A04 JOFOC-GSA-Networx.doc

NATIONAL LABOR RELATIONS BOARD

JUSTIFICATION FOR OTHER AND FULL AND OPEN COMPETITION (JOFOC)

Pursuant to the Federal Acquisitions Regulation (FAR) Subpart 6.302-1, the National Labor Relations Board (NLRB) has determined the use of other than full and open competitive procedures is justified for this procurement action to CenturyLink Technology Solutions.

1. Identification of Agency and the contracting activity The NLRB, Acquisition Management Division, proposes to enter into a contract on a basis of other than full and open competition for the Office of the Chief Information Officer (OCIO).

2. Nature and/or description of action being approved The NLRB has a need for telecommunication services under the GSA Networx contract. The NLRB intends to award a new contract to CenturyLink for the services identified below.

3. Description of supplies or services The NLRB has a continued need for information technology hosting services which include:

· Wide Area Network services – managed telecommunications network

· Hosted Skype for Business (SfB) – SfB provides all voice and audio/video conferencing The annual estimated cost for the services is $2,418,645.00.

4.

Statutory Authority The statutory authority permitting other than full and open competition is 41 U.S.C.253(c)(1)(or 10 USC 2304(c) (1)) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5.

Contractor’s Unique Qualifications or Rationale for the Nature of the Acquisition Requiring Use of Authority Cited.

The current task order under the GSA Networx contract for WAN and hosted Skype for Business (SfB) services was competitively awarded to the incumbent using the Networx fair opportunity. GSA is replacing the Networx contract with the Enterprise Infrastructure Solutions (EIS) contract. The NLRB awarded a task order to Verizon for WAN services under the EIS contract October 30, 2019. The current WAN and hosted Skype for Business (SfB) services task order period of performance ends May 30, 2020. Unfortunately due to the corona virus pandemic causing closure of NLRB offices nationwide Verizon is unable to complete WAN service installation and turn up prior to the end of the current WAN services task order.

The NLRB is seeking to continue the existing WAN and SfB services under the GSA Networx contract for a period of up to one (1) year. The current NLRB task order for WAN and SfB services under the GSA Networx contract expires 5/30/2020. At this time there is no set date for the NLRB offices to resume normal operations that would permit Verizon to complete the installation and turn up.

6.

Description of the Efforts Made to Ensure That Offers are Solicited from as Many Potential Sources As Is Practicable.

The initial requirement was solicited using the fair opportunity requirement of the GSA Networx contract. The future sonication shall be using the fair opportunity requirement of the GSA EIS contract. The objective is to complete transition to the EIS contract, soliciting offers from as many awardees with their ATO as possible.

The JOFOC will be posted to the Government Point of Entry per FAR 6.305.

7.

Determination of Fair and Reasonable Pricing Many of the prices in this award are based on the previous Task Order, which was let under a GSA Schedule. These prices previously have been determined to be fair and reasonable. The remaining prices, representing open market items, have been checked with the current commercial market and determined to be fair and reasonable.

8.

Market Research Given the knowledge of the potential injury to the Government of duplicative costs, market research was not conducted for this specific action.

9.

Any other facts supporting the justification Failure to award this contract extension will lead to breaks in service causing specific harm to the NLRB. The extension shall allow time to transition to EIS within the budgetary constraints of the agency.

10.

A listing of sources, if any that expressed, in writing, an interest in the acquisition.

None

11. A statement of the 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.

A competitive procurement is being considered for future requirements. Depending on market research, a solicitation may be posted to GSA EIS at the beginning of the next fiscal year.

Certification

The information contained in this justification for other than full and open competition is certified accurate and complete to the best of my knowledge and belief.

Acquisition Initiator:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

Signature

Date

Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Reviews and Approvals

Competition Advocate:

I certify that the facts and representations under my cognizance, which are included in this justification and which form a basis for this justification, are complete and accurate.

JOFOC - SAVVIS Federal Systems, Inc.