IA02 Final Spiral 3 EFOJ PANMCC21P011831 1 Mar 2021 Redacted.pdf

CUI//SP OCURE

Control No: MICC-2021-43

Vendor: Verizon Wireless Services: Wireless Services

CUI//SP-PROCURE

JUSTIFICATION REVIEW DOCUMENT

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

Program/Equipment: United States Army Recruiting Command (USAREC) has a requirement for Wireless Services.

Authority: FAR 16.505(a)(4) – Restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer.

Amount:

Prepared by:

Contracting Officer: Melody A. Price DSN: 464-3513 Contracting Officer Email: melody.a.price8.civ@mail.mil

Technical:

Requirements:

Controlled by: U.S. Army Controlled by: USAREC

I Category: PROCURE Distribution/Dissemination Controls: NONE

POC:

Reviews: I have reviewed this justification and find it adequate to support an exception to fair opportunity.

Electronic Signature

Controlled by: U.S. Army Controlled by: MICC-Fort Knox

Category: General Procurement and Acquisition Distrib L m ls: FEDCON

POC:

Version - September 2018

CUI//SP OCURE

CUI//SP-PROCURE

Date: See Electronic Signature

Version - September 2018

Control No.: MICC 2021-43

Services: USAREC Wireless Services

Version – September 2018

FAR PART 16 EXCEPTION TO FAIR OPPORTUNITY JUSTIFICATION

UNDER MULTIPLE AWARD INDEFINITE DELIVERY CONTRACTS

For Actions Exceeding the Simplified Acquisition Threshold (SAT)

1. Contracting Activity: U. S. Army Mission and Installation Contracting Command - Fort Knox, (MICC-Ft. Knox), 199 6th Avenue, Suite 250, Fort Knox, KY 40121-5720.

2. Description of Action: U.S. Army Recruiting Command (USAREC) requests a firm-fixed-price task order with Verizon Wireless, One Verizon Way, Basking Ridge, NY 07920-1025 under the Navy Wireless Spiral 3. The Government projects award for March 2021 and fiscal year 2021, Operations & Maintenance, Army (OMA) funds will be used.

3. Description of Supplies/Services: USAREC requires the procurement of monthly wireless services on an interim basis pending an Ombudsman protest resolution of previously awarded task order W9124D-21-F-0079. Services under this interim task order will include CONUS and OCONUS coverage, international overages, fees, and surcharges, and unlimited broadband in support of the Army Recruiting mission.

Period of Performance:

Base period: 11 MAR 2021 to 11 MAY 2021 Value:

Option period 1: 12 MAY 2021 to 11 JUL 2021 Value:

Total Value:

4. Authority Cited: FAR 16.505(a)(4) – Restricting consideration to an item peculiar to one manufacturer (e.g., a particular brand-name, product, or a feature of a product that is peculiar to one manufacturer.

5. Reason for Authority Cited:

a. Background.

The intent of this action is to establish an interim period of service for the requirement outlined under paragraph 3, in order to implement corrective action following two (2) OMBUDSMEN level protests of task order W9124D-21-F-0079 award to AT&T. As a result of the corrective action, the aforementioned order will be terminated for convenience and the requirement re-solicited because of solicitation ambiguities that resulted in an improper award. The subsequent re-solicitation shall be competed through the Navy Wireless Spiral 3 multiple award contract and competition obtained from those approved sources. A two (2) month base plus a potential two (2) month option period should allow enough time for corrective action. This course of action is beneficial to the Army to ensure continuity of critical wireless services without interruption to support the USAREC mission until the process is completed to competitively award a new task order for USAREC’s wireless services.

b. Alternatives

Continuation of Verizon Wireless cellular services are essential to the Army’s requirements while corrective action is being implemented. Though other vendors under the Spiral 3 platform are capable of providing the services, the current equipment (phones, etc.) are products of Verizon Wireless. The continuity of service outlined herein, is a stop-gap measure due to the unforeseen protest, and does not include the equipment. Competition and award of the order to a different source would cause unacceptable delays in fulling the Government’s requirement, and would exceed the needed scope of the services required for the interim action. A new vendor would have to provide and ship equipment as well as coordinate service. At present, Verizon Wireless has equipment in place and services could continue seamlessly for the duration of the instant interim action. This will allow time for resolution of the protests and corrective action by re-soliciting and competing the full requirement.

c. Impact if not approved

Should this action not be approved, the ability of USAREC to meet congressionally mandated recruitment goals will be adversely impacted. Wireless services are critical to USAREC successfully performing its recruiting mission. It is imperative that the Army maintain continuity of services while corrective action is taken to resolve protests as outlined herein.

6. Actions to Increase Competition: The requirement requested falls within the mandatory Navy Wireless Spiral 3. Army Regulation 25-1 mandates that the use of the Navy Wireless Spiral 3 multiple award contract shall be used for wireless cellular solutions.

7. Market Research: The requiring activity completed market research on 10 February 2021 and the contracting activity completed market research on 17 February 2021 among the multiple award contractors of the Navy Wireless Spiral 3 contracts. This instant action is a stopgap measure pending resolution of the protests, and no further market research shall be conducted. Continuity of services is essential to the organization mission. Verizon provided the equipment that is presently in place at the organization under previous seven task orders. With the equipment already in place, Verizon Wireless could continue to provide seamless services for the duration of the instant action. Market research shows that other service providers cannot provide services using the current Verizon equipment immediately, but would have to have a minimum of 45 days to accomplish the transfer/porting in order to provide service.

The continuity of a non-disruption of services is vital to the organization mission. A disruption in services would be an unacceptable delay in fulfilling the Government’s requirement.

8. Other Supporting Facts: This procurement uses the Navy Wireless Spiral 3 multiple award contract and will be solicited and awarded in accordance with FAR 16.505(a)(4).

a. Procurement History.

Contract: W9124D-19-F-0119 Contractor: CELLCO Partnership dba Verizon Wireless Award Date: 23 January 2019 Competitive Status: Unrestricted

Contract: W9124D-19-F-0129 Contractor: CELLCO Partnership dba Verizon Wireless Award Date: 24 January 2019 Competitive Status: Unrestricted

Contract: W9124D-19-F-0134 Contractor: CELLCO Partnership dba Verizon Wireless Award Date: 30 January 2019 Competitive Status: Unrestricted

Contract: W9124D-19-F-0136 Contractor: CELLCO Partnership dba Verizon Wireless Award Date: 30 January 2019 Competitive Status: Unrestricted

Contract: W9124D-19-F-0137 Contractor: CELLCO Partnership dba Verizon Wireless Award Date: 31 January 2019 Competitive Status: Unrestricted

Contract: W9124D-19-F-0148 Contractor: CELLCO Partnership dba Verizon Wireless Award Date: 31 January 2019 Competitive Status: Unrestricted

Contract: W9124D-19-F-0150 Contractor: CELLCO Partnership dba Verizon Wireless Award Date: 4 February 2019 Competitive Status: Unrestricted

9. Technical Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

10. Requirements Certification: I certify that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated cost or price to the Government for this contract action will be fair and reasonable. This determination will be made using price analysis. As a part of this basis, certified cost or pricing data will not be required and the following exception applies: FAR 15.403(b)(3), a commercial item is being acquired.

MELODY A. PRICE

Contracting Officer Signature:

MICC – FT Knox Date: See Electronic Signature

12. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Digitally signed by

PRICE.MELODY.A.1230585594

.A.1230585594 Date: 2021.02.22 15:10:23

Contracting Officer Signature:

MICC – FT Knox Date: See Electronic Signature

Digitally signed by

PRICE.MELODY PRICE.MELODY.A.123058

.A.1230585594 Date: 2021.02.22 15:09:21 -05'00'

PRICE.MELODY a

Approval

Based on the foregoing justification, I hereby approve the procurement of Wireless Services for U.S. Army Recruiting Command using an exception to fair opportunity pursuant to the authority of Federal Acquisition Regulation 16.505(a)(4) - Restricting consideration to an item peculiar to one manufacturer. The estimated value of the task order is for up to a 4 month period of performance consisting of a base period of 2 months and an option of 2 months from 11 March 2021 through 11 July 2021. This approval is subject to availability of funds, and provided that the services or supplies herein described have otherwise been authorized for acquisition.

SCOTT D. KUKES

Alternate Advocate for Competition U.S. Army Mission and Installation Contracting Command, JBSA Fort Sam Houston, TX