Updated CD-492 - Viavi RanLoad 5G Upgrade signed (002).pdf

FORM CD-492 U.S. DEPARTMENT OF COMMERCE

(REV. 02-21) OAM

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

I recommend that the Department of Commerce negotiate only with

(Proposed Contractor(s)) for

(Description of Supplies or Services)

Requisition No. Cost Estimate $

(Include basic contract period and all options or total systems life costs)

Requesting Activity Contracting Activity

CERTIFICATION REQUIREMENTS

I certify that the attached narrative justification is accurate and contains complete data necessary to support the recommendation for other than full and open competition.

The requisitioner further certifies that the attached narrative justification verifies the Government's minimum needs or schedule requirements and any rationale used to justify other than full and open competition procedures.

Requisitioner (Name and Title) Signature Phone No. Date

Use of this form is optional when: the justification contains all information required by FAR 6.303-2, is certified by the requisitioner and contracting officer and is approved at the appropriate levels.

Before requesting this acquisition, state the statutory authority for conducting this acquisition under "other than full and open competition" procedures in the following blank (use only one statutory authority). Also provide a narrative justification to this form. In accordance with FAR Subpart 6.3, the narrative justification must include the facts necessary to reasonably and legitimately lead to the use of the specific authority for other than full and open competition; including adequate information on the nature and/or description of the action being approved and a description of the supplies or services required to meet the agency's needs.

STATUTORY AUTHORITY

41 USC 3304(a)(1) - Only one responsible source and no other supplies or services will satisfy agency requirements.

The supplies or services required by the agency are available from only one responsible source and no other type of supplies or services will satisfy agency requirements.

41 USC 3304(a)(2) - Unusual & compelling urgency

The agency's need for the supplies or services is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. (NOTE: This authority will not be approved if it is determined that the urgency is due to a lack of advance planning by the requiring activity. Solicitation from as many potential sources as is practicable under the circumstances is required.)

41 USC 3304(a)(3) - Industrial mobilization; engineering, developmental, or research capability; or expert services

It is necessary to award the contract to a particular source or sources in order (a) to maintain a facility, producer, manufacturer, or other supplier available for furnishing supplies or services in case of a national emergency or to achieve industrial mobilization; (b) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or (c) to acquire the services of an expert or neutral person for any current or anticipated litigation or dispute.

41 USC 3304(a)(4) - International agreement The terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the agency for the cost of the acquisition of the supplies or services for such government, have the effect of requiring the use of procedures other then competitive procedures.

41 USC 3304(a)(5) - Authorized or required by statute

A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency's need is for a brand-name commercial item for authorized resale.

41 USC 3304(a)(6) - National security The disclosure of the agency's needs would compromise the national security unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

41 USC 3304(a)(7) - Public interest

The agency head (Secretary of Commerce) determines that it is not in the public interest to use full and open competition in the particular acquisition concerned, and notifies Congress in writing of such determination not less than 30 days before award of the contract.

APPROVAL REQUIREMENTS

Contracting Officer (CO) Signature Phone No. Date

Operating Unit (OU) Competition Advocate - Not exceeding $750,000:

OU Competition Advocate (Name and Title) Signature Phone No. Date

Department of Commerce (DOC) Competition Advocate - Over $750,000 but not exceeding $75 million:

DOC Competition Advocate (Name and Title) Signature Phone No. Date

Senior Procurement Executive (SPE) - Over $75 million:

SPE (Name and Title) Signature Phone No. Date

NOTE: Use the total cost estimate specified on the front of this document in determining the necessary approvals. Each review must be preceded by lower level approval(s), e.g., over $75 million all approvals are required.

Untitled note: Boulder FirstNet Laboratory procured and awarded Viavi Solutions for a RAN Load Tester (E500-D) on 09/08/2017, FN130117SU0021. FirstNet Laboratory has a need to upgrade the software/hardware of this RAN Load Tester to enhance capabilities for QoS/QPP scenario based testing for Public Safety. Currently we are limited to 4G-LTE 6000 subscribers & 4 Radio Frequency Carriers, which limits generation of access loading QoS/QPP features for Public Safety scenarios. This software license upgrade will provide the capabilities to support up to 6000-4G-LTE and 9600 5G subscribers & 6 Radio Frequency Carriers to generate additional RAN Load features and capabilities.

National Public Safety Network (NPSBN) is built by AT&T and Boulder FirstNet Laboratory provides an oversight and demonstration capabilities for NPSBN. FirstNet purchased and awarded (AA-NTI-SE-O-17-01443) Aeroflex/Cobham RAN load test tool in Sept 2017 for $744,964.00 USD.

FirstNet then upgraded license for 3000 users for $72,000.00 with a sole source justification submittal award ( AA-NTI-SE-O-18-01921)

This software license upgrade is proprietary to Viavi, and the RAN Load Tester will only operate with this software license. No other supplier can provide this software license upgrade capabilities for this equipment.

AT&T, First Responder Network Authority has been using Viavi RAN load tool and this is the only tool commercially available that can perform load testing on NPSBN built by AT&T.

We would either have to proceed with the system,as is , and not be able to test with the additional capacity which testing requires.

Or we would have to replace the whole configuration, hardware & software, with a completely new product/supplier.

Cost to replace the current RAN Load tester with hardware and upgraded software license: (744,964+72,000+259,999) $1,076,963 + Cost for lab staff to test/troubleshoot using other vendor software license: not possible as there are no alternate vendors that provide NPSBN network congestion.

Cost from vendor to train lab staff on new equipment/software: not possible as there are no alternate vendors that provide NPSBN network congestion.

We need to have a commercially available tool that has been tested on NPSBN network and provide 6000 users with NPSBN capability to perform RAN loading. Replacing current system would add unnecessary cost and schedule for installation, commissioning, integration and conformance testing with NPSBN network. Cost for integration would be at least 2FTE for 1 year dedicated to this effort. Estimated cost $500,000

Addendum: This procurement is designated for a specific brand name only. While the requirement is proprietary, the Contracting Officer's market research indicates alternative procurement sources through the OEM may be available. The mission unit fully supports the Contracting Officer's endeavor to secure the requirement efficiently, aiming to enhance competition opportunities.

This procurement is for a data center cabinet that includes all necessary parts, hardware, and software for testing, monitoring, reporting, and troubleshooting. Additionally, there is a service and maintenance component for both the hardware and software, including upgrades, all of which must be exclusively brand name products from Viavi due to proprietary reasons.

Furthermore, in an effort to explore all available options and ensure fair and reasonable pricing, the Contracting Officer (CO) conducted extensive market research utilizing multiple channels. The CO initially examined historical procurement data, noting that a similar RAN Load Tester had previously been acquired in September 2017 under contract FN130117SU0021 for $744,964.00. Adjusting for inflation using the Bureau of Labor Statistics (BLS) inflation calculator, the estimated cost for the same purchase today would amount to approximately $946,369.49. The Mission Unit’s independent government estimate aligns closely with this inflation-adjusted figure, valuing the procurement at $900,000. Given this analysis, the CO determined that the proposed price remains fair and reasonable for the government.

In addition to historical pricing analysis, the CO conducted market research through various government contracting platforms, including NASA SEWP and DHS’ TacCom II vendors. Despite issuing solicitations with a 100% small business set-aside, no quotes were received. Subsequent research on the OEM’s website identified potential suppliers, both small and large businesses. However, following the issuance of another solicitation with a 100% small business set-aside, no vendors, regardless of size, expressed interest or submitted quotes. These efforts demonstrate the thorough exploration of available sources and the challenges encountered in securing competitive bids for the required RAN Load Tester.

The Contracting Officer and FirstNet will continue to conduct market research for RAN Load Testers (data center cabinets) that not only meet but also exceed the needs of the Mission Unit. Comparing findings with the Mission Unit and evaluating competition and existing barriers will help eliminate future barriers.