D.03 SOA Exception to Fair Oppurtunity - MTIP_CUI_Redacted.pdf

CUI//SP-PROCURE//DL ONLY

1b. Justification for Exception to Fair Opportunity

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FRTIB is currently in the process of moving its Networx contracts to Enterprise Infrastructure Solutions managed by the GSA. The FRTIB anticipates posting the solicitation during Q1 FY2021. The FRTIB estimates that it would take at least six months to convert the current service provided by Qwest/Centurylink to another vendor under the EIS contract, as applicable.

The current contract expires on August 22, 2020. FRTIB expects to have the new EIS services in place and operational by Q2 FY2021. The issuance of the solicitation was delayed due to changes in FRTIB’s requirement. FRTIB is pursuing a sole source procurement to Qwest Government Services Inc., Centurylink QGS as it is not feasible to re-compete, award and possibly move service and then to move services again to another contract in November 2020.

Four (4) six (6) month option periods at Monthly Reoccurring Cost (MRC) of per site is for each six month option period. (February 23, 2021- August 22, 2021; August 23, 2021 - February 22, 2022; February 23, 2022 - August 22, 2022;August 23, 2022 - February 23, 2023.)

Total Expected value is $4,972,378.80

4. IDENTIFICATION OF STATUTORY AUTHORITY:

The specific circumstance that justifies restriction for this acquisition is FAR 16.505(b)(2)(B), “Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.”

The current level of service complies with OMB guidance on Trusted Internet Connections in accordance with the Office of Management and Budget (OMB) Memorandum 07-08: TIC Initiative.

FRTIB cannot get procure these services commercially and ensure it meets all of the necessary security requirements in the time frames required to meet operational needs. In addition, the current task order expires on August 22, 2020 and the agency cannot risk having a lapse in service while a new task order is being competed under GSA’s EIS vehicle.

5. DETERMINATION OF FAIR AND REASONABLE COST/PRICE:

The resulting task order price is deemed to be fair and reasonable in accordance with FAR 15.4.

6. ANY OTHER SUPPORTING FACTS:

Per GSA guidance, all Networx orders must migrate to EIS vehicles per a schedule defined by that agency. The FRTIB is diligently working to that extent, and expects migrate prior to the expiration of the Networx contract vehicle and providing fair opportunity to all parties within EIS terms and conditions.

CUI//SP-PROCURE//DL ONLY

1b. Justification for Exception to Fair Opportunity

A.14 v 2.00 2020.02.05

10. APPROVALS

ADDITIONAL APPROVALS

K

Division Chief of

Contracting

[X] APPROVE

[ ] DISAPPROVE

(Signature) (Date)

K t o

M

OTS Office Director

M t o

M Chief Financial

Officer/ Chief

Acquisition Officer