HM047624F0126 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 mobile broadband services from the Navy Supply Systems Command

(NAVSUP) Spiral IV IDIQ. NGA’s Security & Installations (SI) directorate requires mobile broadband services for 50-100 devices on the Nationwide Public Safety Broadband Network (commonly known as

FirstNet) that is built by AT&T to support NGA police. Market research in FY 23 found that only AT&T offers voice and data services on FirstNet. The ordering procedures for the Spiral IV IDIQ state this FY

24 order is allowable under exception to fair opportunity:

“Public Safety Communication Services for “First Responders” may be placed with AT&T using an

Exception to Fair Opportunity referencing the FIRSTNET ALLNAV Message R121659Z FEB 19 as the justification.[…] FirstNet services should be placed on a separate Task Order from other wireless services.”

NGA will comply with the IDIQ ordering procedures and purchase its standard mobile broadband services

(services other than FirstNet) on a competitive basis under the IDIQ. This FirstNet order is only allowed to be used by eligible SI emergency personnel.

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

ESTIMATED VALUE).

In FY 23, NGA awarded a 1-year task order (HM047623F0139) to AT&T for FirstNet under NAVSUP

Spiral III IDIQ under exception to fair opportunity.

This order continues the scope of 50-100 devices under Spiral IV for a base plus four years with a 6 month extension under HM047624F0126. The publicized amount of this order is $697,253.29 to support

50-100 FirstNet services with devices, a quantity of two “FirstNet Wireless Broadband Core for CRD (up to 25 Mbps)” services with devices, and a 6 month extension.

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:

AT&T won the right to build FirstNet through a competitive process awarded by the Department of

Commerce. Market research in FY 23 found that only AT&T offers voice and data services on FirstNet.

The ordering procedures for the Spiral IV IDIQ state this FY 24 order is allowable under exception to fair opportunity:

“Public Safety Communication Services for “First Responders” may be placed with AT&T using an

Exception to Fair Opportunity referencing the FIRSTNET ALLNAV Message R121659Z FEB 19 as the justification.[…] FirstNet services should be placed on a separate Task Order from other wireless services.”

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 if only AT&T is capable of providing FirstNet supplies or services required at the level of quality required for FirstNet.

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)