A-20 Redacted JA.pdf

JUSTIFICATION FOR OTHER THAN FULL AN OPEN COMPETITION (IAW FAR PART 6)

In accordance with FAR 6.3, a Contracting Officer may solicit without providing for full and open competition if the Contracting Officer determines that the circumstances of the contract action deem only limited sources reasonably available.

1. Identification of the agency and the contracting activity:

Uniformed Services University of the Health Sciences (USUHS)

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

Sole source contract for certain connectivity, colocation, and engineering services.

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

The estimated value for this contract is $1,000,000.00. The services required under this contract include but are not limited to the following:

MAX Services Annual MAX Participation Fee Zayo Point-to-Point Dark Fiber 100G Layer 3 connection (R&E routes) Zayo Point-to-Point Dark Fiber 100G Layer 3 Connection (R&E routes) Cross Connect at Level 3 MAX - Bandwidth Internet 2

Zayo Dark Fiber Contract

4. Identification of the statutory authority permitting other than full and open competition:

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 the authority cited:

Mid-Atlantic Crossroads (MAX), a research and education (R&E) network provider consortium led by the University of Maryland, Georgetown University, and The George Washington University, is a GigaPoP (Gigabit Point of Presence) organization that provides innovative high performance networking architecture. MAX is the only organization that provides its high-performance dedicated peering services (AWS, Google, Apple etc.), connectivity to Internet2, and various commodity Internet connections.

MAX is the only organization that can provide direct access to Internet2 and dedicated peering points.

Internet2 will not allow direct participation – all member organizations must pair with their local R&E network provider – and for USUHS this network provider is MAX.

6. Description of efforts made that were to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR

5.2 and, if not, which exception under FAR 5.202 applies:

A notice of intent to sole source will be published to the government point-of-entry in accordance with

FAR 5.2.

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

The estimated value was based on historical costs for similar requirements and the estimates of future requirements. Additionally, all proposed pricing will be evaluated for fair and reasonableness. The methods of price evaluation could include, but are not limited to, catalog prices, internet search for similar products, historic data and price lists available.

8. Description of market research conducted and the results, or a statement of the reason market research was not conducted:

No market research was conducted for this requirement. These and related services were researched and acquired via HU000118PT115. At that time, it was discovered that MAX is the sole provider for access to the required high-performance dedicated peering services which grants access to Internet2 as well as various commodity Internet connections.

9. Any other facts supporting the use of full and open competition (see FAR 6.303-2(b)(9) for examples):

MAX’s proximity to Washington, DC, will provide USUHS the opportunity to collaborate with a number of campuses whose communities have large scale data flow requirements, while markedly lowering our total operating costs for network connectivity/service. MAX’s participants include universities, federal agencies, government laboratories, and non-profit institutions in Maryland, Virginia, and the District of Columbia.

10. Listing of the sources, if any, that expressed, in writing, an interest in the acquisition: None.

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

The Government will continue to monitor the marketplace to attempt to remove barriers to competition.

However, currently MAX is the only provider that can meet the all the all the Government’s requirements.

Customer: Joel Robertson, Director, NOC

Signature Date

Contracting Officer: I hereby certify that the justification is accurate and complete to the best of my knowledge and belief, and I have determined that the anticipated cost to the Government will be fair and reasonable.

Signature Date

ROBERTSON.JOE

L.L.1073669100

Digitally signed by

ROBERTSON.JOEL.L.1073669100

Date: 2020.07.30 15:33:36 -04'00'

Competition Advocate: Victoria Cunningham

Signature Date

☐ Approved ☐ Disapproved

OLIVER.LEE.JOSE

PH.1543122145

Digitally signed by

OLIVER.LEE.JOSEPH.1543122145

Date: 2020.07.31 09:27:51 -04'00'

CUNNINGHAM.VICT

ORIA.A.1543122129

Digitally signed by

CUNNINGHAM.VICTORIA.A.15431221

Date: 2020.07.31 09:31:21 -04'00'