JA ECOMINI_Redacted.pdf

Control Number: VA-23-00076024

JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way

Eatontown, NJ 07724

2. Description of Action: The proposed sole source action is for a firm-fixed price (FFP) contract for a quantity of one FirstNet Compact Rapid Deployable (FirstNet MINICRD) system for the Office of Information Technology (OI&T), Office of Emergency Management (OEM) with AT&T Mobility, LLC 7125 Columbia Gateway Drive Suite Columbia, MD 21046.

3. Description of the Supplies or Services: VA, OI&T, OEM has a requirement for one FirstNet MINICRD System which is comprised of deployable equipment that provides AT&T Band Class 14 4G LTE wireless service, hardware/configuration support and CradlePoint advanced licensing. The FirstNet MINICRD is a highly portable FirstNet Deployable Kit contained in two ruggedized cases consisting of the miniCRD and the Satellite Link case. Each case has a CradlePoint 900 series router installed. These routers will be added to OI&T’s Net Cloud Management tool and managed by the OEM cellular team. This FirstNet MINICRD System provides coverage where permanent network coverage is not available within AT&T licenses areas, satellite service between the FirstNet MINICRD equipment and AT&T’s mobility network and related management services, hurricane response and recovery, business continuity during natural disasters or service interruption, anywhere FirstNet cellular and Internet services are needed. The kit allows creation of your own FirstNet Cellular and Wi-Fi hotspot, even in the most remote environments. This system offers multiple backhaul pathways, while broadcasting FirstNet Cellular and Internet to support critical operations.

Hardware and configuration support is included for 12 months. Delivery shall be within 30 days after award. The period of performance for hardware and configuration support shall be 12 months from date of award. The total estimated value of the proposed action is .

4. Statutory Authority: The statutory authority permitting other than full and open competition is 41 U.S.C. 1903 as implemented by the Federal Acquisition Regulation (FAR) 13.501, entitled “Special Documentation Requirements”.

5. Rationale Supporting Use of Authority Cited Above: Based on market research, as described in Section 8 of this justification, it was determined that competition is not viable, as the FirstNet MINICRD system is proprietary to AT&T Mobility, LLC. AT&T Mobility, LLC is the sole distributor of this product. Rescue42 (R42) is the sole manufacturer of the FirstNet MINICRD system and only AT&T Mobility, LLC. is an authorized distributor. R42 does not have a contractual relationship enabling any other

MiniCRD Cradlepoint Routers Control Number: VA-23-00076024 parties to resell the FirstNet MINICRD system. R42 has provided documentation to justify this, which has been made a part of the file.

The unique cellular wireless capability is critical to Emergency Recovery and the facility Continuity of Operations, which was established to provide medical services to veterans at each location during emergencies. These CradlePoint routers provide the advantage during emergencies when a connection to a land line is not available. The Cradlepoint routers are used to provide operational infrastructure communications connectivity to the cellular network for both voice and data access. There are no other products that can communicate and function within the existing CradlePoint hardware installed in the cases as it is proprietary to CradlePoint. Failure to provide emergency backup could result in the inability to provide emergency medical response for patient care.

These cases can be hand-carried or transported to anywhere communications are needed. The equipment provides coverage where permanent network coverage is not available. It allows creation of your own hotspot and multiple backhaul pathways which broadcasting FirstNet cellular and Internet to support critical operations. The consequences of not having this equipment available would impede the VA’s ability to connect to the network. The VA will experience additional time delays in restoring connectivity thus having a negative impact to the public image of the VA. Lack of connectivity results in loss of access to care and would require rescheduling of Veterans' appointments. If VA were to use another system, it would not be interoperable because there is no other system. This is the only system that is available and authorized by AT&T Mobility, LLC./FirstNet.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in section 8 of this justification. This effort did not yield any additional sources that can meet the Government’s requirements. There is no competition anticipated for this acquisition. The statutory authority permitting other than full and open competition is 41 U.S.C. 1903 as implemented by the Federal Acquisition Regulation (FAR) 13.501, entitled “Special Documentation Requirements”. Additionally, the proposed action will be synopsized on the Contracting Opportunities Page in accordance with FAR 5.201.

Any proposals that are received shall be evaluated.

7. Actions to Increase Competition: The Government will continue to conduct market research to learn if there are changes in the marketplace that would enable future actions to be competed.

8. Market Research: Market research was conducted to ascertain if other products could satisfy VA’s requirements. The Government’s technical experts conducted market research in March to April 2023 by searching internet sites and contacting vendors for information on deployable equipment that provides AT&T Band Class 14 4G LTE wireless service, hardware/configuration support and CradlePoint advanced licensing for the FirstNet MINICRD infrastructure. As well as market research information obtained from International Wireless Communication Expo. Specifically, the technical experts reviewed offerings from CradlePoint and AT&T Mobility, LLC. As a result of the market research, the technical experts have determined that no other products that can communicate and function with the existing CradlePoint hardware installed in the Plum cases as it is proprietary to CradlePoint. Based on discussion with AT&T Mobility, LLC and market research data provided by Rescue 42 it was determined that only AT&T Mobility, LLC can provide this product. AT&T Mobility, LLC FirstNet has the government contract for emergency cell services for first responders.

Additionally, VA subject matter experts stated that only CradlePoint adapters and modems would work with the existing CradlePoint routers. Market research revealed that no other product has the capability or flexibility to meet all of VA’s requirements.

Based on this market research, the VA technical experts confirmed that only FirstNet MINICRD products can meet all of VA’s requirements.

In June 2023 Rescue42, who is the manufacturer of the FirstNet MINICRD, provided a sole source letter explaining that AT&T Mobility, LLC is the sole source distributor of the product; a copy of this letter has been included in the file. Based on these market research efforts the government technical expert has determined that only AT&T Mobility, LLC can meet all of the government’s needs. As such, there is not an expectation of competition even in a limited capacity.

9. Other Facts: None.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this 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 price to the Government for this contract action will be fair and reasonable based on price analysis to include comparison of negotiated prices to the Independent Government Cost Estimate and market research pricing data.

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