A15 JEFO SIGNED - Lumen Renewal - 2024 07 29.pdf

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FOR REQUIREMENTS EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

November 2022 1

Any order exceeding the simplified acquisition threshold placed against a multiple award contract, including any

Governmentwide acquisition contract (GWAC) that does not provide for fair opportunity (see FAR 16.505(b)(1)) must be justified in accordance with FAR 16.505(b)(2)(ii). For acquisitions exceeding the simplified acquisition threshold, this template may be used for this purpose. Note that no justification is needed when fair opportunity will be restricted based on small business set-aside.

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for Exception to Fair Opportunity for Requirements Exceeding the Simplified Acquisition Threshold".

Contracting Activity Processing the Requirement: Office of Acquisition and Relocatoin Management (FA)

Name of Organization Originating the Requirement: TIO

Identification Number (purchase request/solicitation number): D-24-TC-

2. The nature and/or description of the action being approved (e.g., new award, modification, follow-on to previous procurement, et.al.).

Annual renewal of the Lumen Dark Fiber Optical Ring that support Northern Virginia

3. A description of the supplies or services required to meet the agency's needs and estimated value.

This is a sole source request for the annual renewal of the Lumen Dark Fiber Optical Ring. DEA currently leases an Optical Fiber Ring tht connects five (5) DEA sites in Northern Virginia.

Total estimated value inclusive of all options: $208,020.36

Period of performance or final delivery date: 09/01/2024 – 08/31/2025

4.

a. Authority: FAR 16.505 (b)(2)(ii)(B)

b. Reason for Exception: Select One Below:

(A) The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. FAR 16.505(b)(2)(i)(A)

(B) Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. FAR 16.505(b)(2)(i)(B)

(C) The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. FAR 16.505(b)(2)(i)(C)

(D) It is necessary to place an order to satisfy a minimum guarantee. FAR 16.505(b)(2)(i)(D)

(E) For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source. FAR 16.505(b)(2)(i)(E )

c. If applicable, explain the justification for restricting competition: the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of https://www.acquisition.gov/content/part-16-types-contracts#i1104008 https://www.acquisition.gov/content/part-16-types-contracts#i1104008 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-16#FAR_16_505 https://www.acquisition.gov/far/part-16#FAR_16_505

November 2022 2 the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

Lumen owns the Dark Fiber Optical Ring which is leased to DEA to provide data transport to five

(5) sites in Northern Virginia or;

d. Brand Name: Item peculiar to one manufacturer: (A brand-name item, even if available on more than one contract, is an item peculiar to one manufacturer. Brand-name specifications shall not be used unless the particular brand-name, product, or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs):

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

This is a Sole Source procurement

6. Any other facts supporting the justification.

There are no other facts supporting this justification.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

To promote competition, TC continually researches and tests new hardware and alternatives as they become available on the market.

C O N T I N U E D O N N E X T P A G E

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Certifications

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Official ____________________________________ Date _______________

Signature & Title

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Justification for Other than Full and Open Competition, are accurate and complete to the best of my knowledge and belief".”

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Office Technical Point of Contact ____________________________________ Date _______________ Signature & Title

“I hereby certify that this Limited Source Justification is accurate and complete to the best of my knowledge and belief.”

Contract Specialist ____________________________________ Date _______________ Signature

Contracting Officer ____________________________________ Date _______________ Signature

“I have reviewed the subject contract action and find it legally sufficient for award.

CC Legal Counsel ____________________________________ Date _______________ (if over $750,000) Signature https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1

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Reviews and Approvals

Competition Advocate ____________________________________ Date _______________

Chief, FAC ____________________________________ Date _______________

Bureau Procurement Chief (if over $750,000 ____________________________________ Date _______________ per JAR 2806.304) Signature

Head of the Contracting ____________________________________ Date _______________ Activity (if over $15M) Signature

Senior Procurement Executive (if over $75M) ____________________________________ Date _______________ Signature https://www.ecfr.gov/cgi-bin/text-idx?SID=2a2e815080eb0d8886542a3d1645cf13&mc=true&node=pt48.6.2806&rgn=div5#se48.6.2806_1304