerous sources. Each month this database is used to calculate the savings recognized by agencies using our telecommunications contracts by comparing prices paid to these commercial prices.

We recently updated the commercial price database for FY23. For comparison purposes only, we ran the fourth quarter FY22 savings using both the FY22 and FY23 commercial prices.

Because FY23 commercial prices had fallen across the board, the overall Q4FY22 savings percentage fell by several percentage points when using the new FY23 commercial prices.

While there are some commercial prices that have increased, these services do not constitute a significant enough portion of the services purchased from GSA to counteract the price decreases on other services.

8. DESCRIPTION OF MARKET RESEARCH CONDUCTED AND THE RESULTS (see part

10) OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED.

GSA conducts market research for network and telecommunication services on a regular basis throughout the year. The research includes assessing vendors' business practices and pricing strategies across the industry. GSA leverages the business intelligence gathered to inform business decisions related to contract establishment and administration as part of its normal business practices. The market research and business intelligence which included customer agency input, industry expertise, and professional publications were leveraged for this effort in order for GSA to make informed decisions about extending the reference contract.

9. OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION, such as: When 6.302-1 is cited for follow-on acquisitions as described in

6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived.

GSA has been working across the Federal community to assist agencies in transitioning into the competitively awarded EIS program. Transition is a long, complex process spanning multiple years. While a number of agencies have or will complete their transitions on time, several require more time. The purpose of this sole source award is to provide such agencies with additional time to complete their transition. GSA is continuing to work with these agencies and has asked OMB to provide assistance in ensuring greater progress with transition. GSA remains committed to ensuring all Federal agencies transition from the Networx, WITS 3, and LSA contracts to EIS.

It would be a duplication of cost and effort to compete a contract to support these agencies requirements when the new contracts have already been competed and awarded (EIS). Not only have the EIS contracts been awarded, but as described in Section 5 above DHS, DOC, DOJ, and DOT have already awarded EIS task orders using competitive procedures. These user agencies are in the midst of transitioning from services provided on this contract to their competitively awarded EIS task orders. The purpose of this extension is to allow for that transition to continue and be completed. Additionally, it is not feasible - nor possible for a different contractor to compete for, be awarded, and transition the specific services currently utilized by agencies. Such an effort would require each of these agencies to devote the personnel and resources currently working on transition to the EIS task orders, to interrupt that transition progress and to switch to working on the same effort to award and then transition the existing services to a bridge contract. These same personnel and resources would then have to be immediately switched to implement a completely duplicative transition from the bridge contract to the EIS task orders. Agencies’ schedules for transitioning inventory from this contract to EIS task orders will not allow another transition from a bridge contract. It is difficult to estimate the exact duplication of cost to the agencies. However, forcing agencies to transition to another contract before transitioning to EIS (a transition within a transition) would require the agencies to go through a wasteful and redundant exercise of re-competing the agency requirements covered by the EIS task orders listed in Section 6, Table 2 of this document.

Furthermore, if GSA does not extend this contract, and requires the user agencies to reprocure these services on a different contract, most agencies would be forced to attempt to award sole source contracts to the incumbent contractors because transitioning to another contractor is virtually impossible at this stage.

Importantly, user agencies would not only need to sole source for the SIRS on this contract, but for all of the SIRS that still require transition to their EIS task orders (Section 5.b.2). As noted above, user agency SIRs are spread across many existing contracts, not just the contract associated with this JOFOC. So in addition to having to sole source their requirements on this contract, DHS would have to award approximately sixty-four (64) additional sole source contracts to avoid a break in these critical services. Likewise, DOC would have to award approximately seventeen (17) additional sole source contracts, DOJ would have to award approximately fourteen (14) additional sole source contracts, and DOT would have to award approximately thirty-nine (39) additional sole source contracts. Thus, the alternative to extending the contract based on this JOFOC would not result in cost savings to the

Government, because user agencies would have to award multiple sole source contracts to incumbent providers resulting in no cost savings. There is no reasonable likelihood that agencies would compete their requirements again (after competing and awarding EIS task orders).

In addition to the cost of agency contracting personnel and subject matter experts to award new task orders, GSA estimates that DHS will incur costs of at least $4,882,475.16, DOC will incur costs of at least $2,459,011.42, DOJ will incur costs of at least $1,868,464.43, and DOT will incur costs of at least $1,926,480.59. This amount is derived from a cost analysis of GSA’s

Transition Ordering Assistance (TOA) contract which provided transition order assistance to agencies (FY17 through FY21). It is fair to estimate that additional costs of transition within a transition would be millions of dollars for each agency.

As mentioned above, the purpose of this extension is not intended to be used for agencies to order new services. All agencies are required to sign a Memorandum of Understanding (MOU) with GSA in order to remain on the Networks Authorized User List (NAUL) and to use the

Networx, Washington Interagency Telecommunications System 3 (WITS 3), and LSA contracts through 31 May 2026. In accordance with the MOU, during this period, “... the Agency will not order any new services or changes and relocation of existing services on any of the expiring

Networx, WITS 3, and Local Service telecom contracts. The only orders the Agency may submit are those to disconnect service. In the event of exigencies that may require the Agency to order service on the expiring contracts, there are six scenarios under which the Agency may request

GSA waive the prohibition:

1. Disaster relief activities;

2. Activities necessary by law, the Constitution, for safety of human life, or for protection of property;

3. Law enforcement operations;

4. Protective functions of the U.S. Secret Service;

5. Counter-terrorism or intelligence-gathering or -dissemination capabilities;

6. Matters related to diversity, equity, inclusion, and accessibility."

10. A LISTING OF SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN

THE ACQUISITION

There is no list of sources that have expressed interest in this sole source requirement. All interested parties participated in the competition of the EIS contracts by submitting a proposal and nine of them have EIS contracts to continue this work. This extension provides agencies with additional time to complete their transition from this contract to the EIS contracts.

11. A STATEMENT OF ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT

ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED

The EIS multiple award IDIQ contracts are the follow-on contracts to provide the services currently provided under this contract. GSA conducted a FAR Part 15 full and open competition to award the EIS IDIQ contracts to replace all its legacy telecommunications contracts, inclusive of GS05T09BMD0014. On July 31, 2017, GSA awarded the Enterprise Infrastructure Solutions

(EIS) contract to nine (9) contractors (there were initially ten (10) contractor awardees that were reduced to 9 due to a merger). AT&T was awarded an EIS contract. The agencies listed in the

Table 1 under Section 3 have all awarded or are in the process of awarding their EIS task orders to replace those services listed. All EIS task orders are subject to FAR Part 16.505 fair opportunity procedures. This extension is required to provide agencies the extra time required for them to transition those services off of this contract to their EIS task order or soon to be awarded task order.

Customer agencies are responsible for their transition from the legacy contracts to EIS and are in various stages of completing transition. GSA has provided significant assistance to agencies in the years since the award of EIS to aid in each phase of the transition. Agencies planning on using the Networx, WITS 3, and LSA contracts extension periods are required to sign a MOU with GSA acknowledging that during the additional time period, agencies will have responsibility to transition all remaining services to EIS or another acquisition solution or implement a contingency plan by May 31, 2026.

GSA has had limited information and visibility into agencies’ transition progress in the past. The

MOU for agencies using extensions from June 1, 2024 through May 31, 2026 requires increased transparency and monitoring on agency transition status. Increased visibility will encourage agencies to transition faster and allow agencies to recognize earlier that contingency plans must be implemented by the customer agency to avoid disconnects after May 31, 2026.

GSA is not a mandatory source for the telecom services and agencies have the option to choose the procurement vehicle that best suits their needs. GSA does not have the authority to hold agencies accountable to meet the agencies’ transition plan deadlines, however, GSA has no intention of considering further extension of this contract. Any further sole source procurement needs will be executed by customer agencies’ Contracting Officers if needed.

Lastly, to minimize or eliminate the need for non competitive extensions in the future, GSA will apply transition lessons learned to all EIS follow on procurement activities.

12. CERTIFICATIONS AND APPROVALS

TECHNICAL PERSONNEL CERTIFICATION:

I certify that the supporting data for this Justification for Other than Full and Open

Competition, was the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or schedule requirements or other rationale for other than full and open competition). The supporting data provided and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

___________________________ Date: _______________________

Will Moore GSA Technical Representative

CONTRACTING OFFICER CERTIFICATION AND APPROVAL:

I certify that this Justification for Other than Full and Open Competition, in accordance with

FAR 6.302-1, is accurate and complete to the best of my knowledge and belief.

David Wilson GSA Contracting Officer

Concurrence:

Marquita Washington Competition Advocate Information Technology Category (ITC) Federal Acquisition Service (FAS)

2/8/2024

2/9/2024

2/15/2024

Approval:

Laura Stanton Head of Contract Activity Information Technology Category (ITC) Federal Acquisition Service (FAS)

2/15/2024