A16_JOFOC_Spectrum_Engineering_REDACTED_1.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION AUTHORITY:

FAR 6.302, 41 U.S.C. 3304

PR 0044011159

Pursuant to the requirements of the Competition in Contracting Act (CICA) as implemented by FAR 6.3 and in accordance with the requirements by FAR 6.303-1, the justification for the use of the statutory authority under FAR 6.3 is justified by the following facts and rationale required under FAR 6.303-2 as follows:

1. Identification of the agency and the contracting activity, and specific identification of the document as a “Justification for other than full and open competition.”

This document is a justification for other than full and open competition for the Department of the Interior (DOI), Interior Business Center, Acquisition Services Directorate, Division 1, Branch 1, on behalf of DOI, Office of the Chief Information Officer (OCIO), Enterprise Services Division (ESD) for Spectrum Engineering Technical Services Support.

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

This is a new requirement for a single award, non-commercial, Labor Hour (LH) contract, for Spectrum Engineering Technical Services Support, which involves brand name specifications to effectively plan and analyze Radio Frequency (RF) coordination. The Presidential Memorandum (PM) titled "Modernizing United States Spectrum Policy and Establishing a National Spectrum Strategy (NSS)" mandates the development of the NSS and the Spectrum Pipeline Plan (SPP). These initiatives aim to create a comprehensive roadmap for effectively utilizing spectrum resources, ensuring the United States retains its leadership position in advanced wireless technologies and services. The memorandum emphasizes the need for a strategic "pipeline" of spectrum bands that will foster commercial innovation while addressing the needs of various agencies both now and in the future. This requirement aligns with the PM on Modernizing United States Spectrum Policy and Establishing the NSS. The scope of work includes RF Analysis Methodology and Participation Framework, which provides RF modeling, design, and engineering technical services. This request anticipates a planned sole source to Spectrum Center Government Services, LLC, located at 1451 Dolley Madison Boulevard Suite 320 Mclean, Virginia 22101-3847, United States.

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

The contractor will perform a study within the RF Analysis Methodology and Participation Framework. The study will focus on target bands within the 7/8 Gigahertz (GHz) range, specifically from 7.125 to 7.725 GHz, as part of the broader study scope extending up to 8.4 GHz. This study is critical for evaluating the impact on DOI systems that operate within the 7/8 GHz point-to-point frequency bands as well as any future applicable bands. The study will focus on implementing interoperability and enhancing functionality to improve the efficiency of spectrum infrastructure which aligns with the objectives outlined in the NSS and SPP. The study will analyze current radio frequency spectrum utilization and network configurations to identify frequencies that can stimulate the development of innovative technologies. As part of this initiative, the NSS has identified five spectrum bands for immediate, detailed analysis to explore the potential for repurposing these frequencies for more efficient or expanded applications. The SPP elaborates on the approach to studying the 7125-8400 MHz band, commonly referred to as the 7/8 GHz band. Additionally, the plan includes a request for funding from the Spectrum Relocation Fund (SRF) to support DOI’s participation in this important study. The contract’s period of performance and the estimated cost is as follows:

Anticipated Period of Performance Estimated Value Base Period 8/15/2025 – 8/14/2026

Option Period 1 8/15/2026 – 8/14/2027 Option Period 2 8/15/2027 – 8/14/2028 Option Period 3 8/15/2028 – 8/14/2029 Option Period 4 8/15/2029 – 8/14/2030

TOTAL

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

The statutory authority permitting other than full and open competition for this requirement is FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. 41 U.S.C. 3304(a)(1).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Spectrum Center Government Services, LLC is the only source capable of providing the Engineering Technical Services Support. Spectrum Center Government Services, LLC’s support, which involves utilization of a proprietary software, will include conducting a thorough evaluation of whether a frequency band meets the criteria specified in the Spectrum Pipeline study parameters, along with frequency identification, which analyzes current radio frequency spectrum utilization and network configurations to identify frequencies that can stimulate the development of innovative technologies. The required software functions as the system of record for commercial wireless network coordination within DOI protection zones. DOI previously procured Spectrum engineering support services for the planning and analysis of RF coordination related to Advanced Wireless Services (AWS) auctions, which included the procurement of Spectrum licenses and maintenance services (Purchase Order 140D0421P0241). The Spectrum licenses are proprietary software owned by Spectrum Center Inc. and available for use by Spectrum Center Government Services, LLC. No resellers exist for the Spectrum software.

Additionally, Spectrum Center Government Services, LLC, is the only provider with specialized knowledge of DOI National Field Communication and Spectrum operations to support DOI’s project per the NSS, SSP for 7/8 GHz- Suitability for Repurposing. Without the specific knowledge regarding DOI’s National Field Communication and Spectrum operations, an additional and unknown amount of time and research, past the needed start for period of performance would be required for a new contractor to become knowledgeable about the requirement.

6. A description of efforts made 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 Subpart 5.2 and, if not, which exception under 5.202 applies.

A thorough review of the procurement needs and options were considered. The review identified that conditions supporting an exception to competition exist. The review resulted in other North American Industry Classification System codes (NAICS) categories which fell outside the scope of the NAICS for this requirement. A pre-solicitation notice will be posted to SAM.Gov regarding the intent to sole source the technical services support for a period of 15 days prior to issuance of the solicitation in accordance with FAR 5.101(a)(1). Advance publication has not been completed at this time given that the Spectrum software is proprietary to Spectrum Center Inc. and utilized by their related organization, Spectrum Center Government Services LLC in the performance of associated services to government entities.

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

The Contracting Officer will ensure the price of any contract issued to support the Spectrum Engineering Technical Services Support is evaluated and negotiated in accordance with FAR 15.4 to obtain fair and reasonable pricing for the Government. Prior to award of the proposed contract, cost and price information will be obtained from the contractor, and a price analysis will be performed and documented to sufficiently determine that the price to the Government of the proposed acquisition will be fair and reasonable.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

There are no known mandatory sources available for this requirement. Further, in accordance with FAR 8.002(a)(1), the requirement is not available within DOI, or from another agency as an excess service nor is the requirement provided by Federal Prison Industries or AbilityOne.

The only known source for the engineering technical services support is Spectrum Center Government Services, LLC. The Spectrum software licenses will be utilized in the performance of the current requirement, which licenses are proprietary to Spectrum Center Government Services, LLC with no known resellers. Because the Spectrum software is proprietary and already part of another contract vehicle (140D0421P0241), research on the General Services Administration’s (GSA) market was conducted to determine if there were any GSA sources that offered compatible monitoring technology. Two GSA schedules were considered which are the Multiple Award Schedule Category 517312 for Wireless Mobility Solutions and Category 517410 for Commercial Satellite Communication Solutions. No GSA sources were found that could satisfy this requirement.

The Spectrum software is proprietary software in that Spectrum Center Inc. is the legal owner of the software. Spectrum software, while sold to the general public, there are no other distributors of the software other than Spectrum Center Inc. and Spectrum Center Government Services, LLC, when associated services that are provided to government entities. As such, there are no resellers for the Spectrum software. Additionally, Spectrum Center Inc. and Spectrum Center Government Services, LLC are the only entities that may alter the coding of the Spectrum software. Again, Spectrum Center Government Services, LLC offers services to government entities where the government entity requires changes to the Spectrum software in the completion of the work.

The price to have a new company develop the required software and obtain the specialized knowledge is too costly. A new company would need to establish and place the resources to execute this requirement. Added cost would include pricing out new resources needed along with new labor to include training costs. Additionally, a new company would not timely meet the Government’s needs.

9. Any other facts supporting the use of other than full and open competition.

Failure to secure technical engineering services from Spectrum Center Government Services, LLC to perform a study within the RF Analysis Methodology and Participation Framework presents significant risks that could adversely affect the Government’s mission. This requirement is essential for ensuring a thorough evaluation of whether a frequency band meets the criteria specified in the Spectrum Pipeline study parameters.

This requirement for Spectrum Engineering Technical Services Support is non-commercial in nature.

Spectrum Center Government Services, LLC only has federal customers, including DOI and the Treasury Inspector General for Tax Administration (TIGTA). The focus of Spectrum Center Government Services, LLC is to support federal agencies in RF engineering, spectrum sharing feasibility studies, which includes participating in the Commerce Spectrum Management Advisory Committee Working Group meetings on DOI’s behalf and performing the Advanced Wireless Services (AWS)-3 interference analyses to protect DOI’s satellite earth station receivers.

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

None.

11. A statement of any 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 Government will continue research on engineering technical support services, and particularly the labor categories utilized in the support of this requirement, to enhance the competition for future requirements.