CUI_JA25-103 - 842572917_JA_J6 FirstNet_Redacted.pdf

CUI

Wireless Devices and Services for Public Safety Communication for First Responders

Page 1 of 7 Pages Controlled By: DISA Controlled By: PSD/PS8414 CUI Category: PROCURE Distribution/Dissemination Control: FEDCON POC: disa.scott.ditco.mbx.mobility@mail.mil

CUI

JUSTIFICATION & APPROVAL (J&A) FOR FEDERAL ACQUISITION

REGULATION (FAR) SUBPART 16.5 ACQUISITIONS

EXCEPTION TO FAIR OPPORTUNITY

Multiple Award Schedule/Multiple Award Contract (MAC)

Orders under MAC/ Fair Opportunity – FAR 16.505(b), Department of Defense FAR Supplement (DFARS) 216.505(b), Procedures, Guidance, and Information (PGI) 216.505(b)

Purchase Request Number: 842572917 Contract Number: N002424D0005 Task Order Number: To be determined Procurement Title: Wireless Devices and Services for Public Safety Communication for First Responders Estimated Value:

Statutory and Regulatory Authority: 10 U.S.C. 3204(a) and FAR 16.505(b)(2)(i)(B)

Exception to Fair Opportunity Number: JA25-103

Upon the basis of the following justification, I, as Procuring Activity Competition Advocate (PACA), hereby approve this exception to fair opportunity pursuant to the authority of FAR 16.505(b)(2)(i)(B)

1. REQUIRING AGENCY AND CONTRACTING ACTIVITY:

(a) Requiring Agency:

Defense Information Systems Agency (DISA)/Global Services Directorate (J6) 7010 Defense Pentagon, Room 3B288 Washington, D.C. 20301-7010

(b) Contracting Activity:

DISA/Defense Information Technology Contracting Organization (DITCO)/PS8414 2300 East Drive, Building 3600 Scott Air Force Base, Illinois 62225-5406

2. NATURE/DESCRIPTION OF ACTION(S):

(a) The nature of this action is to procure wireless devices and cellular services for reliable and resilient public safety communications services for first responders in support of DISA/J6 and its supporting organizations to include Joint Staff, and Pentagon Force Protection Agency. Through this service, DISA/J6 will ensure constant communication with key defense leaders in times of network congestion.

JA25-103-Wireless Devices and Services for Public Safety Communication for First Responders

Page 3 of 7 Pages

CUI

government personnel. Some of these events include: the September 11, 2001 attacks; 2005 Hurricane Katrina in New Orleans, Louisiana; 2017 Tubbs fire near Santa Rosa, California; 2017 Hurricane Maria in Puerto Rico; 2020 coronavirus disease pandemic; and the 2024 attempted presidential candidate assassination.

Crisis events consistently exposed the vulnerabilities of commercial communication networks, often leading to congestion and hindering the ability of first responders and government personnel to communicate effectively. In response, public safety organizations across the United States (U.S.) identified a need for a dedicated and national high-speed network for first responders.

Recognizing this critical challenge, the U.S. Government established FirstNet in 2012, a dedicated nationwide public safety broadband network overseen by the FirstNet Authority within the Department of Commerce's National Telecommunications and Information Administration. FirstNet stands as the communications channel for public safety, offering a dedicated network core, and a dedicated spectrum on the band 14 LTE spectrum, guaranteeing additional coverage and capacity when it matters most. The FirstNet contract was awarded to AT&T in 2017 as the sole provider and has been launched throughout all the U.S.

and its territories.

b) DISA/J6 requires access to seamless interagency communication to establish direct and reliable communication channels among government agencies: for coordinated and efficient response efforts to avoid network congestion; to ensure uninterrupted communication; and for enhanced national defense preparedness to provide timely and effective aid nationwide during disasters and emergencies.

Given the critical role in supporting national defense efforts, AT&T, through FirstNet, is the only source able to meet the requirements.

(2) Minimum government requirements.

DISA/J6 requires wireless devices and cellular services to ensure reliable public safety communication for first responders, guaranteeing effective and sustained communication during mission-essential, critical, and emergency situations, enabling continuous operations. Specifically, DISA/J6 requires smartphones, Subscriber Identity Modules/Machine-to-Machine cards, and mobile Wi-Fi hotspots. These devices must support tethering without requiring carrier activation both domestically and while utilizing international data features outside the continental U.S. To meet current operational needs and ensure future compatibility, all devices must support a minimum of fourth generation LTE (or higher, including fifth generation where available) with unlimited data and no throttling. Crucially, subscribers require access to a dedicated operations center providing 24/7/365 support for immediate assistance and issue resolution. The selected contractor must also provide compatible alternating current adapters and protective cases for all mobile phones and include device upgrades at the 36-month mark to maintain technological currency and operational effectiveness.

(3) Proposed sole source contractor and demonstration of unique source.

Page 4 of 7 Pages

CUI

AT&T is uniquely positioned to provide the required public safety communication services due to its exclusive access to Band 14, the dedicated wireless spectrum licensed to FirstNet. In March 2017, AT&T was competitively awarded a 25-year contract by the Department of Commerce, following a publicly issued request for proposal, to develop, deploy, and maintain this nationwide public-safety wireless broadband network. This contract grants AT&T exclusive control over Band 14, a resource specifically allocated to support critical public safety communications. No other carrier has access to this dedicated spectrum, meaning AT&T is the only source capable of providing services that fully leverage the enhanced security, priority, and preemption capabilities inherent in the FirstNet Band 14 network. This exclusive access and the associated functionalities are essential to ensuring reliable and resilient communication for first responders during emergency situations, thus justifying a sole source award.

(4) Procurement discussion.

DISA/J6 has been procuring FirstNet services with sole source task orders to AT&T since 2020 under Spiral 3. The office of the Chief Management Officer and the DoD Chief Information Officer has mandated the use of Spiral 4 contract via the signed memorandum on May 23, 2024. While Spiral 4 was awarded to seven contract holders, AT&T remains the only provider that deploys and leverages the capabilities of Band 14. Therefore, to fulfill the essential requirement for Band 14-enabled public safety communication services, this procurement must be executed through AT&T under the Spiral 4 contract.

(5) Impact.

Crisis events consistently expose the vulnerabilities of commercial communication networks, often leading to congestion and hindering the ability of first responders and government personnel to communicate effectively. Recognizing this critical challenge, the U.S. Government set aside Band 14 spectrum specifically for public safety, dedicated when they need it and never competing with commercial traffic.

Without procuring the AT&T FirstNet services, essential communication lines enabling DISA J-6 to facilitate DoD disaster response and recovery efforts would not exist, putting human lives and the war fighter at risk.

5. COST/PRICE FAIR AND REASONABLE DETERMINATION:

All prices set forth in the Spiral 4 contracts and used on individual orders were based on full and open competition, and a price analysis was accomplished. The DoN has already determined the prices of supplies and services to be fair and reasonable. Prices have been established within the basic Spiral 4 IDIQ MAC. Proposed delivery order prices will be compared with the basic contract prices and verified as fair and reasonable in accordance with FAR 15.404-1(b)(2)(ii) & (iv).

6. MARKET RESEARCH:

Page 5 of 7 Pages

CUI

(a) Market research was conducted from January 2025 – July 2025. Information was gathered from a variety of sources to include data from previous acquisitions, reviewing current contracts, personal knowledge in procuring services of this type, DISA market research repository, review of recent market research results for similar services, reviewing existing DISA-wide contract vehicles and other governmentwide Acquisition Contracts and determining potential sources.

(b) Market research was further conducted to determine if another companies’ comparable products and services can meet the Government’s needs. Two wireless carriers were reviewed in January 2025 that provide priority services. The wireless carriers contacted can provide Band 12 or Band 13 Private Network, Private Core and Mobile Broadband Priority. As the Band 14 LTE requirement is only specific to AT&T, the other priority service offerings do not meet the public safety communications services requirement for first responders. It was determined that AT&T was the sole provider of the Band 14 LTE spectrum for FirstNet, the only Band 14 broadband network dedicated to America’s first responders for those within the Government whose roles require access to critical communications in times of emergency.

(c) The next step in the market research was to determine the procurement method. Given results from market research, procurement history, mandated contract source, and the Contracting Officer's assessment, the recommendation is to issue a task order to AT&T under Spiral 4.

(d) Based on the market research, dated July 2025, it has been determined that only the aforementioned FirstNet Band 14 wireless devices and cellular services provided by AT&T, can fully meet the Government’s need. This requirement is for proprietary products and/or product support and no competitor functional replacement products exist in the market at this time to meet the Government's need. The Government will continue to conduct market research to determine if there are changes in the marketplace that would enable future competitive actions, i.e., there are similar products and/or product support in the marketplace that provides the same functionality, the original equipment manufacturer releases ownership rights of the product, or it is economically feasible to procure a new system.

7. ANY OTHER SUPPORTING FACTS:

None

8. ACTIONS THE AGENCY MAY TAKE TO REMOVE OR OVERCOME BARRIERS

THAT LED TO THE EXCEPTION TO FAIR OPPORTUNITY:

(a) Procurement History

(1) Contractor (large): AT&T Contract Number: N0024424D0005

Page 6 of 7 Pages

CUI

Order Number: HC108424F0375 Contract Amount:

Contract Type: Sole source FFP task order under Spiral 4 Period of Performance: September 30, 2024 – September 29, 2025

(2) Contractor (large): AT&T

Contract Number: N0024418D0001 Order Number: HC108423F0320 Contract Amount:

Contract Type: Sole source FFP task order under Spiral 3 Period of Performance: September 30, 2023 – September 29, 2024

(3) Contractor (large): AT&T

Order Number: HC108422F0188 Contract Amount:

Contract Type: Sole source FFP task order under Spiral 3 Period of Performance: September 30, 2022 – September 29, 2023

(4) Contractor (large): AT&T

Order Number: HC108420F0260 Contract Amount:

Contract Type: Sole source FFP task order under Spiral 3 Period of Performance: August 5, 2020 – August 4, 2023, consisting of a one-year base period with three, one-year option periods. Service was transferred under

HC108422F0188.

(b) Throughout the lifecycle under the proposed task order, the Government will perform market research to determine if the current market conditions have altered in any way.

Specifically, information will be requested to determine if the proposed contractor, AT&T, is the only wireless provider with band 14 services for emergency communications.