Exception to Fair Opportunity under SAT_Part 16 - dark fiber SIGNED - 2023 08 10.pdf

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY

FOR REQUIREMENTS EXCEEDING THE MICRO PURCHASE THRESHOLD BUT NOT EXCEEDING THE

SIMPLIFIED ACQUISITION THRESHOLD

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Any order exceeding the simplified acquisition threshold placed against a multiple award contract, including any

Governmentwide acquisition contract (GWAC) that does not provide for fair opportunity (see FAR 16.505(b)(1)) must be justified in accordance with FAR 16.505(b)(2)(ii). For acquisitions exceeding the micro purchase threshold but not the simplified acquisition threshold, this template may be used for this purpose. Note that no justification is needed when fair opportunity will be restricted based on small business set-aside.

1. Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for Exception to Fair Opportunity for Requirements NOT Exceeding the Simplified Acquisition Threshold".

Contracting Activity Processing the Requirement: Office of Acquisition and Relocation Management (FA)

Name of Organization Originating the Requirement: TIO

Identification Number (purchase request/solicitation number): D-23-TC-0255

2. The nature and/or description of the action being approved (e.g., new award, modification, follow-on to previous procurement, et.al.).

Annual renewal of the Lumen/Century Link optical ring that supports Northern Virginia.

3. A description of the supplies or services required to meet the agency's needs and estimated value.

This is a sole source request for the annual renewal of the Lumen/Century Link optical fiber ring. DEA currently leases an optical fiber ring that connects five DEA sites in Northern Virginia.

Total estimated value inclusive of all options: $170,769.96

Period of performance or final delivery date: 9/1/2023 - 8/31/2024

4.

a. Authority: FAR 16.505 (b)(2)(ii)(A)

b. Basis for exception to Fair Opportunity

c. If applicable, explain the justification for restricting competition: the supporting rationale, including a demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the exception cited. If the contracting officer uses the logical follow-on exception, the rationale shall describe why the relationship between the initial order and the follow-on is logical (e.g., in terms of scope, period of performance, or value).

Lumen/Century Link owns the optical ring which is leased to DEA to provide data transport to five sites in Northern Virginia.

Or:

https://www.acquisition.gov/content/part-16-types-contracts#i1104008 https://www.acquisition.gov/content/part-16-types-contracts#i1104008

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d. Brand Name: Item peculiar to one manufacturer: (A brand-name item, even if available on more than one contract, is an item peculiar to one manufacturer. Brand-name specifications shall not be used unless the particular brand-name, product, or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs):

5. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

This is a sole source procurement.

6. Any other facts supporting the justification.

There are no other facts supporting this justification.

7. A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the exception to fair opportunity before any subsequent acquisition for the supplies or services is made.

To promote competition, TC continually research and test new hardware and alternatives as they become available on the market.

C O N T I N U E D O N N E X T P A G E

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Certifications

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Official ____________________________________ Date _______________

Signature & Title

“I hereby certify that the description of the requirement meets the Government’s minimum needs and that the technical data and supporting information, which form the basis for this Justification for Other than Full and Open Competition, are accurate and complete to the best of my knowledge and belief".”

I hereby certify that I have no financial interests of the sort addressed in subpart D of 5 CFR § 2635 that may give the appearance of a conflict of interest in regards to this Justification.

I hereby certify that I have no personal or business relationships or interests of the sort addressed in 5 CFR §

2635.502 that may give the appearance of a conflict of interest in regards to this Justification.

Requesting Office Technical Point of Contact ____________________________________ Date _______________ Signature & Title

“I hereby certify that this Limited Source Justification is accurate and complete to the best of my knowledge and belief.”

Contract Specialist ____________________________________ Date _______________ Signature

Contracting Officer ____________________________________ Date _______________ Signature

“I have reviewed the subject contract action and find it legally sufficient for award.

CC Legal Counsel ____________________________________ Date _______________ (if over $750,000) Signature https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-E/section-2635.502 https://www.ecfr.gov/current/title-5/chapter-XVI/subchapter-B/part-2635/subpart-D?toc=1

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Reviews and Approvals

Competition Advocate ____________________________________ Date _______________

Chief, FAC ____________________________________ Date _______________

Bureau Procurement Chief (if over $750,000 ____________________________________ Date _______________ per JAR 2806.304) Signature

Head of the Contracting ____________________________________ Date _______________ Activity (if over $15M) Signature

Senior Procurement Executive (if over $75M) ____________________________________ Date _______________ Signature https://www.ecfr.gov/cgi-bin/text-idx?SID=2a2e815080eb0d8886542a3d1645cf13&mc=true&node=pt48.6.2806&rgn=div5#se48.6.2806_1304