FAR 8.4 FirstNet JA 25-005 Redacted.pdf

Justification and Approval No: JA25-005

V 1.4 (29 Nov 2023)

MEMORANDUM TO THE FILE

Subj: FAR SUBPART 8.4 LIMITED SOURCES JUSTIFICATION

I. BACKGROUND:

A. Federal Acquisition Regulation (FAR) 8.405-6, Limiting Sources, states that orders placed or Blanket Purchase Agreements (BPAs) established under Federal Supply Schedules are exempt from the requirements in FAR Part 6, Competition Requirements. However, an ordering activity must justify its action when restricting consideration. This memorandum documents the justification for limiting sources, in accordance with FAR 8.405-6(c).

B. This acquisition is conducted under the authority of the Multiple-Award Schedule (MAS) Program (see FAR 8.401).

C. For a proposed order or BPA exceeding the simplified acquisition threshold (SAT), the requiring activity shall assist the ordering activity contracting officer in preparation of the justification, in accordance with FAR 8.405-6(c)(1).

II. IDENTIFICATION OF THE AGENCY AND CONTRACTING ACTIVITY:

This acquisition is being conducted by the Department of the Navy, under the Headquarters Marine Corps, Installation and Logistics (HQMC, I&L) Head of the Contracting Activity (HCA).

The executing contracting office is Marine Corps Installation Command (MCICOM) Headquarters (HQ) Contracting, in Arlington, VA.

III. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

This acquisition is conducted under the authority of the MAS Program, Title 41 U.S.C. 152(3), Competitive Procedures, and Title 40 U.S.C. 501, Services for Executive Agencies.

The action being approved is the award of a sole source General Services Administration (GSA) Schedule task order to AT&T to provide professional services in support of MCICOM G6. As further detailed in Section V, this award is necessary to ensure continuity of mission-critical telecommunications and network infrastructure support.

This acquisition will utilize AT&T’s GSA MAS contract (47QTCA18D00JG), under GSA MAS Special Item Number (SIN) 54151S to streamline procurement and ensure timely execution of required services.

FAR Subpart 8.4 Limited Sources Justification

IV. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S

NEEDS (INCLUDING THE ESTIMATED VALUE):

MCICOM Installation Communication Directorate (G-6) is responsible for the policy, planning, programming, maintenance, sustainment, modernization, and compliance of the telecommunication and information technology (IT) capabilities that reside within MCICOM's subordinate commands. These capabilities include installation telecommunication infrastructure and IT systems supporting functional mission area communication requirements that consist of voice, video, data information services, this includes military command and control, secured and non-secured systems supporting federal and non-federal entities and first responders.

Per All Navy (ALNAV) 012/19, MCICOM is responsible for providing the Marine Corps FirstNet services to Marine Corps installations in support of public safety and emergency response efforts. Currently, in conjunction with MCICOM G3, MCICOM G6 plans, programs, procures, and manages the Marine Corps FirstNet requirements and associated level of service.

MCICOM G6 is responsible for funding the requirement and for contracting the fulfillment of the requirement. MCICOM is migrating away from handheld radios used by emergency services personnel to a fully integrated FirstNet solution.

The First Responder Network Authority for the Nation’s First Responders awarded a FirstNet contract to AT&T for a period of 25 years. Additionally, MCICOM G6 is contracted with AT&T to utilize FirstNet devices such as tablets, cell phones, and hand-held devices on the AT&T FirstNet network. MCICOM G6 also contracts with AT&T to manage the mobile devices running on the FirstNet network.

In keeping with ALNAV 012/19, MCICOM, through MCICOM G3 and G6, is required to accelerate and expand FirstNet implementation. To do so, MCICOM G6 requires professional support in the areas of project management, operational requirements analysis and advisement, and regional technical management of the FirstNet implementation and associated operational configurations.

Operation and Maintenance Marine Corps funding will be used for this effort. The proposed contract length is a twelve-month base period, estimated to begin in July 2025 and running through July 2026, and four one-year option periods. If all options are exercised, the period of performance will run through July 2030 or through January 2030 if the 6-Month Extension is exercised.

The estimated contract value is and is broken down as follows.

Base

Period

(FY 25)

Option Year 1

(FY 26)

Option Year 2

(FY 27)

Option Year 3

(FY 28)

Option Year 4

(FY 29)

6-Month Extension

(FY 30)

V. THE DETERMINATION TO LIMIT SOURCES IS BASED ON THE FOLLOWING AUTHORITY

AND SUPPORTING RATIONALE:

A. ___ AN URGENT AND COMPELLING NEED EXISTS, AND FOLLOWING THE

PROCEDURES IN FAR 8.405-2 OR 8.405-3 WOULD RESULT IN UNACCEPTABLE

DELAYS (FAR 8.405-6(a)(1)(i)(A)):

B. _X_ ONLY ONE SOURCE IS CAPABLE OF PROVIDING THE SUPPLIES OR SERVICES

REQUIRED AT THE LEVEL OF QUALITY REQUIRED BECAUSE THE SUPPLIES OR

SERVICES ARE UNIQUE OR HIGHLY SPECIALIZED (FAR 8.405-6(a)(1)(i)(B))

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.

PUBLIC LAW 112-96, the Middle-Class Tax Relief and Job Creation Act of 2012, established the First Responder Network Authority as an independent authority within the Commerce Department's National Telecommunications Interagency to provide emergency responders with the first, high-speed, nationwide wireless network dedicated to federal, state/local/tribal, and territorial public safety.

MCICOM is directed by the Secretary of the Navy (ALNAV 012/19) to deploy FirstNet within each of the Marine Corps Installations. FirstNet is not a publicly available cellular service, but a proprietary wireless communications service for First Responders offered by AT&T. The First Responder Network Authority for the Nation’s First Responders awarded FirstNet to AT&T for a period of 25 years.

MCICOM has deployed FirstNet cellphones, tablets, and associated service plans throughout the Marine Corps. An additional push to talk devices will be deployed to both Marine Corps Recruit Depot San Diego and Parris Island.

To fully adhere to the ALNAV 012/19, MCICOM must continue to expand the FirstNet program at Marine Corps Installations. MCICOM seeks the capability to plan, program, account, configure, and manage all Marine Corps FirstNet matters to include all devices, applications, and services associated to each of the Marine Corps Installations, Support Facilities, and unique locations that the Marine Corps utilizes. These include facilities where the Marine Corps has specified billets, vehicles, and operation centers charged with the responsibility and liability of providing or supporting Marine Corps public safety services.

More specifically, ALNAV 012/19 also charges MCICOM with ensuring policies to address procurement and operational management of FirstNet subscriptions to include performing specific needs assessments and gap analyses to determine the availability and coverage of

. These assessments and analyses will form the foundation of the expansion of the MCICOM FirstNet program and will drive future programming, budgeting, and execution of the FirstNet Program. AT&T possesses the technical expertise to thoroughly assess existing government and FirstNet capabilities. Based on the assessment results, AT&T can determine if existing solutions eliminate or reduce deficiencies or if a new solution will need to be engineered. Further, as the owners and operators of the FirstNet network, AT&T provides FirstNet configuration management, transition management, operational oversight and continuous process improvement.

Since this technical expertise is not resident within the current MCICOM civilian billet or contractor support umbrella, MCICOM G6 seeks the use of a GSA MAS contract (47QTCA18D00JG) supporting information technology professional services that would fit MCICOM’s desired labor categories.

To achieve this goal, MCICOM requires professional expertise within the FirstNet domain.

Since AT&T is the sole provider for FirstNet, they have direct access to the FirstNet domain, appropriate management tools, and in-house expertise to promote AT&T FirstNet configuration changes for a swift transition for the Marine Corps into the FirstNet solution.

Furthermore, by utilizing an AT&T representative at the enterprise and regional level, the MCICOM G6 can assist in program development, develop gap solutions to correct capability gaps identified in the assessment, analysis, and expansion of FirstNet solution.

For instance, transitioning from the existing land mobile radio solution to FirstNet requires all parties to include other federal, state, local municipalities that are either supported or supporting mutual aid services through their existing agreements. These solutions could fall into areas such as physical, procedural, training, technological, or other related requirements to progress in the transition. Regardless of the solution type, each AT&T subject matter expert can reach back into AT&T’s FirstNet Team to identify, coordinate and/or resolve transitional issues or technical solution development.

Should AT&T not be awarded the professional service contract, MCICOM FirstNet program is at risk of not meeting the mandate of ALNAV 012/19 with regards to full implementation of FirstNet at Marine Corps Installations. As each of the Marine Corps Installations have established mutual aid support agreements with local first responders (such as municipal police and fire departments) allowing the Marine Corps First Responders (on/off the installation) to receive/provide support for emergency/non-emergency events, the risk of not meeting the mandate places the victims and the responders at risk of unnecessary harm or delays in care.

C. ___ IN THE INTEREST OF ECONOMY AND EFFICIENCY, THE NEW WORK IS A

LOGICAL FOLLOW-ON TO AN ORIGINAL FEDERAL SUPPLY SCHEDULE ORDER

(FAR 8.405-6(a)(1)(i)(C)):

D. ___ ITEMS PECULIAR TO ONE MANUFACTURER (FAR 8.405-6(b)):

VI. DETERMINATION THAT THE ORDER OR BPA REPRESENTS THE BEST VALUE:

The Contracting Officer has determined that the order or BPA covered by this justification will represent the best value to the Government. Fair and reasonable pricing will be determined in accordance with Department of Defense Class Deviation 2014-O0011, Determination of Fair and Reasonable Prices When Using Federal Supply Schedule Contracts, using the proposal analysis techniques at FAR 15.404-1, Proposal Analysis Techniques.

VII. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE

HOLDERS:

Additional market research is not being conducted because the Nationwide Public Safety Broadband Network, known as FirstNet, is a congressionally mandated, sole-source capability awarded to AT&T through a 25-year exclusive contract with the First Responder Network Authority (FRNA). This contract was awarded in 2017 via full and open competition and designates AT&T as the only authorized provider of FirstNet services, devices, and subscriptions across the United States and its territories.

The FirstNet network operates on spectrum—licensed solely to the FRNA by the Federal Communications Commission—and is not accessible by any other broadband carrier.

FirstNet’s suite of capabilities, including guaranteed priority and preemption, encrypted end-to-end communications, deployable network assets, and integration across federal, state, and local agencies, are not replicated by any other vendor. While other carriers may claim similar functionality, real-world events have consistently demonstrated that only AT&T can meet the full technical, operational, and policy requirements of FirstNet.

Because this is a legally exclusive and proprietary service, any vendor other than AT&T would be unable to provide the required support without subcontracting to AT&T, thereby introducing inefficiencies, delays, and barriers to execution. Conducting additional market research would not yield alternative sources capable of meeting the Marine Corps’ requirements, and as such, would be an unnecessary use of time and resources.

VIII. ACTIONS TAKEN TO REMOVE OR OVERCOME BARRIERS:

For the reasons set forth in Section III, the activity has no plans at this time to take action to eliminate the barriers that led to restricted consideration for the types of supplies/services covered by this justification; however, this will be reassessed during follow-on acquisition planning.