Exception to Fair Opporunity_Redacted.pdf

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JUSTIFICATION FOR EXCEPTION TO FAIR OPPORUNITY

FOR A MULTIPLE AWARD CONTRACT ORDER (MAC)

>$10,000 but not exceeding the Simplified Acquisition Threshold (SAT)

1. Nature/Description of Contract Action. The service or material listed on the statement of work of this acquisition is a limited source action to be awarded as a new task order and/or modification of an existing order to the other than small business identified in paragraph (2) below. The placement of a firm, fixed price order is anticipated.

2. Limited to the following source(s). The proposed acquisition is to AT&T to increase wireless coverage and upgrade 205 iPhone devices. It is intended to upgrade 205 iPhone devices and acquire 92 cradle point routers with unlimited data services plans for the duration of 1 year commencing on 26 September 2022 which is compatible with currently provided services provided through the Spiral III Wireless Services Contract by AT&T. The estimated value for the acquisition is $215,022.05.

3. Identification of the justification rationale. The statutory authority which permits not providing each awardee a fair opportunity to be considered for each order exceeding the micro-purchase issued under a multiple award contract is 10 U.S.C. 2304c, as implemented by FAR 16.505(b)(2). The justification for limiting sources is FAR 16.505(b)(2)(iii), the order must be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

This requirement is a follow-on order which is a new procurement placed augment and expand the current service and devices.

AT&T is the current service provider to support cellular service for Maximo Anywhere (SD 2 initiative) devices for NAVFAC. Current similar requirements are being fulfilled on three task orders on the Spiral III contract which were all competitively awarded to AT&T. This acquisition is a logical follow-on to the three task orders that were competitively procured. The router devices with unlimited AT&T data service are required to enhance the coverage of our sites based on their sole compatibility with the AT&T equipment that has been installed. Having multiple wireless providers providing data services to the router devices will not provide sufficient enhancement of services because it will not work with the installed AT&T equipment in our buildings and work sy i tically with the AT&T services currently being provided. AT&T data services and provided Cradle Point routers have been tested and approved for use by Naval Facilities Engineering Systems Command (NAVFAC) CIO2. AT&T has special expertise in this area and contracts with all branches of the Armed Forces and DISA. They have well-established processes and provide top-tier service. The router devices allow up to 50 users to access the router for phone calls, emails, system updates and access to DoD Flank Speed applications like Microsoft Teams as well as other DoD systems and accomplish work functions in remote areas currently without sufficient connectivity.

This acquisition and the three existing task orders will be reprocured in one year. When these requirements are reprocured, all Spiral III holders will be given fair opportunity under the competitive acquisition. This exception has not been used before.

4. Specific characteristics of the material or service that limit the availability to this/these source(s) (unique features, function of the item, etc.). Describe in detail why only this/these suggested source(s) can furnish the requirements to the exclusion of other sources.

AT&T is the current service provider to support cellular service for Maximo Anywhere (SD 2 initiative) devices for NAVFAC currently being fulfilled on three task orders on the Spiral III contract by AT&T.

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The router devices require they are supported with AT&T data service to enhance the coverage of NAVFAC sites especially to remote areas based on AT&T equipment and coverage that has been installed and provided.

5. Provide a description of the market research conducted among schedule holders and the results OR a statement of the reason market research was not conducted.

Market research was not conducted due to the requirement that the services be compatible with expanding services to current AT&T devices only being able to be provided by the same service carrier.

6. Other information to support a limited source buy: This procurement uses a MAC and will be solicited and awarded in accordance with FAR Subpart 16.5.

7. TECHNICAL OR REQUIREMENTS CERTIFICATION:

I CERTIFY THAT THE FACTS AND REPRESENTATIONS UNDER MY COGNIZANCE WHICH

ARE INCLUDED IN THIS JUSTIFICATION, WHICH FORM A BASIS FOR THIS JUSTIFICATION,

ARE COMPLETE AND ACCURATE.

Printed Name: Signature:

Title: Date:

CONTRACTING OFFICER CONCURRENCE

Printed Name: Signature:

Title: Date: