A2 JA Exception to Fair Opportunity.pdf

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

1 JUN 2023

Justification Review Document for an Exception to Fair Opportunity – FAR 16.505(b)(2)

Program/Equipment: Verizon Wireless (DBA Cellco Partnership) Spiral 3 Extension

Authority: 10 U.S.C. 2304c(b)(3) as implemented by FAR 16.505(b)(2)(i)(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.

Amount: $30,142.38

Prepared by:

Typed Name: MSgt Jennifer DeWispelaere DSN: 238-2520

Title: Contract Specialist Date: 2 May 2024

E-mail: jennifer.dewispelaere@us.af.mil

Contracting Officer:

Typed Name: MSgt Philip Rott DSN: 238-2493

Date Reviewed: 2 May 2024 E-Mail: philip.rott@us.af.mil

Technical Representative:

Typed Name: Mr. Troy Nash DSN: 238-3618

Title: Base Equipment Control Officer Date Reviewed: 2 May 2024

Requirements Representative:

Typed Name: Mr. Troy Nash DSN: 238-3618

Title: Base Equipment Control Officer Date Reviewed: 2 May 2024

Control Number:

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

Justification for an Exception to Fair Opportunity Under FAR 16.505(b)(2)

1. Contracting Activity: This requirement is for the 107th Attack Wing, Niagara Falls, NY. The contracting agency is the 107th Mission Support Contracting.

2. Description of Action: The 107th Attack Wing intents to issue a new task order to Cellco Partnership, DBA Verizon Wireless utilizing the Department of Navy’s Spiral 3 Wireless IDIQ ordering process. This will be an Exception to Fair Opportunity. The total contract value of this requirement shall be $30,142.38 and will be supported utilizing Fiscal Year 2024 Operations & Maintenance funding. This was initially competed in Fiscal Year 2019 with Fair Opportunity having been provided to all cellular carriers who were a part of the Department of Navy’s Spiral 3 Wireless ordering process.

3. Description of Supplies/Services: These services are commercially-available Verizon Wireless devices and cellular support.

4. Authority Cited: 10 U.S.C. 2304c(b)(3) as implemented by FAR 16.505(b)(2)(i)(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.

5. Reason for Authority Cited: As of today, the DoD cannot issue a task order for Spiral 3 cellular services past 7 May 2025 due to that being the expiration date of the master IDIQ. Issuing a task order prior to that date with a period of performance of at least 12 continuous calendar months permits the Government to take advantage of reduced pricing on annual plans for both smart phone as well as MiFi devices. Due to the short 12 month timeframe in which these services are needed, it is not advantageous for this agency to recompete its cellular support only to need to recompete it again once the replacement to the Spiral 3 wireless ordering process is made available next Fiscal Year. Not recompeting this year permits all current cellular phones and MiFi devices to continue to be used as is with no requirement for the Requiring Activity to swap each and every device over to another carrier.

6. Efforts to Obtain Competition: Fair Opportunity shall be provided to all applicable cellular carriers next fiscal year when recompeting this requirement, no different than was done in FY2019 for the previous cellular support contract.

a. Effective competition. No competition is expected for this acquisition.

b. Subcontracting competition. The Government will encourage the prime contractor to obtain as much competition as possible when subcontracting opportunities are present.

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

7. Actions to Increase Competition: Not applicable to this acquisition.

8. Market Research: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed without any restrictions. The previous contract was procured on a competitive negotiated basis and the same will occur with this requirement is recompeted.

9. Other Facts: Not applicable to this acquisition.

a Procurement history.

(1) Contract number and date of last contract issued for this same requirement.

a. W912PQ-19-F-5024 issued 14 September 2019

(2) The competitive status of this action:

a. Fair Opportunity provided.

(3) Authority previously cited if less than full and open competition was used.

a. Not Applicable

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results.

a. Not Applicable

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources.

a. Not Applicable

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys.

a. Not Applicable

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes.

a. Not Applicable

(8) Other facts.

a. Not Applicable

CUI//SP-SSEL

(Source Selection Information - See FAR 2.101 and 3.104-4)

JUN 2023

10. Technical Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

TROY T. NASH, Civ, NYANG 2 May 2024 Base Equipment Control Officer

11. Requirements Certification:

I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

TROY T. NASH, Civ, NYANG 2 May 2024 Base Equipment Control Officer

12. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The pricing for this requirement was compared to the established current price lists provided at the Spiral 3 Wireless Sharepoint site as well as with that of the previously awarded contract W912PQ-19-F-5024 and found to be reasonable.

PHILIP J. ROTT, MSgt, NYANG 2 May 2024 Contracting Officer

13. Contracting Officer Certification:

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

PHILIP J. ROTT, MSgt, NYANG 2 May 2024 Contracting Officer