CD-492 Attachment 1_ATP.pdf

Justification for Other than Full and Open Competition – FAR Part 13 Acquisitions under the SAT

CD-492 Attachment 1

Subj: JUSTIFICATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

3. Furthermore, FAR 13.501(a)(ii) states that the justification requirements at 6.303-2 are to be used and modified to reflect the procedures in FAR subpart 13.5, however this procurement uses FAR 13 vice FAR subpart 13.5 and therefore the criteria at FAR 13.106-3(b)(3)(i) is satisfied below.

II. DESCRIPTION OF ITEM OR SERVICE:

FirstNet requires a 1-year hardware and automation tool software support agreement that begins on 8/19/2024. This support was previously purchased under current contract 1333P220C00000011. The renewal will allow for continuity of automated sanity testing as part of Boulder FirstNet Lab testing of public safety scenarios and features. It will enable the FirstNet lab to automate the eNB sanity check as well as repetitive feature tests thereby increasing the testing efficiency. An "eNB sanity check" refers to a series of diagnostic tests and verifications performed on an eNodeB, which is the hardware that forms the main component of a cell tower in a 4G LTE network. The "eNB" stands for evolved Node B. The purpose of a sanity check is to ensure that the eNodeB is operating correctly and efficiently before it goes live or continues operation.

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. X ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. ___ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. X EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

The most current market research shows that the system is proprietary to Mobile Experience, it is the OEM and subsequently the only authorized provider of the product as attested to in the accompanying OEM Certification Letter.

The benefits associated with contracting to the OEM often 1) ensures quality assurance - OEMs have intimate knowledge of their products, ensuring repairs meet original specifications; 2) authentic parts – OEMs use genuine parts, maintaining the integrity of the product or system; 3) technical expertise – OEMs have specialized knowledge, providing efficient and accurate repairs; 4) warranty considerations – OEM repairs often preserve existing warranties to the product or system; 5) compatibility – OEM repairs guarantee compatibility, reducing the risk of issues post-repair; and 6) product longevity – OEM repairs typically extend the lifespan of the product or system.

Specifically, the software is required to provide continuity of system sanity checks. Sanity checks include:

1. Hardware Checks: Ensuring that all physical components of eNodeB are functioning properly.

2. Software Checks: Verifying that the firmware and software on the eNodeB are up to date and without errors.

3. Connectivity Tests: Checking connections to the core network and other eNodeBs to ensure that there are no disruptions or issues in data transmission.

4. Performance Checks: Testing the speed and reliability of the connection provided by the eNodeB to ensure it meets the required standards.

These checks are crucial for maintaining the reliability and quality of service of the 4G LTE network. The disruption of routine sanity checks on eNodeBs can significantly impact the performance and reliability of a mobile network. If these checks are interrupted, the network may experience increased failures due to undetected issues in hardware or software that could have been addressed early.

This can lead to a degraded user experience, characterized by slower data speeds, increased latency, and a higher rate of call drops, ultimately affecting customer satisfaction and trust. Additionally, operational inefficiencies can arise as small, manageable problems accumulate, becoming more complex and costly to resolve later. Regular sanity checks also include security audits; without these, security vulnerabilities could remain unnoticed, exposing the network to cyber threats and jeopardizing user data.

Relevant to FirstNet, reliable network connectivity is crucial for emergency services; any compromise in network integrity can severely impact emergency communications, potentially leading to critical delays and consequences.

Therefore, maintaining continuous sanity checks is essential to ensure stable network operations, provide a secure and efficient service to users and ensure the successful execution of FirstNet’s mission.

3. ___ OTHER REASONS.

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

C. ___URGENT AND COMPELLING. The supplies or services are of such 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. Urgent requirements are supplies or services that will result in a work stoppage or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

3. Explanation of why delivery/commencement of services by the date mentioned above is required:

4. If appropriate, include any additional pertinent information.