HM047623F0139 Justification for Exception to Fair Opportunity Part 16.505_v3.0.pdf

UNCLASSIFIED

AFD—AC/ACP/OCS WEBPAGE/CONTRACT POLICY/WEBPAGE CONTENT/MENU BAR-ACQUISITION TOOLS/TEMPLATES

JUSTIFICATIONS INCLUDING J AND A’S/ JUSTIFICATION FOR EXCEPTION TO FAIR OPPORTUNITY PART 16.505_V3.0 PAGE 1 OF 3

SUBJECT: JUSTIFICATION—EXCEPTION TO FAIR OPPORTUNITY CONSIDERATION

REFERENCE: Pursuant to FAR Subpart 16.505(b)(2)(ii)(B) for Orders Exceeding the Simplified

Acquisition Threshold (SAT)

1. IDENTIFICATION OF AGENCY AND THE CONTRACTING ACTIVITY:

NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY (NGA), OFFICE OF CONTRACT SERVICES (OCS), 7500

GEOINT DRIVE, SPRINGFIELD VA 22150.

2. NATURE OR DESCRIPTION OF THE ACTION REQUESTED FOR APPROVAL.

NGA is required to order communication services from the Navy Supply Systems Command (NAVSUP)

Spiral III IDIQ. NGA’s Security & Installations (SI) directorate requires communication services on the

Nationwide Public Safety Broadband Network (commonly known as FirstNet) for operational and mission requirements IAW title 47 Sec 6202 of Public Law 112-96. Market research with Department of

Commerce found that only AT&T offers voice and data services on FirstNet. This unique source capability is result of a full and open competition process awarded by the Department of Commerce to

AT&T.

3. DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS (INCLUDING THE

ESTIMATED VALUE).

NGA will award a 1-year task order to AT&T to include FirstNet Service Plans listed in Table 1 and hardware needed to integrate ROIP and CRD capabilities into FirstNet. The total estimated value of the

1-year task order for services and supplies is between $75,000 and $260,000 depending on options exercised for CRD capabilities during the period of performance.

TABLE 1

FirstNet Primary Unlimited Data for Data Only Device (MiFi, Tablet, ROIP) Per Plan

FirstNet Primary Unlimited Smartphone Voice, Data, Text Per Plan

FirstNet Rapid Response Advanced Per Plan

FirstNet Wireless Broadband Core for CRD (up to 25 Mbps) Per Plan

4. IDENTIFICATION OF THE EXCEPTION TO FAIR OPPORTUNITY AND THE SUPPORTING RATIONALE, INCLUDING A

DEMONSTRATION THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATIONS OR NATURE OF THE ACQUISITION

REQUIRES USE OF THE EXCEPTION CITED.

Determination:

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.

Findings:

NGA is required to order communication services from the Navy Supply Systems Command (NAVSUP)

Spiral III IDIQ (Appendix I). NGA’s Security & Installations (SI) directorate requires communication services on the Nationwide Public Safety Broadband Network (commonly known as FirstNet) for operational and mission requirements IAW title 47 Sec 6202 of Public Law 112-96. Specifically, the NGA police will need access to voice and data services on this Band 14. AT&T is the only contractor under

Spiral III that offers voice and data services on this Band 14, and this is the result of a full and open competition process awarded by the Department of Commerce (Appendix II).

5. DETERMINATION BY THE CONTRACTING OFFICER (CO) THAT THE ANTICIPATED COST TO THE GOVERNMENT

WILL BE FAIR AND REASONABLE.

The Contracting Officer determines the price to be fair and reasonable on the following bases:

• Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

• Comparison of proposed prices with prices obtained through market research for the same or similar items.

6. ANY OTHER FACTS SUPPORTING THE JUSTIFICATION.

7. STATEMENT OF ACTIONS, IF ANY, THE AGENCY WILL TAKE TO REMOVE OR OVERCOME ANY BARRIERS THAT

LED TO THIS EXCEPTION TO FAIR OPPORTUNITY BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLY OR

SERVICE IS MADE.

NGA will conduct market research in the future to determine whether other contractors furnish voice and data on FirstNet. If Spiral III is a mandatory source in future, NGA will request quotes in accordance with

FAR Part 16.505 Ordering.

8. CERTIFICATIONS.

COGNIZANT CONTRACTING OFFICER CERTIFICATION:

The Contracting Officer, in support of the ordering activity, certifies the justification is accurate and complete to the best of the CO’s knowledge and belief.

SIGNATURE: _______________________________ DATE: _________________

[Richard C. Petty] Contracting Officer (Certification if < $700,000)