SPIRAL 4_Exception to FO_NSWCEN_Redacted.pdf

NAVSUP Spiral 4 Wireless

JUSTIFICATION FOR EXCEPTION TO FAIR OPPORUNITY

FOR A MULTIPLE AWARD CONTRACT ORDER (MAC)

Above the Simplified Acquisition Threshold (SAT)

1. IDENTIFICATION OF AGENCY AND CONTRACTING ACTIVITY: This is a Limited Source Justification.

The requiring activity is the Naval Special Warfare Center (NSWCEN); the contracting activity is N01C-1.

2. NATURE/DESCRIPTION OF CONTRACT ACTION: This acquisition is conducted under the authority of 10 U.S.C. 2304a through 2304d. This is a limited source action to be awarded as a new task order and/or modification of an existing order to AT&T identified in paragraph 3 below. The placement of a firm, fixed price order is anticipated.

3. DESCRIPTION OF REQUIRED SUPPLIES/SERVICES: The proposed acquisition is to acquire wireless telecommunications services for Smartphones and MiFi units for NSWCEN Headquarters Staff, subordinate Command Staff, and Ranges Staff. Services include nationwide (aka domestic/CONUS) and international (OCONUS) voice, texting, and data plans.

The Period of Performance (PoP) is for a base plus four one-year option periods.

The five-year total estimated value is

4. IDENTIFICATION OF THE JUSTIFICATION RATIONALE AND/OR DEMONSTRATION OF CONTRACTOR’S UNIQUE QUALIFICATIONS: The statutory authority which permits not providing each awardee a fair opportunity to be considered for each order exceeding $10,000 issued under a multiple award contract is 10 U.S.C. 2304c, as implemented by FAR 16.505(b)(2) and, for orders exceeding $250,000, DFARS 216.505-70(b)(2).

Reasons for not providing a fair opportunity to all awardees:

(ii) 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.

NAVSUP Spiral 4 Guidance (Mandatory Ordering Guide V 1.1) states that, “When FirstNet services are authorized, FirstNet Task Orders shall be awarded noncompetitively to AT&T”. (Reference ALLNAV Message R121659Z Feb 19)

First, NSWCEN requires FirstNet coverage to ensure services during high-risk training evolutions.

1. **Reliable Communication**: FirstNet ensures uninterrupted and prioritized communication. This is critical for NSWCEN, whose mission is to produce the next generation SEALs and SWCCs. In order to ensure coordination and safety during high risk advanced training and requisite core skills set training, all devices must provide reliable service during evolutions. Training scenarios include fire simulations, hazardous material handling, and active shooter drills. Locations include NSW ranges, remote training areas, and support facilities.

2. **Real-time Data Sharing**: NSWCEN’s mission requires the sharing of real-time data, to include; live video feeds, GPS location tracking, and monitoring. FirstNet services are crucial for assessing trainee performance and to ensure safety. Real-Time data sharing allows NSWCEN to track of students during high risk training evolutions in austere locations. These locations include remote areas such as . FirstNet’s Real-time data sharing also allows

Monitors, an essential piece that support NSWCEN’s mission, allowing critical monitoring health conditions of students and staff.

3. **Rapid Response**: FirstNet's dedicated network ensures that in the event of an actual emergency arising during training, help can be summoned and coordinated much more efficiently. This is part of NSWCEN’s mission “Primary, Alternate, Contingency, and Emergency” (PACE) plan to ensure rapid response for the safety and care for students and staff members at NSWCEN during high risk training evolutions.

Second, NSWCEN requires reliable services in FirstNet covered remote locations:

1. **Emergency Preparedness**: In areas with limited cell service, FirstNet ensures that first responders and emergency personnel can still communicate effectively during crises, which is vital for NSWCEN safety.

NSWCEN remote/austere locations outlined in the SOW include -irstNet is the only carrier with reliable cellular coverage at these locations.

AT&T FirstNet will allow for Reliable Communications, Emergency Preparedness, and Rapid Response in support of NSWCEN.

5. DETERMINATION OF THE BEST VALUE: The contract did establish the prices for the service to be fair and reasonable. The NSW N01C-1 Contracting Officer will determine, using the procedures in FAR 15.4, that the order represents the best value to meet the Government's needs.

6. DESCRIPTION OF MARKET RESEARCH: The requiring activity and contracting activity have conducted market research among the multiple award contractors. See section 4 above the findings of that market research.

The requiring activity certifies that the requirement can be met by commercial services and provides supporting documentation which is included in the contract task order file.

7. ANY OTHER SUPPORTING FACTS: This procurement uses a MAC and will be solicited and awarded in accordance with FAR Subpart 16.5.

8. ACTIONS TAKEN TO REMOVE BARRIERS TO COMPETITION: All future requirements will be handled on a case-by-case basis.

9. CONTRACTING OFFICE POINT OF CONTACT: The point of contact is:

Contracting Office: Naval Special Warfare (NSW) Name: Pamela Sons E-Mail Address: pamela.h.sons.civ@socom.mil